Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
030926A AGENDA PACKET
1 AGENDA Jefferson County Board of Commissioners Regular Meeting – Monday, March 9, 2026 at 9:00 a.m. This is a Hybrid meeting: Virtual and In-Person Attendance at Jefferson County Courthouse – Commissioners’ Chambers 1820 Jefferson Street, Port Townsend, WA Heather Dudley-Nollette, District 1 | Heidi Eisenhour, District 2 | Greg Brotherton, District 3 – Chair To view Agenda items, meeting materials and comments received, click here: www.co.jefferson.wa.us – Services Laserfiche Web Portal (username and password is: public)– Board of Commissioners – BOCC Agenda Packets 2026 Weekly Agenda Items – Month of the meeting – Day of the meeting You can join this meeting by using the following methods: In the event of technical difficulties, at least one of the methods above will be accessible to the public. Please try all methods first before calling 360-385-9100 to report any issues. Individuals may provide Public Comment using the following methods: Video: Refer to meeting instructions above Audio-only: Refer to meeting instructions above Email: You may submit comments/correspondence to us at: jeffbocc@co.jefferson.wa.us up through 11:59 p.m. the day before the meeting. Public Comment Periods are dedicated to listening to the public. Each person may address the Board one time during these periods. To ensure equal opportunity for the public to comment, all comments shall be limited to 2 or 3 minutes per person, depending on the volume of public in attendance. Some Agenda items may have additional Public Comment Periods – these comment periods are for listening to comments specific to that Agenda item. The Chair may add additional Public Comment Periods throughout the meeting. 9:00 a.m. CALL TO ORDER 9:01 a.m. PUBLIC COMMENT PERIOD – ALL TOPICS Zoom Meeting: https://zoom.us/j/93777841705 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.” Participation will be up to the Chair and Clerk Audio-only: Dial: 1-253-215-8782 and use Webinar ID: 937-7784-1705# This option will allow you to listen to the meeting live. If you wish to provide public comment, press *9 to “raise your hand.” Participation will be up to the Chair and Clerk Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384. If you need special accommodations, please contact our office 24 hours in advance. In-person: You are welcome to join this meeting in-person. Agenda: March 9, 2026 2 No set time APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Items listed below have been distributed to the Commissioners in advance for study and will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Agenda, at the request of any of the Commissioners). 1. RESOLUTION NO. ___ re: Amending Resolution No. 83-1215-25R: In the matter of establishing a Conservation Futures Fund Program application period, setting an estimated amount of Conservation Futures Fund available, and approving program materials for use in the 2026 Conservation Futures Fund Cycle 2. RESOLUTION NO. ___ re: In the matter of initiating a County road project designated as Tarboo Creek Culverts Replacement Project 3. RESOLUTION NO. ___ re: In the matter of authorizing the purchase of a 1999 International S2574 tandem axle truck for use at the Solid Waste Transfer Station 4. MEMORANDUM OF UNDERSTANDING re: Therapeutic Court; $275,000; Jefferson County Superior Court; Jefferson County District Court 5. MEMORANDUM OF AGREEMENT re: Preceptor service to advanced students of medicine in need of practicum course work; No cost; Public Health; Frontier Nursing University, Inc 6. AWARD OF CONTRACT re: Pavement marking on Jefferson County Roads in calendar years 2026-2027; $201,775 for two years; Public Works; Specialized Pavement Marking LLC 7. AGREEMENT re: Legislative representation and lobbying services for 2026-2027; $18,300; County Administrator’s Office; Acorn Consulting 8. AGREEMENT re: Olympic Coast Remotely Operated Vehicle (ROV); $10,398; Public Health; National Marine Sanctuary Foundation 9. AGREEMENT, Amendment No. 1 re: Intellectual and Development Disabilities – Individual supported employment services; Decrease of $44,000; Public Health; Cascade Community Connections 10. AGREEMENT, Amendment No. 1 re: Intellectual and Development Disabilities – Community Inclusion services; Increase $241,107.90 for a total of $454,463.70; Public Health; Cascade Community Connections 11. AGREEMENT, Amendment No. 1 re: Intellectual and Development Disabilities – Group employment services; Increase $6,000 for a total of $77,803.90; Public Health; Cascade Community Connections 12. AGREEMENT, Amendment No. 12 re: Consolidated Contracts; Additional $40,140 for a total of $6,179,078; Public Health; Washington State Department of Health 13. APPROVAL OF PAYROLL WARRANTS: Dated March 5, 2026 and totaling $2,412,633.13 REGULAR AGENDA: 9:30 a.m. WORKSHOP re: Space planning options for relocating the Auditor’s Annex staff upon termination of the Port of Port Townsend Lease Shawn Frederick, Central Services Director 10:30 a.m. BID OPENING re: Publication of County Legal Notices Carolyn Gallaway, Clerk of the Board Agenda: March 9, 2026 3 No set time WORKSHOP re: Financial Planning Status Judy Shepherd, Finance Director No set time COMMISSIONERS BRIEFING SESSION 11:00 a.m. WORKSHOP re: Opportunity Zones 2.0 Josh Peters, County Administrator David Ballif, EDC Team Jefferson Executive Director No set time RECESS 1:30 p.m. AFTERNOON SESSION 1:30 p.m. to 2:00 p.m. EXECUTIVE SESSION with the County Administrator, Chief Civil Deputy Prosecuting Attorney (DPA), and Central Services Director re: Potential/Actual Litigation; Exemption as Outlined in the Open Public Meetings Act, RCW 42.30.110(1)(i) DISCUSSION, POTENTIAL ACTION with PUBLIC COMMENT re: TOPIC OF THE EXECUTIVE SESSION 2:30 p.m. HEARING re: Amendments to the Jefferson County Code regarding Critical Areas Ordinance (CAO) Jeremy Williammee, DCD Director Greg Ballard, Development Code Administrator No set time UPDATE re: Office of the Fire Marshal 3:30 p.m.) Jeremy Williamee, DCD Director/Fire Marshal Brian Tracer, Deputy Fire Marshal No set time ADDITIONAL DISCUSSION ITEMS Legislative update No set time ADJOURNMENT (Adjourn by 4:30 p.m.) Agenda: March 9, 2026 4 COMMISSIONERS MEETING SCHEDULE The Week of March 9, 2026 A snapshot of the meetings the Commissioners will be attending this week are notated below, and are subject to change. If you would like to get more information on these meetings, please contact the Commissioners’ Office at 360-385-9100 or send us an email at: jeffbocc@co.jefferson.wa.us Monday, March 9, 2026 9:00 a.m. BOCC Meeting – Board Tuesday, March 10, 2026 10:30 a.m. Shelter Operations Meeting – Greg 11:15 a.m. New Shelter Coalition Meeting - Greg 2:30 p.m. Behavioral Health Advisory Committee Hybrid Meeting 2026 - Heather Wednesday, March 11, 2026 8:30 a.m. ORCAA Finance Committee Meeting - Greg 10:00 a.m. Ferry Advisory Committee Meeting – Heather 10:00 a.m. ORCAA Board of Directors Meeting - Greg 2:00 p.m. Jefferson Transit Authority Finance Committee Meeting - Greg 7:00 p.m. Grange Meeting - Heidi Thursday, March 12, 2026 1:30 p.m. Technology Advisory Committee Meeting - Greg 6:00 p.m. Jefferson County Fairgrounds Association Board Meeting - Heather Friday, March 13, 2026 9:00 a.m. SBH-ASO Executive Board Meeting – Heather 12:30 p.m. KPTZ – Greg 3:30 p.m. County Ferry Caucus Meeting - Heather The County has various Boards and Committees that are subject to the Open Public Meetings Act (OPMA). Agendas for those meetings will be posted to the Jefferson County website calendar 24 hours prior to the start of the meeting. Agendas will contain information on how to provide public comment, meeting access, and meeting materials (if available). For more information, go to: www.co.jefferson.wa.us and click on the Calendar tab. COMMISSIONERS MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA. Americans with Disabilities Act (ADA) Accommodations Provided Upon Request Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Carolyn Gallaway, Clerk of the Board DATE: March 9,2026 SUBJECT: BID OPENING re: Publication of County Legal Notices STATEMENT OF ISSUE: A Call for Bids was approved by the Commissioners on January 12, 2026. Per RCW 36.72.075 the County must designate an Official County Newspaper by their first Regular Meeting in April. Bidders must have five weeks to prepare and submit their bids to the Clerk of the Board. RECOMMENDATION: Open Bids received for Publication of County Legal Notices. Staff will review bids for accuracy, and prepare a bid tabulation for review at a future meeting. REVIEWED BY: Jos 7 P. Peters, County Administrator Dat Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: March 9, 2026 UU// Subject: Award of Contract for Pavement Marking on Jefferson County Roads in Calendar Years 2026 - 2027. Statement of Issue: Awarding of Contract with Specialized Pavement Marking LLC, of Tualatin, OR, for the project referenced above. Analysis/Strategic Goals/Pro's Et Con's: The Public Works Department has completed checking the bids and has investigated the qualifications of the lowest bidder including Bidder responsibility criteria of RCW 39.04.350(1) and project Special Provision 1-02.14 or WSDOT Standard Specification 1-02.14. Bid tabulations and Bidder verification documentation is attached. Fiscal Impact/Cost Benefit Analysis: Contracted pavement marking services are accounted for in the Public Works Road Operations Budgets. The estimated Contract amount for this (2) year contract is $201,775.00 Recommendation: Public Works recommends that the Board authorize the Award of Contract to Specialized Pavement Marking, LLC and requests the Board to sign the two 2) Contracts where indicated, and return one signed original Contracts to Public Works for final processing Department Contact: _Conor Ferry, Project Manager, 360-385-9168. Reviewed By: C)-a-tD(2dim 3/(1 34 JoWPeters, County Administrator Date gDepartment of Public Works 623 Sheridan Street Port Townsend,WA 98368 Jefferson County, Washington 360-385-9160 DATE: March 9,2026 TO: Board of County Commissioners FROM: Eric Kuzma,Public Works Director SUBJECT: AWARD OF CONTRACT Pavement Marking on Jefferson County Roads in Calendar Years 2026-2027. In the matter of awarding a contract for the above referenced work: The Call for Bids was issued by Jefferson County Public Works on February 11,2026. Due notice of the Call for Bids was given as required by law. Electronic bids were received up until 5:00pm on February 26. The Public Works Department has completed checking the bids and has investigated the qualifications of the lowest bidder including Bidder responsibility criteria of RCW 39.04.350(1)and project Special Provision 1-02.14 or WSDOT Standard Specification 1-02.14. Bid tabs are attached for reference. The Public Works Department recommends that the contract be awarded to the lowest responsive and responsible bidder: Specialized Pavement Marking LLC,of Tualatin,OR,for their bid amount of$201,775.00 for the : Pavement Marking on Jefferson County Roads in Calendar Years 2026-2027. Approved Date Greg Brotherton Chair,Board of County Commissioners Attached:Bid Tabulations Bidder Verification Summary I CONTRACTORS' BIDS OUNTY ROADWAYS Contractor#1 Contractor#2 Contractor#3 D27 ENGINEERS SPECIALIZED PAVEMENT BRIGHTLINE PAVEMENT GOLD ROCK INVT LLC ESTIMATE MARKING LLC MARKING 219,950.00 APPROX. UNIT UNIT BID TOTAL BID UNIT BID TOTAL BID UNIT BID TOTAL BID UNIT BID TOTAL BID QUANTITY LIN. MILE 200 450.00 90,000.00 415.00 83,000.00 425.00 85,000.00 415.00 83,000.00 LIN. MILE 275 460.00 126,500.00 425. 00 $116,875. 00 450.00 $123, 750.00 415.00 $114,125.00 L.S. 1 1,650.00 1,650.00 950.00 950.00 500.00 500.00 2,000.00 2,000.00 L.S. 1 1,800.00 1,800.00 950.00 950.00 500.00 500.00 2,000.00 2,000.00 2-YEAR TOTAL AMOUNT: $219,950.00 201,775. 00 209,750.00 286,125.00 VDARD SPECIFICATIONS PROPOSAL FORM NOT PROPERLY EXECUTED 1-02-13 (D) j DATE: 3/ 474 il 6 DATE: 41 Page 1 of 1 BID & CONTRACTOR VERIFICATION SUMMARY Form Version Date: 3/31/2023 Jefferson County Public Works Bid Opening Date:30-Mar-23 Project Name PAVEMENT MARKING ON JEFFERSON COUNTY ROADS 2026-2027 Bid Opening Time:2:00pm County Project No.18020490 LOW TO HIGH BID ORDERCONTRACTOR BID AMOUNT (W/O Sales Tax)APPARENT LOW BIDDERBIDS ENTERED IN BID TABULATION SHEETMATH VERIFIEDADDENDUMS ACKNOWLEDGED BY CONTRACTORPROPOSAL SIGNEDFEDERAL I.D. NO.5% PROPOSAL BOND INCLUDEDNON-COLLUSION DECLARATION RETURNED WITH BID PROPOSALCERT. FOR FEDERAL AID CONTRACTS RETURNED WITH BID PROPOSALWAGE LAW CERTIFICATION SIGNED ( 272-009)SUBCONTRACTOR LIST RCW 39.30. 060 (272- 009) DBE UTILIZATION CERTIFICATION COMPLETED (272-056) DBE WRITTEN CONFIRMATION DOCUMENT COMPLETED (472- 615 Sheridan Street Port Townsend, WA 98368 celvison. www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, JCPH Director Veronica Shaw, JCPH Deputy Director DATE: ma rat `7 2O2 C SUBJECT: Agenda Item — Consolidated Contracts Amendment #12 with the Department of Health; January 1, 2025 — December 31, 2027; $40,140 additional STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests Board approval of Consolidated Contract Amendment #12 between JCPH and State of Washington Department of Health (DOH); January 1, 2025 — December 31, 2027; additional funding of $40,140 for a total to date of $6,179,078. ANALYSIS/STRATEGIC GOALS/PROS and CONS: The purpose of this agreement is to provide public health services to the people of Washington State. This amendment adds and/or amends statements of work (SOW) and funding for the following programs: BEACH Program works with local health jurisdictions to monitor water at marine swimming beaches for bacteria (new SOW) (funding of $8,000). Maternal & Child Health Block Grant (MCHBG) — this revision adds funding which supports interventions that impact the target population of the MCHBG (additional funding of $2,140). Office of Drinking Water Group A Program provides funding for conducting sanitary surveys and providing technical assistance to small community water systems (additional funding of $4,600). WIC Nutrition Program — this revision adds funds, and moves funds within the Women, Infants, and Children Nutrition Program (additional $25,400). FISCAL IMPACT/COST BENEFIT ANALYSIS: Total consideration for this Contract Amendment is $40,140. The Consolidated Contract is funded by DOH, and comprises both Federal and State funds. Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) f) 360-379-4487 Always working for a safer and healthier community CC-25-001-A 12 RECOMMENDATION: JCPH Management recommends BoCC approval of Consolidated Contract Amendment #12 between JCPH and DOH; January 1, 2025 — December 31, 2027; additional funding of $40,140. REVIEWED BY: peiTholto, 3/;/d6 Josh D. P rs, County 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: State of WA Dept of Health Contract No: CC-25-001-Al2 Contract For: Consolidated Contracts, Amendment 12 Term: 1/1/2025 - 12/31/2027 COUNTY DEPARTMENT: Public Health Contact Person:Apple Martine Contact Phone: x443 Contact email: amartine@co.jefferson.wa.us AMOUNT: $40,140 additional,for a total of$6,179,078 PROCESS:Exempt from Bid Process Revenue: $40,140 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required:Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# 127 RFP or RFQ Munis Org/Obj 12756220 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM NCE W CC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: fl N/A:El Feb. 25.2026 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: El N/A: 4117(/41°_,/G Feb.25. 2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/27/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/27/2026. 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 Page 1 of 21 JEFFERSON COUNTY PUBLIC HEALTH 2025-2027 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH32053 AMENDMENT NUMBER: 12 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as DOH", and JEFFERSON COUNTY PUBLIC HEALTH, a Local Health Jurisdiction, hereinafter referred to as"LHJ", pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work, includes the following statements of work,which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL: https.i/stateofwasharepoint.comi sites doh-afsfundinaresource'J si tepagesihome.aspx'ee l:9a94688da2d9-Id3eatt0ac 7Ibc32e-ld 7c Adds Statements of Work for the following programs: BEACH Program - Effective March 1, 2026 Amends Statements of Work for the following programs: Maternal &Child Health Block Grant—Effective January 1, 2025 Office of Drinking Water Group A Program - Effective January 1, 2025 WIC Nutrition Program - Effective January 1, 2025 Deletes Statements of Work for the following programs: 2. Exhibit B-12 Allocations, attached and incorporated by this reference,amends and replaces Exhibit B-1 1 Allocations as follows: Increase of$40,140 for a revised maximum consideration of$6,179,078. Decrease of for a revised maximum consideration of . No change in the maximum consideration of . Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C Federal Grant Awards Index, incorporated by this reference, and located in the ConCon, Funding&BARS library at the URL provided above. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. JEFFERSON COUNTY WASHINGTON STATE OF WASHINGTON BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF HEALTH Greg Brotherton,Chair Date Date APPR D S TO FORM ONLY APPROVED AS TO FORM ONLY Jeremiah B. Luther, DPA Assistant Attorney General 02/27/2026 hi p C. H sucker, Date Page 1 of 1 ief.CI ' puty Prosecuting Attorney CC-25.001.A I EXHIBIT B-12 Page 2 of 21 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: February 1,2026 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 11 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 1,994 23,449 27,516 FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 9 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 722) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 8 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 6,061) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 4,8 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 28,238 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 11 10.557 333.10.55 01/01/25 09/30/26 10/01/23 09/30/26 1,994) 4,067 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 8 10.557 333.10.55 01/01/25 09/ 30/26 10/01/23 09/30/26 6,061 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 4 10.557 333.10.55 01/01/25 09/ 30/26 10/01/23 09/30/26 ($28,238) 0 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 2 10.557 333.10.55 01/01/25 09/ 30/26 10/01/23 09/30/ 26 28,238 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 8 10.557 333.10.55 01/01/25 09/ 30/25 10/01/24 09/30/25 3,448) $144,669 144,669 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 4 10.557 333.10.55 01/01/25 09/ 30/ 25 10/01/24 09/30/25 3,975 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 2 10.557 333.10.55 01/ 01/25 09/30/ 25 10/01/24 09/30/25 $144, 142 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 12 10.557 333.10.55 10/01/25 09/ 30/ 26 10/01/25 09/ 30/26 S25,400 50,800 S50,800 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 11 10.557 333.10.55 10/01/ 25 09/30/26 10/01/25 09/30/ 26 10,837 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 9 10.557 333.10.55 10/01/ 25 09/ 30/ 26 10/01/25 09/30/26 14,563 FFY25 Farm Mkt Ntr Prog Mgmt USDA 7WA810WA7 Amd 4 10.572 333.10.57 01/01/25 09/ 30/25 10/01/24 09/30/25 637 637 637 FFY26 Swimming Beach Act IAR(ECY) 03J18701 Amd 12 66.472 333.66.47 03/01/26 10/31/26 07/01/25 11/30/26 S8,000 S8,000 S21,500 FFY25 SWIMMING BEACH ACT IAR(ECY)01J74301 Amd 2 66.472 333.66.47 03/01/25 10/31/25 01/01/25 11/30/25 13,500 13,500 FFY25 PHEP BP2-CDC-LHJ Partners NU90TU000055 Amd 9 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/ 30/ 26 14,857 34,384 48,138 FFY25 PHEP BP2-CDC-LHJ Partners NU90TU000055 Amd 7 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/ 30/ 26 19,527 FFY24 PHEP BP1-CDC-LHJ Partners NU90TU000055 Amd 1 93.069 333.93.06 01/01/25 06/30/25 07/01/24 06/30/ 25 13,754 13,754 FFY25 OD2A OID CDC Prevent NUI7CE010218 Amd 10 93.136 333.93.13 09/01/25 06/30/26 09/01/25 08/31/26 98,000 98,000 217, 677 FFY24 OD2A OID CDC Prevent NUI7CE010218 Amd 10 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 21,788 38,121 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 6 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 16,333 FFY24 OD2A OID CDC Prevent NUI7CE010218 Amd 2 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 32,556 81,556 FFY24 OD2A OID CDC Prevent NUI7CE010218 Amd 1 93.136 333.93.13 01/ 01/25 06/30/25 09/01/24 08/31/25 49,000 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 9 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 21,049 38,072 55,038 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 5 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 17,023 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 3 93.217 333.93. 21 01/ 01/25 03/31/25 04/01/24 03/31/25 8,345 16,966 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 21 93.217 333.93.21 01/ 01/25 03/31/25 04/01/24 03/31/25 8,621 FFY24 CDC PPHF Ops NH23IP922619 Amd 1 93.268 333.93.26 01/ 01/25 06/30/ 25 07/01/23 06/ 30/ 25 10,000 10,000 10,000 FFY20 ELC EDE LHJs CDC NU50CK000515 Amd 1,7 93.323 333.93.32 01/01/25 12/ 31/25 01/15/ 21 07/31/26 15,580 15,580 15,580 FFY19 ELC ED Immunizations CDC NU50CK000515 Amd 9 93.323 333.93.32 07/01/25 06/30/ 26 07/01/25 07/30/26 10,000 10,000 10,000 FFY21 CDC COVID-19 PHWFD-LHJ NU90TP922181 Amd 3 93.354 333.93.35 01/01/25 06/30/25 07/01/23 06/30/25 51,330 51,330 51,330 Page 1 of 3 EXHIBIT B-12 Jefferson County Public Health ALLOCATIONS Contract Page 3 of 21 Number: CLH32053 Contract Term:2025-2027 Date: February 1,2026 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total PH Infrastructure Comp Al-LHJ NE11OE000053 Amd 9 93.967 333.93.96 01/01/25 11/30/27 12/ 01/22 11/30/ 27 $200,000 350,300 350,300 PH Infrastructure Comp AI-LHJ NE11OE000053 Amd 3 93.967 333.93.96 01/01/25 11/30/27 12/01/22 11/30/ 27 $150,300 FFY25 HRSA MCHBG LHJ Contracts B04MC54583 Amd 1 93.994 333.93.99 01/01/25 09/30/ 25 10/01/24 09/ 30/ 25 27,525 27,525 27,525 FFY25 MCHBG Special Pr HRSA 2 B04MC54583 Amd 9 93.994 333.93.99 10/01/25 09/30/ 26 10/01/25 09/ 30/26 3,376 3,376 3,376 FFY26 MCHBG LHJ Contracts HRSA YRI B04MC55473 Amd 12 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/ 30/26 2,140 8,857 8,857 FFY26 MCHBG LHJ Contracts HRSA YRI B04MC55473 Amd 11 93.994 333.93.99 10/ 01/25 09/30/26 10/01/25 09/ 30/ 26 6,717 FFY26 MCHBG LHJ Contracts HRSA YRI B04MC55473 Amd 9 93.994 333.93.99 10/01/25 09/ 30/26 10/01/25 09/ 30/ 26 ($36,700) 0 FFY26 MCHBG LHJ Contracts HRSA YRI B04MC55473 Amd 7 93.994 333.93.99 10/01/25 09/ 30/26 10/01/25 09/ 30/ 26 36,700 SFY25 SBHC Proviso Amd 1 N/A 334.04.90 01/01/25 06/30/25 07/01/24 06/30/25 59,000 59,000 59,000 SFY26 Sch Based Hlth Cent 1225 Proviso Amd 7 N/A 334.04.90 07/01/25 06/30/26 07/01/25 06/30/26 $140,000 140,000 140,000 SFY25 DUH Naloxone DDO HCA IAR Amd 4 N/A 334.04.91 03/01/25 06/30/25 12/10/24 06/ 30/25 15,000 15,000 15,000 SFY26 Drug User Health Program Amd 6 N/A 334.04.91 07/01/25 06/30/26 07/01/25 06/ 30/26 80,500 80,500 120,750 SFY25 Drug User Health Program Amd I N/A 334.04.91 01/ 01/25 06/30/25 07/01/24 06/30/25 40,250 40,250 SFY26 Sexual&Rep Hlth Cost Share Amd 9 N/A 334.04.91 01/01/26 06/30/26 07/01/25 06/ 30/26 41,664 41,664 137,061 SFY26 Sexual&Rep Hlth Cost Share Amd 7 N/A 334.04.91 07/01/25 12/31/25 07/01/25 06/30/26 47,404 47,404 SFY25 Sexual&Rep Hlth Cost Share Amd 1 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 47,993 47,993 SFY25 SSPS Opiod Harm Red Proviso Amd 2 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 8,000 8,000 8,000 SFY25 LHJ Opioid Campaign Proviso Amd 3 N/A 334.04.93 01/01/25 06/ 30/25 07/01/24 06/30/25 24,500 56,000 56,000 SFY25 LHJ Opioid Campaign Proviso Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/30/25 31,500 Rec Shellfish/Biotoxin Amd 6 N/A 334.04.93 07/01/25 06/30/ 26 07/01/25 06/30/26 7,500 7,500 11,200 Rec Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 3,700 3,700 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/26 06/ 30/ 27 07/01/25 06/30/27 6,571 6,571 68,200 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/25 06/ 30/26 07/01/25 06/30/27 36,611 36,611 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 01/01/25 06/ 30/25 07/01/23 06/30/25 8,763)25,018 Small Onsite Management(ALEA) Amd 4 N/A 334.04.93 01/01/25 06/ 30/25 07/01/23 06/30/25 1,363 Small Onsite Management(ALEA) Amd 3 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 32,418 SFY27 Wastewater Management-GFS Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/26 06/30/27 31,822 31,822 49,824 SFY25 Wastewater Management-GFS Amd 8 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/25 8,763 18,002 SFY25 Wastewater Management-GFS Amd 4 N/A 334.04.93 01/ 01/25 06/ 30/25 07/01/24 06/30/25 1,363) SFY25 Wastewater Management-GFS Amd 3 N/A 334.04.93 01/01/25 06/30/ 25 07/01/24 06/30/25 10,602 Page 2 of 3 EXHIBIT B-12 Page 4 of 21 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: February 1,2026 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total SFY26 FPHS-LHJ Funds-GFS Amd 9 N/A 336.04.25 07/01/25 06/ 30/26 07/01/25 06/30/26 ($75,000) $2,128,000 4,461,000 SFY26 FPHS-LHJ Funds-GFS Amd 7 N/A 336.04.25 07/01/25 06/ 30/ 26 07/01/25 06/30/26 $2,203,000 SFY25 FPHS-LHJ Funds-GFS Amd 1 N/A 336.04.25 01/01/25 06/ 30/ 25 07/01/24 06/30/25 $2,333,000 $2,333,000 1'R 1 Stimulus- Local Asst(10%of 15%)SS Amd 12 N/A 346.26.64 01/01/25 12/31/27 07/01/23 06/ 30/28 1,800 3,850 S3,8511 YRI Stimulus-Local Asst(10%of 15%)SS Amd 11 N/A 346.26.64 01/01/25 12/ 31/27 07/01/23 06/30/ 28 250 YRI Stimulus-Local Asst(10%of 15%)SS Amd 6 N/A 346.26.64 01/01/25 12/ 31/27 07/01/23 06/30/ 28 1,800 YR 28 SRF-Local Asst(15%)SS Amd 11 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 200 200 200 YR 28 SRF-Local Asst(15%)SS Amd 6 N/A 346.26.64 01/01/25 12/ 31/27 07/01/24 06/30/29 2,200) YR 28 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 12/ 31/27 07/01/24 06/ 30/ 29 2,200 YR 27 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/ 01/25 06/30/25 07/01/23 06/ 30/25 2,200) 0 YR 27 SRF-Local Asst(15%)SS Amd 1 N/A 346.26.64 01/01/25 06/30/25 07/01/23 06/30/25 2,200 Sanitary Survey Fees SS-State Amd 12 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/31/27 1,800 4,050 4,050 Sanitary Survey Fees SS-State Amd 11 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/31/27 450 Sanitary Survey Fees SS-State Amd 6 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/31/27 400) Sanitary Survey Fees SS-State Amd 1,6 N/A 346.26.65 01/ 01/25 12/31/27 07/01/23 12/31/27 2,200 YR 1 Stimulus- Local Asst(10%of 15%)TA Amd 12 N/A 346.26. 66 01/01/25 12/31/27 07/01/23 06/30/28 1.000 2,000 2,000 YRI Stimulus-Local Asst(10%of 15%)TA Amd 6 N/A 346.26.66 01/01/25 12/31/27 07/01/23 06/30/ 28 1,000 YR 28 SRF-Local Asst(15%)TA Amd 6 . N/A 346.26.66 01/01/25 12/31/27 07/01/24 06/30/29 1,000) 0 0 YR 28 SRF-Local Asst(15%)TA Amd 4 N/A 346.26. 66 01/ 01/25 12/ 31/27 07/01/24 06/ 30/ 29 1,000 YR 27 SRF-Local Asst(15%)TA Amd 4 N/A 346.26. 66 01/ 01/25 06/30/25 07/01/23 06/30/25 1,000) 0 YR 27 SRF-Local Asst(15%)TA Amd I N/A 346.26. 66 01/01/25 06/30/25 07/01/23 06/30/25 1,000 TOTAL 6,179,078 $6,179,078 Total consideration: 6,138,938 GRAND TOTAL 6,179,078 40,140 GRAND TOTAL 6,179,078 Total Fed 1,042,943 Total State 5,136,135 Assistance Listing Number fka Catalog of Federal Domestic Assistance Federal revenue codes begin with"333". State revenue codes begin with"334". Page 3 of 3 Page 5 of 21 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: BEACH Program -Effective March 1,2026 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: March 1,2026 through October 31,2026 State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: The Beach Environmental Assessment,Communication,and Health(BEACH)Program works with LHJ to monitor water at marine swimming beaches for bacteria and provide public notification when levels are unsafe.This work is funded by an interagency agreement issued by Department of Ecology(ECY) for administration by DOH. Reference DOH Contract#GVS32430. Revision Purpose: N/A Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY26 SWIMMING BEACH GRANT IAR(ECY) 26505926 66.472 333. 66.47 03/01/26 10/31/26 0 8,000 8,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 8,000 8,000 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1 BEACH Program Administration and Annual Meeting: Time Summarize time spent on administrative Annual meeting held in Reimbursement for actual spent on administrative duties related to the BEACH duties in annual report. March 2026.Annual report costs up to$8,000 for Program and the 2026 Annual meeting. due October 31,2026. tasks 1-3. Sub-recipient 2 Bacteria Monitoring&Public Notification 1. Enter data into Department of Ecology's 1. Enter data results into may use their discretion in Collect samples and field observations in BEACH Program Database. database by Friday each prioritizing which task(s) accordance with BEACH Program Quality week of sample collection. to pay with this award. Assurance Project Plan(QAPP).Notify BEACH 2. Email copies of laboratory analytical Program Coordinator in advance if samples cannot reports to BEACH Program Coordinator.2. Email copies of reports be collected.Coordinate deviations from the QAPP upon receipt. and/or schedule with the BEACH Program 3. Include a list of swimming advisories in Coordinator.annual report. 3. Annual report due Post and/or remove swimming advisory signs as October 31,2026. needed. Provide public education about beach water Exhibit A, Statement of Work Page 1 of 2 Contract Number CLH32053-Amendment 12 Page 6 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount quality.Notify BEACH Program Coordinator of swimming advisories as soon as possible. 3 Illness Pollution Investigations 1. Provide notification via telephone to 1. Within fourteen(14) Notify BEACH Program Coordinator of any illness reports BEACH Program Coordinator. business days. related to recreational swimming beaches. Conduct illness investigations as needed. 2. Summarize illness investigation in annual 2. Annual report due report.October 31,2026. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements The funds for this project are being provided by an Environmental Protection Agency grant,Agreement Number CU-03J 18701-0,Catalog of Federal Domestic Assistance Number 66.472—Beach Monitoring and Notification Program Implementation Grants. Program Manual,Handbook,Policy References: Quality Assurance Project Plan https://apps.ecology.wa.gov/publications/SummaryPages/1903119.htmI Exhibit A, Statement of Work Page 2 of 2 Contract Number CLH32053-Amendment 12 Page 7 of 21 Exhibit A Statement of Work Contract Term: 2025- 2027 DOH Program Name or Title: Maternal&Child Health Block Grant— Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through September 30,2026 State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: The purpose of this revision is to add additional FFY26 MCHBG LHJ CONTRACTS HRSA YR1 funding. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 HRSA MCHBG LHJ CONTRACTS 78101251 93.994 333.93.99 01/01/25 09/30/ 25 27,525 0 27,525 FFY26 MCHBG LHJ CONTRACTS HRSA YR1 78101261 93.994 333.93.99 10/ 01/25 09/30/ 26 6,717 2,140 8,857 FFY25 MCHBG SPECIAL PR HRSA 2 7810125A 93.994 333.93.99 10/ 01/25 09/30/ 26 3,376 0 3,376 0 0 0 0 0 0 0 0 0 TOTALS 37,618 2,140 39,758 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Maternal and Child Health Block Grant(MCHBG)Administration la Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 16,2025 Reimbursement for actual from October 1,2024 through March 31,2025. Budget Workbook to DOH Community costs,not to exceed total Consultant.funding consideration. lb Develop 2025-2026 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 5,2025 Monthly Reports must only October 1,2025 through September 30,2026 using Community Consultant. reflect activities paid for DOH-provided template. with funds provided in this lc Participate in DOH-sponsored annual MCHBG meeting. LHJ Contract Lead or designee will attend September 30,2025 statement of work for the meeting. specified funding period. Exhibit A,Statement of Work Page 1 of 5 Contract Number CLH32053-Amendment 12 Page 8 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Id Report actual expenditures for October 1,2024 through Submit actual expenditures using the MCHBG December 5,2025 September 30,2025. Budget Workbook to DOH Community See Program Specific Consultant.Requirements and Special le Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 15,2026 Billing Requirements. from October 1,2025 through March 31,2026. Budget Workbook to DOH Community Consultant. 1 f Report annual FTE billed to MCHBG.Submit FTE information on DOH-provided July 1,2026 template. lg Develop 2026-2027 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 4,2026 October 1,2026 through September 30,2027 using Community Consultant. DOH-provided template. lh Participate in DOH-sponsored MCHBG fall regional LHJ Contract Lead or designee will attend September 30,2026 meeting. regional meeting. Implementation 2a Report 2024-25 MCHBG-funded activities and Submit monthly reports to DOH Community January 15,2025 Reimbursement for actual outcomes using DOH-provided reporting template. As a Consultant. Describe in your updates within February 15,2025 costs,not to exceed total foundation of your MCHBG work determine how each activity of the monthly report how you March 15,2025 funding consideration. processes and programs can close gaps in health are intentionally focused on closing gaps in April 15,2025 Monthly Reports must only outcomes.health outcomes. May 15,2025 reflect activities paid for June 15,2025 with funds provided in this July 15,2025 statement of work for the August 15,2025 specified funding period. September 15,2025 2b Develop 2025-26 MCHBG reporting document for Submit MCHBG reporting document to DOH Draft-August 15,2025 See Program Specific October 1,2025 through September 30,2026 using Community Consultant. Final-September 12,2025 Requirements and Special DOH-provided template. Billing Requirements. 2c Report 2025-26 MCHBG-funded activities and Submit monthly reports to DOH Community September report due outcomes using DOH-provided reporting template. As a Consultant. Describe in your updates within October 15,2025 foundation of your MCHBG work determine how each activity of the monthly report how you November 15,2025 processes and programs can close gaps in health are intentionally focused on closing gaps in December 15,2025 outcomes.health outcomes. January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 Exhibit A,Statement of Work Page 2 of 5 Contract Number CLH32053-Amendment 12 Page 9 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 2d Develop 2026-27 MCHBG Monthly Reporting Submit MCHBG reporting document to DOH Draft—August 14,2026 Template for October 1,2026 through September 30, Community Consultant. Final—September 11,2026 2027 using DOH-provided template. Children and Youth with Special Health Care Needs(CYSHCN) 3a Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program January 15,2025 Reimbursement for actual supplied by DOH, on all infants and children served by guidance. April 15,2025 costs,not to exceed total the CYSHCN Program as referenced in CYSHCN July 15,2025 funding consideration. Program guidance. If no CYSHCN care coordination Monthly Reports must only enabling service)is provided in a given quarter,email reflect activities paid for the CHIF administrator at DOH-CHIP a,doh.wa.gov and with funds provided in this indicate that zero clients were served during the quarter. statement of work for the No spreadsheet is necessary when zero clients are specified funding period. served. 3b Identify unmet needs for CYSHCN on Medicaid and Submit completed Health Services 30 days after forms are See Program Specific refer to DOH CYSHCN Program for approval to access Authorization forms and Central Treatment completed. Requirements and Special Diagnostic and Treatment funds as needed. Fund requests directly to the CYSHCN Through September 30, Billing Requirements. Program as needed. 2025 3c Review your program's entry on ParentHelpl23.org Document in the Administrative box on your September 30,2025 annually for accuracy. MCHBG report that you have updated information on your local CYSHCN program with WithinReach/Help Me Grow. 3d Support improvements to the local system of care Submit updates as part of monthly reporting January 15,2025 public health services and systems/policy,systems,and document. February 15,2025 environment) for CYSHCN. Refer to the Focus of Work March 15,2025 document for example activities and priority areas. April 15,2025 May 15,2025 June 15,2025 July 15,2025 August 15,2025 September 15,2025 3e Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program October 15,2025 supplied by DOH,on all infants and children served by guidance. January 15,2026 the CYSHCN Program as referenced in CYSHCN April 15,2026 Program guidance. If no CYSHCN care coordination July 15,2026 enabling service)is provided in a given quarter,email the CHIF administrator at DOH-CHIF(a,doh.wa.gov and indicate that zero clients were served during the quarter. No spreadsheet is necessary when zero clients are served. 3f Review your program's entry on Help Me Grow's Document in the Administrative box on your September 30,2026 ParentHelp 123 Resource Finder annually for accuracy. MCHBG report that you have updated Exhibit A,Statement of Work Page 3 of 5 Contract Number CLH32053-Amendment 12 Page 10 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount information on your local CYSHCN program with WithinReach/Help Me Grow. 3g Support improvements to the local system of care Submit updates as part of monthly reporting September report due public health services and systems/policy, systems,and document. October 15,2025 environment)for CYSHCN. Refer to the Focus of Work November 15,2025 document for example activities and priority areas. December 15,2025 January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 MCHBG Assessment and Evaluation 4a As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2025 Reimbursement for actual Assessment,participate in activities developed and costs,not to exceed total coordinated by DOH using DOH-provided reporting funding consideration. template. Monthly Reports must only 4b Provide summary of outcomes of MCHBG-funded work Submit documentation as requested by DOH. November 21,2025 reflect activities paid for completed from October 1,2024 through September 30, with funds provided in this 2025 using DOH-provided reporting template. statement of work for the 4c As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2026 specified funding period. Assessment,participate in activities developed and coordinated by DOH using DOH-provided reporting See Program Specific template. Requirements and Special Billing Requirements. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Exhibit A, Statement of Work Page 4 of 5 Contract Number CLH32053-Amendment 12 Page 11 of 21 Program Specific Requirements Special Requirements: All training costs and all travel expenses for such training(for example: per diem,hotel,registration fees)must be pre-approved, unless identified in pre-approved Budget Workbook. Submit a paragraph to your Community Consultant explaining why the training is necessary to implement a strategy in the approved work plan. Details should also include total cost of the training and a link to or brochure of the training. Retain a copy of the Community Consultant's approval in your records. Program Manual,Handbook,Policy References: CYSHCN Information and Resources: Children and Youth with Special Health Care Needs Website(wa.gov) Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): 1. At least 30%of federal Title V funds must be used for preventive and primary care services for children and at least 30%must be used for services for children with special health care needs. [Social Security Law, Sec. 505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high-risk pregnant women and infants,and other patient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of major medical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. Payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds, such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low-income mothers or children;and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law, Sec. 505 (1)(D)]. Monitoring Visits(i.e.,frequency,type,etc.): Check-ins with DOH Community Consultant as needed. Billing Requirements: Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable A 19-1 A invoice voucher. Payment to completely expend the"Total Consideration"for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted monthly by the 30th of each month following the month in which the expenditures were incurred and must be based on actual allowable program costs. Billing for services on a monthly fraction of the"Total Consideration" will not be accepted or approved. Special Instructions: Contact DOH Community Consultant for approval of expenses not reflected in pre-approved Budget Workbook. Exhibit A,Statement of Work Page 5 of 5 Contract Number CLH32053-Amendment 12 Page 12 of 21 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Office of Drinking Water Group A Program - Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance Type of Payment Federal Contractor (check if applicable) Reimbursement Period of Performance: January 1,2025 through December 31,2027 State FFATA(Transparency Act) ® Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems Revision Purpose: Correct total allocation column to reflect cumulative funding amount for SS and TA 2025 and 2026. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation SANITARY SURVEY FEES SS-STATE 24112522 N/A 346.26.65 01/01/25 12/31/27 2,250 1,800 4,050 YR 27 SRF-LOCAL ASST(15%)SS 24119227 N/A 346.26.64 01/ 01/25 12/31/25 0 0 0 YR 27 SRF-LOCAL ASST(15%)TA 24119227 N/A 346.26.66 01/ 01/25 12/31/25 0 0 0 YR 28 SRF-LOCAL ASST(15%)SS 24119228 N/A 346.26.64 01/01/25 12/31/27 200 0 200 YR1 STIMULUS-LOCAL ASST(10(Yo OF 15%)SS 24144240 N/A 346.26.64 01/01/25 12/31/27 2,050 1,800 3,850 YR 28 SRF-LOCAL ASST(15%)TA 24119228 N/A 346.26.66 01/01/25 12/ 31/27 0 0 0 YR1 STIMULUS-LOCAL ASST(10%OF 15%)TA 24144240 N/A 346.26.66 01/01/25 12/31/27 1,000 1,000 2,000 0 0 0 0 0 0 TOTALS 5,500 4,600 10,100 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1 Trained LHJ staff will conduct sanitary surveys of Provide Final* Sanitary Survey Reports Final Sanitary Survey Upon ODW acceptance of the Final small community and non-community Group A to ODW Regional Office. Complete Reports must be Sanitary Survey Report,the LHJ shall be water systems identified by the DOH Office of Sanitary Survey Reports shall include: received by the ODW paid$1,000 for each sanitary survey of a Drinking Water(ODW)Regional Office. 1. Cover letter identifying significant Regional Office within Transient Non-Community(TNC)system. deficiencies, significant findings, 30 calendar days of See Special Instructions for task activity. observations,recommendations,and conducting the sanitary Upon ODW acceptance of the Final referrals for further ODW follow- survey. Sanitary Survey Report,the LHJ shall be The purpose of this statement of work is to provide up. paid$1,500 for each sanitary survey of a funding to the LHJ for conducting sanitary surveys 2. Completed Small Water System non-Transient Non-Community(NTNC) and providing technical assistance to small checklist. Exhibit A,Statement of Work Page 1 of 4 Contract Number CLH32053-Amendment 12 Page 13 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount community and non-community Group A water 3. Updated Water Facilities Inventory and Community systems with 499 and less systems. WFI). connections. 4. Photos of water system with text identifying features Payment is inclusive of all associated costs 5. Any other supporting documents. such as travel,lodging,per diem. Final Reports reviewed and accepted by Payment is authorized upon receipt and the ODW Regional Office. acceptance of the Final Sanitary Survey Report within the 30-day deadline. Late or incomplete reports may not be accepted for payment. 2 Trained LHJ staff will conduct Special Purpose Provide completed SPI Report and any Completed SPI Reports Upon acceptance of the completed SPI Investigations(SPI)of small community and non- supporting documents and photos to must be received by the Report,the LHJ shall be paid$750 for each community Group A water systems identified by ODW Regional Office.ODW Regional Office SPI on Transient Non-Community(TNC) the ODW Regional Office. within 2 working days system. of the service request. See Special Instructions for task activity. Payment is inclusive of all associated costs such as travel,lodging,per diem. Payment is authorized upon receipt and acceptance of completed SPI Report within the 2-working day deadline. Late or incomplete reports may not be accepted for payment. 3 Trained LHJ staff will provide direct technical Provide completed TA Report and any Completed TA Report Upon acceptance of the completed TA assistance(TA)to small community and non- supporting documents and photos to must be received by the Report,the LW shall be paid$250 per hour community Group A water systems identified by ODW Regional Office.ODW Regional Office for each technical assistance activity. the ODW Regional Office. within 30 calendar days of providing Payment is authorized upon receipt and See Special Instructions for task activity. technical assistance. acceptance of completed TA Report within the 30-day deadline. Late or incomplete reports may not be accepted for payment. 4 LHJ staff performing the activities under tasks 1,2 For training attended in person,prior to Annually For training attended in person, LHJ shall and 3 attend periodic required survey training as attending the training,submit an be paid mileage,per diem, lodging,and directed by DOH. Authorization for Travel(Non- registration costs as approved on the pre- Employee)"DOH Form 710-013 to the authorization form in accordance with the See Special Instructions for task activity. ODW Program Contact for approval(to current rates listed on the OFM Website ensure enough funds are available). http://www.ofm.wa.gov/resources/travel.asp Exhibit A, Statement of Work Page 2 of 4 Contract Number CLH32053-Amendment 12 Page 14 of 21 DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to financena,doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Data Sharing The Office of Drinking Water will share water system information and files with the local health jurisdiction to support the work identified in this statement of work. To request water system data please contact the regional office with the name of the water system, water system ID#,specific information being requested and any timeline requirements. If allowable,please give administrative staff 3 to 5 business days to provide records. Program Manual,Handbook, Policy References: Field Guide(DOH Publication 331-486). Special References: Chapter 246- 290 WAC is the set of rules that regulate Group A water systems. By this statement of work,ODW contracts with the LHJ to conduct sanitary surveys(and SPIs and provide technical assistance)for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys(and SPIs and provide technical assistance) for small community and non-community water systems with surface water sources, large water systems,and systems with complex treatment. LHJ staff assigned to perform activities under tasks I,2,and 3 must be trained and approved by ODW prior to performing work. See special instructions under Task 4,below. Special Billing Requirements The LHJ shall submit monthly invoices within 30 days following the end of the month in which work was completed,noting on the invoice the month and year being billed for. Payment cannot exceed a maximum accumulative fee of$4,500$8,100 for Task 1,and S-11000$2,000 for Task 2,Task 3 and Task 4 combined during the contracting period,to be paid at the rates specified in the Payment Method/Amount section above. When invoicing for sanitary surveys,bill half to BARS Revenue Code 346.26.64 and half to BARS Revenue Code 346.26.65. When invoicing for Task 1, submit the list of WS Name, ID#,Amount Billed,Survey Date and Letter Date for which you are requesting payment. When invoicing for Task 2-3,submit the list of WS Name, ID#,TA Date and description of TA work performed,and Amount Billed. When invoicing for Task 4, submit receipts and the signed pre-authorization form for non-employee travel to the ODW Program Contact below and a signed A19-lA Invoice Voucher to DOH Grants Management,billing to BARS Revenue Code 346.26.66 under Technical Assistance(TA). Special Instructions Task 1 Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW. Detailed guidance is provided in the Field Guide for Sanitary Surveys, Special Purpose Investigations and Technical Assistance (Field Guide).The sanitary survey will include an evaluation of the following eight elements: source;treatment;distribution system;finished water storage;pumps,pump facilities and controls;monitoring,reporting and data verification;system management and operation;and certified operator compliance. If a system is more complex than anticipated or other significant issues arise,the LHJ may request ODW assistance. Exhibit A,Statement of Work Page 3 of 4 Contract Number CLH32053-Amendment 12 Page 15 of 21 No more than 3 surveys of non-community systems with three or fewer connections be completed between January 1,2025,and December 31,2025. No more than 3 surveys of non-community systems with four or more connections and all community systems to be completed between January 1, 2025,and December 31,2025. No more than 3 surveys of Transient Non-Community(TNC)systems to be completed between January 1,2026,and December 31,2026. No more than 1 surveys of Non-Transient Non-Community(NTNC)and Community systems with 499 and less connections to be completed between January 1, 2026,and December 31,2026. The process for assignment of surveys to the LHJ,notification of the water system,and ODW follow-up with unresponsive water systems;and other roles and responsibilities of the LHJ are described in the Field Guide. Task 2 Trained LHJ staff will perform Special Purpose Investigations(SPIs)as assigned by ODW. SPIs are inspections to determine the cause of positive coliform samples or the cause of other emergency conditions. SPIs may also include sanitary surveys of newly discovered Group A water systems. Additional detail about conducting SPIs is described in the Field Guide. The ODW Regional Office must authorize in advance any SPI conducted by LHJ staff. Task 3 Trained LHJ staff will conduct Technical Assistance as assigned by ODW.Technical Assistance includes assisting water system personnel in completing work or verifying work has been addressed as required,requested, or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide. The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system. Task 4 LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work. If required trainings,workshops or meetings are not available,not scheduled,or if the LHJ staff person is unable to attend these activities prior to conducting assigned tasks,the LHJ staff person may,with ODW approval, substitute other training activities to be determined by ODW. Such substitute activities may include one-on-one training with ODW staff,co-surveys with ODW staff,or other activities as arranged and pre-approved by ODW. LHJ staff may not perform the activities under tasks 1,2,and 3 without completing the training that has been arranged and approved by ODW. Exhibit A, Statement of Work Page 4 of 4 Contract Number CLH32053-Amendment 12 Page 16 of 21 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: WIC Nutrition Program -Effective January 1,2025 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 6 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through December 31,2027 El State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: To provide Women,Infants,and Children(WIC)Nutrition Program services by following WIC federal regulations,WIC state office policies and procedures,WIC directives,and other rules. Refer to the Program Specific Requirements section of this document. Revision Purpose: To add funds to FFY26 WIC CLIENT SVS CONTRACTS USDA. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 USDA WIC CLIENT SVS CONTRACTS 76101251 10.557 333.10.55 01/01/25 09/30/25 144,669 0 144,669 FFY24 BRSTFDG PEER CN PR MGMT USDA 7621424A 10.557 333.10.55 01/01/25 09/30/26 4,067 0 4,067 FFY25 BRSTFDG PEER CN PR MGMT USDA 76214250 10.557 333.10.55 01/01/25 09/30/27 23,449 0 23,449 FFY25 FARM MKT NTR PROG MGMT USDA 76540251 _ 10.572 333.10.57 01/01/25 09/30/25 637 0 637 FFY26 WIC CLIENT SVS CONTRACTS USDA 76101261 10.557 333.10.55 10/01/25 09/30/ 26 25,400 25,400 50,800 0 0 0 TOTALS 198,222 25,400 223,622 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount See"Billing1WICNutritionProgram Requirements" below. 1.1 Maintain authorized participating caseload at 100%based on Outcomes based on monthly participation Authorized participating quarterly average as determined from monthly caseload data from state WIC caseload caseload for March 2025 management reports generated at state WIC office. management reports. through September 2026= The Department of Health(Department) State WIC Nutrition 280 Program has the option of reducing authorized participating caseload and corresponding funding when:Authorized participating 1. Unanticipated funding situations occur. caseload for March 2025 2. Reallocations are necessary to redistribute caseload through September 2026= statewide. 300 3. Caseload declines. Exhibit A, Statement of Work Page 1 of 6 Contract Number CLH32053-Amendment 12 Page 17 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1.2 Submit the annual Nutrition Services Plan for each year of the Nutrition Services Plan First year due 9/30/ 25 Payment withheld if not contract. Second year due 9/30/ 26 received by due date. Third year due 9/30/27 1.3 Submit the annual Nutrition Services Expenditure Report for Nutrition Services Expenditure Report 11/30/25 Payment withheld if not each year of the contract. 11/30/26 received by due date. 11/30/27 1.4 Tell participants about other health services in the agency. If Documentation must be available for Biennial WIC Monitor needed,develop written agreements with other health care review by WIC monitor staff. agencies and refer participants to these services. 1.5 Provide nutrition education services to participants and Documentation must be available for Biennial WIC Monitor caregivers in accordance with federal and state requirements. review by WIC monitor staff. 1.6 Issue WIC benefits while assuring adequate WIC card security Documentation must be available for Biennial WIC Monitor and reconciliation.review by WIC monitor staff. 1.7 Collect data,maintain records,and submit reports to effectively Documentation must be available for Biennial WIC Monitor enforce the non-discrimination laws(Refer to Civil Rights review by WIC monitor staff. Assurances below). 1.8a Submit entire WIC and Breastfeeding Peer Counseling Budget Budget Workbook First year due 9/30/25 Workbook for each year of the contract Second year due 9/30/26 Third year due 9/30/27 1.8b Submit Rev-Exp Report spreadsheet from the WIC Budget Revenue and Expense Report and A-I9 First year due monthly Workbook monthly with A-19 through September 30,2025 Second year due monthly through September 30,2026 Third year due monthly through September 30,2027 See"Billing2BreastfeedingPromotion Requirements" below. 2.1 Provide breastfeeding promotion activities in accordance with Status report of chosen activities in First year due 11/30/25 federal and state requirements. Nutrition Services Plan.Second year due 11/30/26 Third year due 11/30/27 Documentation must be available for review by WIC monitor staff. Biennial WIC Monitor 2.2 Work with community partners to improve practices that affect Status report of chosen activities in First year due 8/30/25 breastfeeding. Choose one or more of the following projects: Nutrition Services Plan.Second year due 8/30/26 Provide staff,health care providers and community partners Third year due 8/30/27 virtual breastfeeding training resources. Documentation must be available for Work with employers who likely employ low-income review by WIC monitor staff. Biennial WIC Monitor people to create worksite environments that support breastfeeding. Exhibit A,Statement of Work Page 2 of 6 Contract Number CLH32053-Amendment 12 Page 18 of 21 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Work with birthing hospitals to improve maternity care practices that affect WIC participant breastfeeding rates. Provide participants access to lactation consultants. Other projects will need pre-approval from the State WIC Office See"Billing3BreastfeedingPeerCounselingProgram(BFPC) Requirements" below. 3.1 Provide Breastfeeding Peer Counseling Program activities in Breastfeeding Peer Counseling Annual - First year due 12/31/25 accordance with federal and state requirements. The WIC Report and expenditures from the Second year due 12/31/26 Breastfeeding Peer Counseling Program is meant to enhance, previous federal fiscal year. Third year due 12/ 31/27 not replace, WIC Breastfeeding promotion and support activities. Documentation must be available for Biennial WIC Monitor review by WIC monitor staff 3.2 Track Breastfeeding Peer Counseling Program expenditures and Documentation must be available for Biennial WIC Monitor bill separately from the WIC grant. review by WIC monitor staff. See"Billing4FarmersMarketNutritionProgram(FMNP) Requirements" below. 4.1 Issue FMNP benefits to eligible WIC participants by September Document in a Family Alert that FMNP - Biennial WIC Monitor 30 of the current year. benefits were issued. Set the end date to Participants have until October 31 of the current year to use October 31 of the current year for the FMNP benefits at authorized farmers markets and farm stores. alert to dismiss at the end of the season. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to financedoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Program Manual,Handbook,Policy References: The local agency shall be responsible for providing services according to rules,regulations and other information contained in the following: WIC Federal Regulations, USDA,and FNS 7CFR Part 246. Washington State WIC Nutrition Program Policy and Procedure Manual Exhibit A, Statement of Work Page 3 of 6 Contract Number CLH32053-Amendment 12 Page 19 of 21 Office of Management and Budget, Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR 200 Farmers Market Nutrition Program Federal Regulations, USDA, FNS 7CFR Part 248 Other directives issued during the term of the contract Staffing Requirements: The local agency shall: Use Competent Professional Authority staff,as defined by WIC policy,to determine participant eligibility,prescribe an appropriate food package and offer nutrition education based on the participants' needs. Use a Registered Dietitian(RD)or other qualified nutritionist to provide nutrition services to high-risk participants,to include development of a high-risk care plan. The RD is also responsible for quality assurance of WIC nutrition services. See WIC Policy for qualifications for a Registered Dietitian and other qualified nutritionist. Assign a qualified person to be the Breastfeeding Coordinator to organize and direct local agency efforts to meet federal and state policies regarding breastfeeding promotion and support. The Breastfeeding Coordinator must be an International Board-Certified Lactation Consultant or attend an intensive lactation management course,or other state approved training. Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): The local agency shall follow the instructions found in the Policy and Procedure Manual under WIC Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards. Special References(i.e.,RCWs,WACs,etc.): What is the WIC program? 1. The WIC program in the state of Washington is administered by the Department of Health. 2. The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966. The purpose of the program is to provide nutrition and health assessment;nutrition education;nutritious food;breastfeeding counseling; and referral services to pregnant,breastfeeding,and postpartum women, infants,and young children in specific risk categories. 3. Federal regulations governing the WIC program(7 CFR Part 246)require implementation of standards and procedures to guide the state's administration of the WIC program. These regulations define the rights,responsibilities,and legal procedures of WIC employees,participants,persons acting on behalf of a participant,and retailers.They are designed to promote: a. High quality nutrition services; b. Consistent application of policies and procedures for eligibility determination; c. Consistent application of policies and procedures for food benefit issuance and delivery;and d. WIC program compliance. 4. The WIC program implements policies and procedures stated in program manuals,handbooks,contracts, forms,and other program documents approved by the USDA Food and Nutrition Service. 5. The WIC program may impose sanctions against WIC participants for not following WIC program rules stated on the WIC rights and responsibilities. 6. The WIC program may impose monetary penalties against persons who misuse WIC benefits or WIC food but who are not WIC participants. Monitoring Visits(i.e.,frequency,type,etc.): Program and fiscal monitoring are done on a biennial (every two years)basis and are conducted onsite. The local agency must maintain on file and have available for review,audit and evaluation: All criteria used for certification, including information on income,nutrition risk eligibility and referrals Program requirements Nutrition education All financial records Exhibit A,Statement of Work Page 4 of 6 Contract Number CLH32053-Amendment 12 Page 20 of 21 Assurances/Certifications: 1. Computer Equipment Loaned by the Department of Health WIC Nutrition Program In order to perform WIC program activities,the Department requires computer equipment,such as computers,signature pads,document scanners,card readers and printers to be in local WIC clinics or to be transported to mobile clinics. This equipment("Loaned Equipment")is owned by the Department and loaned to the local agency(Contractor). The Loaned Equipment is supported by the Department. This equipment shall be used for WIC business only or according to WIC Policy and Procedures. An inventory of Loaned Equipment is kept by the Department. Each time Loaned Equipment is changed,the parties shall complete the Equipment Transfer Form and the Department updates the inventory. A copy of the Transfer Form will be provided to the contractor. Copies of the updated inventory list may be requested at any time. The local agency agrees to: a. Defend,protect and hold harmless the Department or any of its employees from any claims, suits or actions arising from the use of this Loaned Equipment. b. Assume responsibility for any loss or damage from abnormal wear or use,or from inappropriate storage or transportation. The Department may enforce this by: 1) Requiring reimbursement from the local agency of the value of the Loaned Equipment at the time of the loss or damage. 2) Requiring the local agency to replace the Loaned Equipment with equipment of the same type,manufacturer,and capabilities(as pre-approved by the Department),or 3) Assertion of a lien against the Contractor's property. c. Notify the Department immediately of any damage to Loaned Equipment. d. Notify the Department prior to moving or replacing any Loaned Equipment. The Department recommends Contractors carry insurance against possible loss or theft. 2. Civil Rights Assurance a. The local agency shall perform all services and duties necessary to comply with federal law in accordance with the following Civil Rights Assurance. b. "The Program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.),Title IX of the Education Amendments of 1972(20 U.S.C. 1681 et seq.),Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794),Age Discrimination Act of 1975(42 U.S.C.6101 et seq.);all provisions required by the implementing regulations of the Department of Agriculture;Department of Justice Enforcement Guidelines,28 CFR 50.3 and 42;and FNS directives and guidelines,to the effect that,no person shall,on the ground of race,color,national origin, sex,age or handicap,be excluded from participation in,be denied benefits of,or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from FNS;and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. c. "By accepting this assurance,the Program applicant agrees to compile data,maintain records and submit reports as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel during normal working hours to review such records,books and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance,the Department of Agriculture, Food and Nutrition Service,shall have the right to seek judicial enforcement of this assurance.This assurance is binding on the Program applicant,its successors,transferees,and assignees,as long as it receives assistance or retains possession of any assistance from the Department. The person or persons whose signatures appear on the contract are authorized to sign this assurance on behalf of the Program applicant." 3. 2CFR 200 The local agency shall comply with all the fiscal and operations requirements prescribed by the state agency as directed by Federal WIC Regulations(7CFR part 246.6),2CFR part 200,the debarment and suspension requirements of 2CFR part 200.213,if applicable,the lobbying restrictions of 2CFR part 200.245,and FNS guidelines and instructions and shall provide on a timely basis to the state agency all required information regarding fiscal and program information. Billing Requirements: 1. Definitions Contract Period: January 1,2025—December 31,2027 Contract Budget Periods:The time periods for which the funding is budgeted. There are four federal budget periods January 1,2025,through September 30,2025 Exhibit A, Statement of Work Page 5 of 6 Contract Number CLH32053-Amendment 12 Page 21 of 21 October 1,2025,through September 30,2026 October 1,2026,through September 30,2027 October 1,2027,through December 31,2027 2. Billing Information: a. Billings are submitted on an A19-1A invoice. These invoices are provided by the Department in the WIC Budget Workbook and include accounting codes for different budget categories. b. A l 9s are submitted monthly and must be received by the Department within 30 days following the close of each calendar month. Additional A 19s may be submitted at any time but must be received within 45 days of the close of the federal budget period. c. Funds are allocated by budget categories and by federal budget periods(refer to the budget spreadsheet). d. Funds are encumbered or spent only during the budget period;no carry forward from previous time periods or borrowing from future time periods is allowed. e. Payments are limited to the amounts allocated for the budget period for each budget category. f. Billings are based on actual costs for completed activities. Advance payments are not allowed. Back-up documentation must be retained by the local agency and available for inspection by the Department or other appropriate authorities. g. Payments will be made only for WIC approved expenditures. Refer to the Washington State WIC Nutrition Program Policy and Procedure Manual Volume 2,Chapter 4— Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. h. If billing for indirect costs,a Cost Allocation Plan or Federal Indirect Cost Agreement must be submitted prior to payment. Special Instructions: The local agency shall: 1. Maintain complete,accurate,and current accounting of all local,state,and federal program funds received and expended. 2. Provide,as necessary,a single audit in accordance with the provisions of 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. This circular requires all recipients and sub-recipients of federal funds to have a single audit performed should they spend$750,000 or more of federal grants or awards from all sources. Contractors spending less than$750, 000 in federal grants or awards may also be subject to audit. 3. Use Breastfeeding Peer Counseling(BFPC)Program funds only to support the peer counseling program. Once the program is established and peer counselors are trained,the majority of the salary costs must be paid to peer counselors to provide direct services to WIC participants. For a list of allowable costs see Volume 2,Chapter 4—Allowable Costs. The priority use of BFPC funds is to hire and train peer counselors to provide breastfeeding peer counseling services to WIC participants. SPECIAL REQUIREMENTS Contract Budget Period Time Period special requirement Amount Special Requirement Description funds are available January 1,2025—September 30,January 2025—September 2025 $2,500 For general training funds. This funding is for all WIC staff to participate in 2025 WIC-related training.Added in the USDA WIC Client Services Contracts category to cover training registrations,travel expenses, staff time to participate in training(salary/benefits for part time or contractor),and other approved training expenses. Other: Any program requirements that are not followed may be subject to corrective action and may result in monetary fines or repayment of funds. Exhibit A,Statement of Work Page 6 of 6 Contract Number CLH32053-Amendment 12 Page 1 of 19 JEFFERSON COUNTY PUBLIC HEALTH 2025-2027 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH32053 AMENDMENT NUMBER: 11 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as DOH",and JEFFERSON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LHJ", pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: I. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL: Nip, ...1...uv,,iv..., .11.0,..poilii ,:onl .Ito,doh (,1,1\tildirwr,Nource,.. Acnaticylionit:,isp...... L I 9.191(,88d.12#19431t:J80.011,c1U-Ii17c 0 Adds Statements of Work for the following programs: J Amends Statements of Work for the following programs: Maternal & Child Health Block Grant—Effective January 1, 2025 Office of Drinking Water Group A Program - Effective January 1, 2025 WIC Nutrition Program- Effective January I,2025 0 Deletes Statements of Work for the following programs: 2. Exhibit B-11 Allocations, attached and incorporated by this reference,amends and replaces Exhibit 8-I 0 Allocations as follows: El Increase of$18,454 for a revised maximum consideration of$6.138.938. Li Decrease of for a revised maximum consideration of El No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C Federal Grant Awards Index, incorporated by this reference, and located in the ConCon, Funding&BARS library at the URL provided above. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. JEFFERSON COUNTY WASHINGTON STATE OF WASHINGTON BOARD OF QOUNTY i ISSIONERS DEPARTMENT OF HEALTH Sarjoregtherton,Chair 1. /2,to '<jilitact4A.o 01/14/2026 ate Date APPRONTD AS T 'i FORM ONLY L7 APPROVED AS TO FORM ONLY Assistant Attorney General January 7, 2026 Phillip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attornery Page I of I CC-25-091-Al 1 EXHIBIT B-I1 geJeffersonCountyPublicHealthALLOCATIONSContractNumberr: 2 of 19 CLEI32053 Contract Term:2025- 2027 Date: December 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue 1.HJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 11 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 1,994 23,449 27,516 FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 9 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 722) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 8 10.557 333.10.55 01/01/25 09/30/27 10/01/24 09/30/27 6,061) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 4,8 10.557 333.10.55 01/01/25 09/ 30/27 10/ 01/24 09/30/27 28,238 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA I Amd 11 10.557 333.10.55 01/01/25 09/30/26 10/ 01/23 09/30/26 1,994) 4,067 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 8 10.557 333.10.55 01/01/25 09/30/26 10/01/23 09/30/ 26 6,061 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 4 10.557 333.10.55 01/01/25 09/30/26 10/01/23 09/30/ 26 ($28,238) 0 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 2 10.557 333.10.55 01/01/25 09/30/ 26 10/01/23 09/ 30/26 28,238 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 8 10.557 333.10.55 01/01/25 09/30/25 10/01/24 09/30/25 3,448) $144,669 144,669 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 4 10.557 333.10.55 01/01/25 09/30/25 10/01/24 09/30/25 3,975 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 2 10.557 333.10.55 01/01/25 09/30/25 10/01/24 09/30/25 $144, 142 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 11 10.557 333.10.55 10/01/25 09/ 30/26 10/01/25 09/30/26 10,837 25,400 25,400 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 9 10.557 333.10.55 10/01/25 09/30/26 10/01/25 09/30/26 14,563 FFY25 Farm Mkt Ntr Prog Mgmt USDA 7WA810WA7 Amd 4 10.572 333.10.57 01/01/25 09/30/25 10/01/24 09/30/25 637 637 637 FFY25 SWIMMING BEACH ACT IAR(ECY)01J74301 Amd 2 66.472 333.66.47 03/01/25 10/31/25 01/01/25 11/30/25 13,500 13,500 13,500 FFY25 PHEP BP2-CDC-LHJ Partners NU9OTU000055 Amd 9 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/26 14,857 34,384 48,138 FFY25 PHEP BP2-CDC-LHJ Partners NU9OTU000055 Amd 7 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/ 26 19,527 FFY24 PHEP BPI-CDC-LHJ Partners NU9OTU000055 Amd 1 93.069 333.93.06 01/01/25 06/30/25 07/01/24 06/30/25 13,754 13,754 FFY25 OD2A OID CDC Prevent NU17CE010218 Amd 10 93.136 333.93.13 09/01/25 06/30/26 09/01/25 08/31/26 98,000 98,000 217,677 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 10 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 21,788 38,121 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 6 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 16,333 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 2 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 32,556 81,556 FFY24 OD2A OID CDC Prevent NUI7CE010218 Amd 1 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 49,000 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 9 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 21,049 38,072 55,038 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 5 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 17,023 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 3 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25 8,345 16,966 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 21 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25 8,621 FFY24 CDC PPHF Ops NH23IP922619 Amd 1 93.268 333.93. 26 01/01/25 06/30/25 07/01/23 06/30/25 10,000 10,000 10,000 FFY20 ELC EDE-LHJs CDC NU50CK000515 Amd I,7 93.323 333.93. 32 01/01/25 12/31/25 01/15/ 21 07/31/26 15,580 15,580 15,580 FFY19 ELC ED Immunizations CDC NU50CK000515 Amd 9 93.323 333.93.32 07/01/25 06/ 30/ 26 07/01/25 07/30/26 10,000 10,000 10,000 FFY21 CDC COVID-19 PHWFD-LHJ NU901P922181 Amd 3 93.354 333.93. 35 01/01/25 06/30/25 07/01/23 06/30/25- $51,330 51,330 51,330 Page 1 of 3 EXHIBIT B-11 Page 3 of 19 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025- 2027 Date: December 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total PH Infrastructure Comp Al-LHJ NE110E000053 Amd 9 93.967 333.93.96 01/01/25 11/30/27 12/ 01/22 11/30/27 $200,000 350,300 350,300 PH Infrastructure Comp Al-LHJ NE11OE000053 Amd 3 93.967 333.93.96 01/01/25 11/30/ 27 12/01/22 11/30/27 $150,300 FFY25 HRSA MCHBG LHJ Contracts B04MC54583 Amd I 93.994 333.93. 99 01/01/25 09/ 30/25 10/01/24 09/ 30/25 27,525 27,525 27,525 FFY25 MCHBG Special Pr HRSA 2 B04MC54583 Amd 9 93.994 333.93. 99 10/ 01/25 09/30/26 10/01/25 09/30/26 3,376 3,376 3,376 FFY26 MCHBG LHJ Contracts HRSA YR1 B04MC55473 Amd 11 93.994 333.93.99 111/01/25 09/30/26 10/01/25 09/30/26 6,717 6,717 6,717 FFY26 MCHBG LHJ Contracts HRSA YR1 NGA Not Received Amd 9 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 ($36,700) 0 FFY26 MCHBG LHJ Contracts HRSA YR1 NGA Not Received Amd 7 93.994 333.93.99 10/0I/25 09/30/26 10/01/25 09/30/26 36,700 SFY25 SBHC Proviso Amd 1 N/A 334.04.90 01/01/25 06/30/25 07/01/24 06/30/25 59,000 59,000 59,000 SFY26 Sch Based Hlth Cent 1225 Proviso Amd 7 N/A 334.04.90 07/01/25 06/30/26 07/01/25 06/ 30/ 26 $140,000 140,000 140,000 SFY25 DUH Naloxone DDO HCA IAR Amd 4 N/A 334.04.91 03/01/25 06/30/25 12/10/24 06/30/25 15,000 15,000 15,000 SFY26 Drug User Health Program Amd 6 N/A 334.04.91 07/01/25 06/30/ 26 07/01/25 06/30/26 80,500 80,500 120,750 SFY25 Drug User Health Program Amd 1 N/A 334.04.91 01/01/25 06/ 30/25 07/01/24 06/30/25 40,250 40,250 SFY26 Sexual&Rep Hlth Cost Share Amd 9 N/A 334.04.91 01/01/26 06/ 30/ 26 07/01/25 06/30/26 41,664 41,664 137,061 SFY26 Sexual&Rep Hlth Cost Share Amd 7 N/A 334.04.91 07/01/25 12/31/25 07/01/25 06/30/ 26 47,404 47,404 SFY25 Sexual&Rep Hlth Cost Share Amd 1 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 47,993 47,993 SFY25 SSPS Opiod Harm Red Proviso Amd 2 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 8,000 8,000 8,000 SFY25 LHJ Opioid Campaign Proviso Amd 3 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/30/25 24,500 56,000 56,000 SFY25 LHJ Opioid Campaign Proviso Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/30/25 31,500 Rec Shellfish/Biotoxin Amd 6 N/A 334.04.93 07/01/25 06/ 30/26 07/01/25 06/30/26 7,500 7,500 11,200 Rec Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 3,700 3,700 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/25 06/30/27 6,571 6,571 68,200 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/25 06/30/26 07/01/25 06/30/27 36,611 36,611 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 8,763)25,018 Small Onsite Management(ALEA) Amd 4 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 1,363 Small Onsite Management(ALEA) Amd 3 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 32,418 SFY27 Wastewater Management-GFS Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/26 06/30/27 31,822 31,822 49,824 SFY25 Wastewater Management-GFS Amd 8 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/ 30/25 8,763 18,002 SFY25 Wastewater Management-GFS Amd 4 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/ 30/25 1,363) SFY25 Wastewater Management-GFS Amd 3 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/25 10,602 Page 2 of 3 EXHIBIT B-11 Page 4 of 19 Jefferson County Public Health ALLOCATIONS Contract Number: CL1132053 Contract Term:2025- 2027 Date: December 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total SFY26 FPHS-LHJ Funds-GFS Amd 9 N/A 336.04.25 07/01/25 06/30/ 26 07/01/25 06/ 30/ 26 ($75,000) $2,128,000 4,461,000 SFY26 FPHS-LHJ Funds-GFS Amd 7 N/A 336.04.25 07/01/25 06/ 30/26 07/01/25 06/30/26, $2,203,000 SFY25 FPHS-LHJ Funds-GFS Amd 1 N/A 336.04.25 01/ 01/25 06/ 30/25 07/01/24 06/30/25 $2,333,000 $2,333,000 YR1 Stimulus-Local Asst(10%of 15%)SS Amd 11 N/A 346.26.64 (I1/01/25 12/31/27 07/01/23 06/30/28 250 2,050 2,050 YR1 Stimulus-Local Asst(10%of 15%)SS Amd 6 N/A 346.26.64 01/01/25 12/31/27 07/01/23 06/ 30/28 1,800 YR 28 SRF-Local Asst(l5%)SS Amd 1I A 346.26.64 01/01/25 12/31/27 07/01/24 06/ 30/29 200 200 S200 YR 28 SRF-Local Asst(15%)SS Amd 6 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 2,200) YR 28 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 2,200 YR 27 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 06/30/25 07/01/23 06/30/25 2,200) 0 YR 27 SRF-Local Asst(15%)SS Amd 1 N/A 346.26.64 01/ 01/25 06/30/25 07/01/23 06/30/25 2,200 Sanitary Survey Fees SS-State Amd II N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/31/27 450 2,250 2,250 Sanitary Survey Fees SS-State Amd 6 N/A 346.26.65 01/ 01/25 12/31/27 07/01/23 12/31/27 400) Sanitary Survey Fees SS-State Amd 1,6 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/ 31/27 2,200 YR1 Stimulus-Local Asst(10%of 15%)TA Amd 6 N/A 346.26.66 01/01/25 12/31/27 07/01/23 06/ 30/28 1,000 1,000 1,000 YR 28 SRF-Local Asst(15%)TA Amd 6 N/A 346.26.66 01/01/25 12/31/27 07/01/24 06/ 30/ 29 1,000) SO 0 YR 28 SRF-Local Asst(15%)TA Amd 4 N/A 346.26.66 01/01/25 12/31/27 07/01/24 06/30/ 29 1,000 YR 27 SRF-Local Asst(15%)TA Amd 4 N/A 346.26.66 01/01/25 06/30/25 07/01/23 06/30/25 1,000) 0 YR 27 SRF-Local Asst(15%)TA Amd 1 N/A 346.26. 66 01/01/25 06/30/25 07/01/ 23 06/30/25 1,000 TOTAL 6,138,938 $6,138,938 Total consideration: 6,120,484 GRAND TOTAL 6,138,938 18,454 GRAND TOTAL 6,138,938 Total Fed 1,007,403 Total State 5,131,535 Assistance Listing Number fka Catalog of Federal Domestic Assistance Federal revenue codes begin with"333". State revenue codes begin with"334". Page 3 of 3 Page 5 of 19 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Maternal&Child Health Block Grant— Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 3 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through September 30,2026 State Z FFATA(Transparency Act) El Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: The purpose of this revision is to add FFY26 MCHBG LHJ CONTRACTS HRSA YR1 funding. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 HRSA MCHBG LHJ CONTRACTS 78101251 93.994 333.93.99 01/ 01/25 09/ 30/25 27,525 0 27,525 FFY26 MCHBG LHJ CONTRACTS HRSA YR1 78101261 93.994 333.93.99 10/01/25 09/30/26 0 6,717 6,717 FFY25 MCHBG SPECIAL PR HRSA 2 7810125A 93.994 333.93. 99 10/01/25 09/30/26 3,376 0 3,376 0 0 0 0 0 0 0 0 0 TOTALS 30,901 6,717 37,618 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Maternal and Child Health Block Grant(MCHBG)Administration I a Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 16,2025 Reimbursement for actual from October 1,2024 through March 31,2025. Budget Workbook to DOH Community costs,not to exceed total Consultant.funding consideration. lb Develop 2025-2026 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 5,2025 Monthly Reports must only October 1,2025 through September 30,2026 using Community Consultant. reflect activities paid for DOH-provided template. with funds provided in this I c Participate in DOH-sponsored annual MCHBG meeting. LHJ Contract Lead or designee will attend September 30,2025 statement of work for the meeting. specified funding period. Exhibit A, Statement of Work Page 1 of 5 Contract Number CLH32053-Amendment 11 Page 6 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1d Report actual expenditures for October 1,2024 through Submit actual expenditures using the MCHBG December 5,2025 September 30,2025. Budget Workbook to DOH Community See Program Specific Consultant.Requirements and Special I e Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 15,2026 Billing Requirements. from October 1,2025 through March 31,2026. Budget Workbook to DOH Community Consultant. I f Report annual FTE billed to MCHBG.Submit FTE information on DOH-provided July 1,2026 template. I g Develop 2026-2027 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 4,2026 October 1,2026 through September 30,2027 using Community Consultant. DOH-provided template. 1 h Participate in DOH-sponsored MCHBG fall regional LHJ Contract Lead or designee will attend September 30,2026 meeting. regional meeting. Implementation 2a Report 2024-25 MCHBG-funded activities and Submit monthly reports to DOH Community January 15,2025 Reimbursement for actual outcomes using DOH-provided reporting template. As a Consultant. Describe in your updates within February 15,2025 costs,not to exceed total foundation of your MCHBG work determine how each activity of the monthly report how you March 15,2025 funding consideration. processes and programs can close gaps in health are intentionally focused on closing gaps in April 15,2025 Monthly Reports must only outcomes.health outcomes. May 15,2025 reflect activities paid for June 15,2025 with funds provided in this July 15,2025 statement of work for the August 15,2025 specified funding period. September 15,2025 2b Develop 2025-26 MCHBG reporting document for Submit MCHBG reporting document to DOH Draft-August 15,2025 See Program Specific October 1,2025 through September 30,2026 using Community Consultant. Final-September 12,2025 Requirements and Special DOH-provided template. Billing Requirements. 2c Report 2025-26 MCHBG-funded activities and Submit monthly reports to DOH Community September report due outcomes using DOH-provided reporting template.As a Consultant.Describe in your updates within October 15,2025 foundation of your MCHBG work determine how each activity of the monthly report how you November 15,2025 processes and programs can close gaps in health are intentionally focused on closing gaps in December 15,2025 outcomes.health outcomes. January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 Exhibit A, Statement of Work Page 2 of 5 Contract Number CLH32053-Amendment I I Page 7 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 2d Develop 2026-27 MCHBG Monthly Reporting Submit MCHBG reporting document to DOH Draft—August 14,2026 Template for October 1,2026 through September 30, Community Consultant. Final—September 11,2026 2027 using DOH-provided template. Children and Youth with Special Health Care Needs(CYSHCN) 3a Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program January 15,2025 Reimbursement for actual supplied by DOH, on all infants and children served by guidance. April 15,2025 costs,not to exceed total the CYSHCN Program as referenced in CYSHCN July 15,2025 funding consideration. Program guidance.If no CYSHCN care coordination Monthly Reports must only enabling service)is provided in a given quarter,email reflect activities paid for the CHIF administrator at DOH-CHIFna doh.wa.gov and with funds provided in this indicate that zero clients were served during the quarter. statement of work for the No spreadsheet is necessary when zero clients are specified funding period. served. 3b Identify unmet needs for CYSHCN on Medicaid and Submit completed Health Services 30 days after forms are See Program Specific refer to DOH CYSHCN Program for approval to access Authorization forms and Central Treatment completed. Requirements and Special Diagnostic and Treatment funds as needed. Fund requests directly to the CYSHCN Through September 30, Billing Requirements. Program as needed. 2025 3c Review your program's entry on ParentHelp123.org Document in the Administrative box on your September 30, 2025 annually for accuracy. MCHBG report that you have updated information on your local CYSHCN program with WithinReach/Help Me Grow. 3d Support improvements to the local system of care Submit updates as part of monthly reporting January 15,2025 public health services and systems/policy,systems,and document. February 15,2025 environment)for CYSHCN.Refer to the Focus of Work March 15,2025 document for example activities and priority areas. April 15,2025 May 15,2025 June 15,2025 July 15,2025 August 15,2025 September 15,2025 3e Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program October 15,2025 supplied by DOH, on all infants and children served by guidance. January 15,2026 the CYSHCN Program as referenced in CYSHCN April 15,2026 Program guidance.If no CYSHCN care coordination July 15,2026 enabling service)is provided in a given quarter,email the CHIF administrator at DOH-CHIFadoh.wa.gov and indicate that zero clients were served during the quarter. No spreadsheet is necessary when zero clients are served. 3f Review your program's entry on Help Me Grow's Document in the Administrative box on your September 30,2026 ParentHelp123 Resource Finder annually for accuracy. MCHBG report that you have updated Exhibit A, Statement of Work Page 3 of 5 Contract Number CLH32053-Amendment 11 Page 8 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount information on your local CYSHCN program with WithinReach/Help Me Grow. 3 g Support improvements to the local system of care Submit updates as part of monthly reporting September report due public health services and systems/policy,systems,and document. October 15,2025 environment)for CYSHCN.Refer to the Focus of Work document for example activities and priority areas. November 15,2025 December 15,2025 January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 MCHBG Assessment and Evaluation 4a As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2025 Reimbursement for actual Assessment,participate in activities developed and costs,not to exceed total coordinated by DOH using DOH-provided reporting funding consideration. template. Monthly Reports must only 4b Provide summary of outcomes of MCHBG-funded work Submit documentation as requested by DOH. November 21,2025 reflect activities paid for completed from October 1,2024 through September 30, with funds provided in this 2025 using DOH-provided reporting template. statement of work for the 4c As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2026 specified funding period. Assessment,participate in activities developed and coordinated by DOH using DOH-provided reporting See Program Specific template. Requirements and Special Billing Requirements. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to financeadoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Exhibit A, Statement of Work Page 4 of 5 Contract Number CLH32053-Amendment 11 Page 9 of 19 Program Specific Requirements Special Requirements: All training costs and all travel expenses for such training(for example: per diem,hotel,registration fees)must be pre-approved,unless identified in pre-approved Budget Workbook. Submit a paragraph to your Community Consultant explaining why the training is necessary to implement a strategy in the approved work plan. Details should also include total cost of the training and a link to or brochure of the training. Retain a copy of the Community Consultant's approval in your records. Program Manual,Handbook,Policy References: CYSHCN Information and Resources: Children and Youth with Special Health Care Needs Website(wa.gov) Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): 1. At least 30%of federal Title V funds must be used for preventive and primary care services for children and at least 30%must be used for services for children with special health care needs. [Social Security Law,Sec. 505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high-risk pregnant women and infants,and other patient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of major medical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. Payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds,such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low-income mothers or children;and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law,Sec.505(1)(D)]. Monitoring Visits(i.e.,frequency,type,etc.): Check-ins with DOH Community Consultant as needed. Billing Requirements: Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable A19-IA invoice voucher. Payment to completely expend the"Total Consideration"for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted monthly by the 30th of each month following the month in which the expenditures were incurred and must be based on actual allowable program costs.Billing for services on a monthly fraction of the"Total Consideration" will not be accepted or approved. Special Instructions: Contact DOH Community Consultant for approval of expenses not reflected in pre-approved Budget Workbook. Exhibit A, Statement of Work Page 5 of 5 Contract Number CLH32053-Amendment 11 Page 10 of 19 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Office of Drinking Water Group A Program- Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 3 Funding Source Federal Compliance Type of Payment Federal Contractor (check if applicable) Reimbursement Period of Performance: January I,2025 through December 31,2027 State FFATA(Transparency Act) ® Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems Revision Purpose: Corrected total allocation for 28 SRF-LOCAL ASST(15%) SS to cover invoice for$200 from March 2025.Provide funding for 3 surveys of Non Transient Community Systems. Decrease the number of Non Transient Non Community System surveys to 1. Update rate of reimbursement for each sanitary survey of Transient Non Community(TNC)systems to$1,000.Update rate of reimbursement to$1,500 for each sanitary survey of a Non Transient Non Community(NTNC)system of 499 connections and less. Update rate of reimbursement for Special Purpose Investigations(SPI)to$750 for each SPI on Transient Non Community Systems. Update rate of reimbursement for technical assistance to an hourly rate of$250 for each hour spent,rather then the tiered system of hourly reimbursement.Change from Quarterly Billing to Monthly. Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation SANITARY SURVEY FEES SS-STATE 24112522 N/A 346.26.65 01/01/25 12/31/27 1,800 450 2.250 YR 27 SRF-LOCAL ASST(15%)SS 24119227 N/A 346.26.64 01/01/25 12/31/25 0 0 0 YR 27 SRF-LOCAL ASST(15%)TA 24119227 N/A 346.26.66 01/ 01/25 12/31/25 0 0 0 YR 28 SRF-LOCAL ASST(15%)SS 24119228 N/A 346.26.64 01/ 01/25 12/31/27 0 200 200 YRI STIMULUS-LOCAL ASST(10%OF 15%)SS 24144240 N/A 346.26.64 01/01/25 12/31/27 1,800 250 2,050 YR 28 SRF-LOCAL ASST(15%)TA 24119228 N/A 346.26.66 01/ 01/25 12/31/27 0 0 0 YR1 STIMULUS-LOCAL ASST(10%OF 15%)TA 24144240 N/A 346.26.66 01/01/25 12/31/27 1,000 0 1,000 0 0 0 0 0 0 TOTALS 4,600 900 5,500 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1 Trained LHJ staff will conduct sanitary surveys of Provide Final* Sanitary Survey Reports Final Sanitary Survey Upon ODW acceptance of the Final small community and non-community Group A to ODW Regional Office. Complete Reports must be Sanitary Survey Report,the LHJ shall be water systems identified by the DOH Office of Sanitary Survey Reports shall include: received by the ODW paid Drinking Water(ODW)Regional Office. 1. Cover letter identifying significant Regional Office within deficiencies, significant findings, 30 calendar days of eennections.$1,000 for each sanitary See Special Instructions for task activity. observations,recommendations,and Exhibit A,Statement of Work Page 1 of 4 Contract Number CLH32053-Amendment 11 Page 11 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount referrals for further ODW follow- conducting the sanitary survey of a Transient Non-Community The purpose of this statement of work is to provide up. survey. TNC)system. funding to the LHJ for conducting sanitary surveys 2. Completed Small Water System and providing technical assistance to small checklist. Upon ODW acceptance of the Final community and non-community Group A water 3. Updated Water Facilities Inventory Sanitary Survey Report,the LHJ shall be systems. WFI). paid 4. Photos of water system with text identifying features 5. Any other supporting documents. 1,500 for each sanitary survey of a non- Transient Non-Community(NTNC)and Final Reports reviewed and accepted by Community systems with 499 and less the ODW Regional Office. connections. Payment is inclusive of all associated costs such as travel, lodging,per diem. Payment is authorized upon receipt and acceptance of the Final Sanitary Survey Report within the 30-day deadline. Late or incomplete reports may not be accepted for payment. 2 Trained LHJ staff will conduct Special Purpose Provide completed SPI Report and any Completed SPI Reports Upon acceptance of the completed SPI Investigations(SPI)of small community and non- supporting documents and photos to must be received by the Report,the LHJ shall be paid-$800-for each community Group A water systems identified by ODW Regional Office.ODW Regional Office SPI. $750 for each SPI on Transient Non- the ODW Regional Office. within 2 working days Community(TNC)system.Payment is of the service request. inclusive of all associated costs such as See Special Instructions for task activity.travel, lodging,per diem. Payment is authorized upon receipt and acceptance of completed SPI Report within the 2-working day deadline.Late or incomplete reports may not be accepted for payment. 3 Trained LHJ staff will provide direct technical Provide completed TA Report and any Completed TA Report Upon acceptance of the completed TA assistance(TA)to small community and non- supporting documents and photos to must be received by the Report,the LHJ shall be paid foreach community Group A water systems identified by ODW Regional Office.ODW Regional Office the ODW Regional Office. within 30 calendar Up to 3 hours of work: $250 days of providing See Special Instructions for task activity. technical assistance. 250 per hour for each technical assistance activity. Exhibit A, Statement of Work Page 2 of 4 Contract Number CLH32053-Amendment 11 Page 12 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Payment is authorized upon receipt and acceptance of completed TA Report within the 30-day deadline. Late or incomplete reports may not be accepted for payment. 4 LHJ staff performing the activities under tasks 1,2 For training attended in person,prior to Annually For training attended in person,LHJ shall and 3 attend periodic required survey training as attending the training,submit an be paid mileage,per diem, lodging,and directed by DOH. Authorization for Travel(Non- registration costs as approved on the pre- Employee)"DOH Form 710-013 to the authorization form in accordance with the See Special Instructions for task activity. ODW Program Contact for approval(to current rates listed on the OFM Website ensure enough funds are available). http://www.ofm.wa.gov/resources/travel.asp DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Data Sharing The Office of Drinking Water will share water system information and files with the local health jurisdiction to support the work identified in this statement of work. To request water system data please contact the regional office with the name of the water system,water system ID#,specific information being requested and any timeline requirements. If allowable,please give administrative staff 3 to 5 business days to provide records. Program Manual,Handbook,Policy References: Field Guide(DOH Publication 331-486). Special References: Chapter 246- 290 WAC is the set of rules that regulate Group A water systems. By this statement of work,ODW contracts with the LHJ to conduct sanitary surveys(and SPIs and provide technical assistance)for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys(and SPIs and provide technical assistance)for small community and non-community water systems with surface water sources, large water systems,and systems with complex treatment. LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work. See special instructions under Task 4,below. Exhibit A, Statement of Work Page 3 of 4 Contract Number CLH32053-Amendment I I Page 13 of 19 Special Billing Requirements The LHJ shall submit quarterly month/,invoices within 30 days following the end of the quarter month in which work was completed,noting on the invoice theEt-Rafter-month and year being billed for. Payment cannot exceed a maximum accumulative fee of S-35600-$4,500 for Task 1,and$1,000 for Task 2,Task 3 and Task 4 combined during the contracting period,to be paid at the rates specified in the Payment Method/Amount section above. When invoicing for sanitary surveys,bill half to BARS Revenue Code 346.26.64 and half to BARS Revenue Code 346.26.65. When invoicing for Task 1,submit the list of WS Name,ID#,Amount Billed,Survey Date and Letter Date for which you are requesting payment. When invoicing for Task 2-3,submit the list of WS Name,ID#,TA Date and description of TA work performed,and Amount Billed. When invoicing for Task 4, submit receipts and the signed pre-authorization form for non-employee travel to the ODW Program Contact below and a signed A19-1A Invoice Voucher to DOH Grants Management,billing to BARS Revenue Code 346.26.66 under Technical Assistance(TA). Special Instructions Task 1 Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW.Detailed guidance is provided in the Field Guide for Sanitary Surveys, Special Purpose Investigations and Technical Assistance (Field Guide).The sanitary survey will include an evaluation of the following eight elements: source;treatment; distribution system;finished water storage;pumps,pump facilities and controls;monitoring,reporting and data verification;system management and operation;and certified operator compliance. If a system is more complex than anticipated or other significant issues arise,the LHJ may request ODW assistance. No more than 3 surveys of non-community systems with three or fewer connections be completed between January 1,2025,and December 31,2025. No more than 3 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2025,and December 31,2025. No more than 3 surveys of Transient Non-Community(TNC)systems to be completed between January 1, 2026, and December 31, 2026. No more than 1 surveys of Non-Transient Non-Community(NTNC)and Community systems with 499 and less connections to be completed between January 1, 2026, and December 31, 2026. The process for assignment of surveys to the LHJ, notification of the water system,and ODW follow-up with unresponsive water systems;and other roles and responsibilities of the LHJ are described in the Field Guide. Task 2 Trained LHJ staff will perform Special Purpose Investigations(SPIs)as assigned by ODW. SPIs are inspections to determine the cause of positive coliform samples or the cause of other emergency conditions. SPIs may also include sanitary surveys of newly discovered Group A water systems.Additional detail about conducting SPIs is described in the Field Guide.The ODW Regional Office must authorize in advance any SPI conducted by LHJ staff. Task 3 Trained LHJ staff will conduct Technical Assistance as assigned by ODW.Technical Assistance includes assisting water system personnel in completing work orr verifying work has been addressed as required,requested,or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide.The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system. Task 4 LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work. If required trainings,workshops or meetings are not available,not scheduled,or if the LHJ staff person is unable to attend these activities prior to conducting assigned tasks,the LHJ staff person may,with ODW approval, substitute other training activities to be determined by ODW. Such substitute activities may include one-on-one training with ODW staff,co-surveys with ODW staff,or other activities as arranged and pre-approved by ODW.LHJ staff may not perform the activities under tasks 1,2,and 3 without completing the training that has been arranged and approved by ODW. Exhibit A,Statement of Work Page 4 of 4 Contract Number CLH32053-Amendment 11 Page 14 of 19 Exhibit A Statement of Work Contract Term: 2025- 2027 DOH Program Name or Title: WIC Nutrition Program -Effective January 1,2025 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 5 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through December 31,2027 State FFATA(Transparency Act) ID Fixed Price Other Research&Development Statement of Work Purpose: To provide Women,Infants,and Children(WIC)Nutrition Program services by following WIC federal regulations, WIC state office policies and procedures,WIC directives,and other rules.Refer to the Program Specific Requirements section of this document. Revision Purpose: To add funds to FFY26 WIC CLIENT SVS CONTRACTS USDA and to move funds from FFY24 BRSTFDG PEER CN PR MGMT USDA to FFY25 BRSTFDG PEER CN PR MGMT USDA. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentTotal DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 USDA WIC CLIENT SVS CONTRACTS 76101251 10.557 333.10.55 01/01/25 09/30/25 144,669 0 144,669 FFY24 BRSTFDG PEER CN PR MGMT USDA 7621424A 10.557 333.10.55 01/01/25 09/30/26 6,061 1,994 4,067 FFY25 BRSTFDG PEER CN PR MGMT USDA 76214250 10.557 333.10.55 01/01/25 09/30/27 21,455 1,994 23,449 FFY25 FARM MKT NTR PROG MGMT USDA 76540251 10.572 333.10.57 01/ 01/25 09/30/25 637 0 637 FFY26 WIC CLIENT SVS CONTRACTS USDA 76101261 10.557 333.10.55 10/ 01/25 09/30/26 14,563 10,837 25,400 0 0 0 TOTALS 187,385 10,837 198,222 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount See"Billing1WICNutritionProgram Requirements" below. 1.1 Maintain authorized participating caseload at 100%based on Outcomes based on monthly participation Authorized participating quarterly average as determined from monthly caseload data from state WIC caseload caseload for March 2025 management reports generated at state WIC office. management reports. through September 2026= The Department of Health(Department)State WIC Nutrition 280 Program has the option of reducing authorized participating caseload and corresponding funding when:Authorized participating 1. Unanticipated funding situations occur. caseload for March 2025 2. Reallocations are necessary to redistribute caseload through September 2026= statewide. 300 3. Caseload declines. Exhibit A, Statement of Work Page I of 6 Contract Number CLH32053-Amendment I I Page 15 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1.2 Submit the annual Nutrition Services Plan for each year of the Nutrition Services Plan First year due 9/30/25 Payment withheld if not contract. Second year due 9/30/26 received by due date. Third year due 9/30/27 1.3 Submit the annual Nutrition Services Expenditure Report for Nutrition Services Expenditure Report 11/30/ 25 Payment withheld if not each year of the contract. 11/30/26 received by due date. 11/30/27 1.4 Tell participants about other health services in the agency. If Documentation must be available for Biennial WIC Monitor needed,develop written agreements with other health care review by WIC monitor staff. agencies and refer participants to these services. 1.5 Provide nutrition education services to participants and Documentation must be available for Biennial WIC Monitor caregivers in accordance with federal and state requirements. review by WIC monitor staff. 1.6 Issue WIC benefits while assuring adequate WIC card security Documentation must be available for Biennial WIC Monitor and reconciliation.review by WIC monitor staff. 1.7 Collect data,maintain records,and submit reports to effectively Documentation must be available for Biennial WIC Monitor enforce the non-discrimination laws(Refer to Civil Rights review by WIC monitor staff Assurances below). 1.8a Submit entire WIC and Breastfeeding Peer Counseling Budget Budget Workbook First year due 9/30/25 Workbook for each year of the contract Second year due 9/30/26 Third year due 9/30/27 I.8b Submit Rev-Exp Report spreadsheet from the WIC Budget Revenue and Expense Report and A-19 First year due monthly Workbook monthly with A-19 through September 30,2025 Second year due monthly through September 30,2026 Third year due monthly through September 30,2027 2 Breastfeeding Promotion See"Billing Requirements" below. 2.I Provide breastfeeding promotion activities in accordance with Status report of chosen activities in First year due 11/30/ 25 federal and state requirements. Nutrition Services Plan.Second year due 11/30/26 Third year due 11/30/27 Documentation must be available for review by WIC monitor staff Biennial WIC Monitor 2.2 Work with community partners to improve practices that affect Status report of chosen activities in First year due 8/30/25 breastfeeding. Choose one or more of the following projects: Nutrition Services Plan.Second year due 8/30/26 Provide staff,health care providers and community partners Third year due 8/30/27 virtual breastfeeding training resources. Documentation must be available for Work with employers who likely employ low-income review by WIC monitor staff Biennial WIC Monitor people to create worksite environments that support Breastfeeding. Exhibit A, Statement of Work Page 2 of 6 Contract Number CLH32053-Amendment 11 Page 16 of 19 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Work with birthing hospitals to improve maternity care practices that affect WIC participant breastfeeding rates. Provide participants access to lactation consultants. Other projects will need pre-approval from the State WIC Office See"Billing3BreastfeedingPeerCounselingProgram(BFPC) Requirements"below. 3.1 Provide Breastfeeding Peer Counseling Program activities in Breastfeeding Peer Counseling Annual First year due 12/31/25 accordance with federal and state requirements.The WIC Report and expenditures from the Second year due 12/ 31/26 Breastfeeding Peer Counseling Program is meant to enhance, previous federal fiscal year. Third year due 12/ 31/27 not replace,WIC Breastfeeding promotion and support activities. Documentation must be available for Biennial WIC Monitor review by WIC monitor staff. 3.2 Track Breastfeeding Peer Counseling Program expenditures and Documentation must be available for Biennial WIC Monitor bill separately from the WIC grant. review by WIC monitor staff. 4 Farmers Market Nutrition Program (FMNP) See"Billing Requirements"below. 4.I Issue FMNP benefits to eligible WIC participants by September Document in a Family Alert that FMNP Biennial WIC Monitor 30 of the current year. benefits were issued. Set the end date to Participants have until October 31 of the current year to use October 31 of the current year for the FMNP benefits at authorized farmers markets and farm stores. alert to dismiss at the end of the season. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance( ,doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Program Manual,Handbook,Policy References: The local agency shall be responsible for providing services according to rules,regulations and other information contained in the following: WIC Federal Regulations,USDA,and FNS 7CFR Part 246. Washington State WIC Nutrition Program Policy and Procedure Manual Exhibit A,Statement of Work Page 3 of 6 Contract Number CLH32053-Amendment 11 Page 17 of 19 Office of Management and Budget, Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR 200 Farmers Market Nutrition Program Federal Regulations,USDA, FNS 7CFR Part 248 Other directives issued during the term of the contract Staffing Requirements: The local agency shall: Use Competent Professional Authority staff,as defined by WIC policy,to determine participant eligibility,prescribe an appropriate food package and offer nutrition education based on the participants' needs. Use a Registered Dietitian(RD)or other qualified nutritionist to provide nutrition services to high-risk participants,to include development of a high-risk care plan. The RD is also responsible for quality assurance of WIC nutrition services. See WIC Policy for qualifications for a Registered Dietitian and other qualified nutritionist. Assign a qualified person to be the Breastfeeding Coordinator to organize and direct local agency efforts to meet federal and state policies regarding breastfeeding promotion and support. The Breastfeeding Coordinator must be an International Board-Certified Lactation Consultant or attend an intensive lactation management course,or other state approved training. Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): The local agency shall follow the instructions found in the Policy and Procedure Manual under WIC Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards. Special References(i.e.,RCWs,WACs,etc.): What is the WIC program? 1. The WIC program in the state of Washington is administered by the Department of Health. 2. The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966.The purpose of the program is to provide nutrition and health assessment; nutrition education;nutritious food;breastfeeding counseling; and referral services to pregnant,breastfeeding,and postpartum women, infants,and young children in specific risk categories. 3. Federal regulations governing the WIC program(7 CFR Part 246)require implementation of standards and procedures to guide the state's administration of the WIC program. These regulations define the rights,responsibilities,and legal procedures of WIC employees,participants,persons acting on behalf of a participant,and retailers.They are designed to promote: a. High quality nutrition services; b. Consistent application of policies and procedures for eligibility determination; c. Consistent application of policies and procedures for food benefit issuance and delivery;and d. WIC program compliance. 4. The WIC program implements policies and procedures stated in program manuals,handbooks,contracts, forms,and other program documents approved by the USDA Food and Nutrition Service. 5. The WIC program may impose sanctions against WIC participants for not following WIC program rules stated on the WIC rights and responsibilities. 6. The WIC program may impose monetary penalties against persons who misuse WIC benefits or WIC food but who are not WIC participants. Monitoring Visits(i.e.,frequency,type,etc.): Program and fiscal monitoring are done on a biennial(every two years)basis and are conducted onsite. The local agency must maintain on file and have available for review,audit and evaluation: All criteria used for certification, including information on income,nutrition risk eligibility and referrals Program requirements Nutrition education All financial records Exhibit A, Statement of Work Page 4 of 6 Contract Number CLH32053-Amendment I 1 Page 18 of 19 Assurances/Certifications: 1. Computer Equipment Loaned by the Department of Health WIC Nutrition Program In order to perform WIC program activities,the Department requires computer equipment,such as computers,signature pads,document scanners,card readers and printers to be in local WIC clinics or to be transported to mobile clinics. This equipment("Loaned Equipment")is owned by the Department and loaned to the local agency(Contractor). The Loaned Equipment is supported by the Department. This equipment shall be used for WIC business only or according to WIC Policy and Procedures. An inventory of Loaned Equipment is kept by the Department. Each time Loaned Equipment is changed,the parties shall complete the Equipment Transfer Form and the Department updates the inventory. A copy of the Transfer Form will be provided to the contractor. Copies of the updated inventory list may be requested at any time. The local agency agrees to: a. Defend,protect and hold harmless the Department or any of its employees from any claims, suits or actions arising from the use of this Loaned Equipment. b. Assume responsibility for any loss or damage from abnormal wear or use,or from inappropriate storage or transportation. The Department may enforce this by: 1) Requiring reimbursement from the local agency of the value of the Loaned Equipment at the time of the loss or damage. 2) Requiring the local agency to replace the Loaned Equipment with equipment of the same type,manufacturer,and capabilities(as pre-approved by the Department), or 3) Assertion of a lien against the Contractor's property. c. Notify the Department immediately of any damage to Loaned Equipment. d. Notify the Department prior to moving or replacing any Loaned Equipment. The Department recommends Contractors carry insurance against possible loss or theft. 2. Civil Rights Assurance a. The local agency shall perform all services and duties necessary to comply with federal law in accordance with the following Civil Rights Assurance. b. "The Program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.),Title IX of the Education Amendments of 1972( 20 U.S.C. 1681 et seq.),Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794),Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.);all provisions required by the implementing regulations of the Department of Agriculture;Department of Justice Enforcement Guidelines,28 CFR 50.3 and 42;and FNS directives and guidelines,to the effect that,no person shall,on the ground of race,color, national origin, sex,age or handicap, be excluded from participation in,be denied benefits of,or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from FNS;and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. c. "By accepting this assurance,the Program applicant agrees to compile data,maintain records and submit reports as required,to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel during normal working hours to review such records,books and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance,the Department of Agriculture, Food and Nutrition Service,shall have the right to seek judicial enforcement of this assurance.This assurance is binding on the Program applicant, its successors,transferees,and assignees,as long as it receives assistance or retains possession of any assistance from the Department.The person or persons whose signatures appear on the contract are authorized to sign this assurance on behalf of the Program applicant." 3. 2CFR 200 The local agency shall comply with all the fiscal and operations requirements prescribed by the state agency as directed by Federal WIC Regulations(7CFR part 246.6),2CFR part 200,the debarment and suspension requirements of 2CFR part 200.213,if applicable,the lobbying restrictions of 2CFR part 200.245,and FNS guidelines and instructions and shall provide on a timely basis to the state agency all required information regarding fiscal and program information. Billing Requirements: 1. Definitions Contract Period: January 1,2025—December 31,2027 Contract Budget Periods:The time periods for which the funding is budgeted. There are four federal budget periods January 1,2025,through September 30,2025 Exhibit A, Statement of Work Page 5 of 6 Contract Number CLH32053-Amendment 1 I Page 19 of 19 October 1,2025,through September 30,2026 October 1,2026,through September 30,2027 October 1,2027,through December 31,2027 2. Billing Information: a. Billings are submitted on an A19-IA invoice. These invoices are provided by the Department in the WIC Budget Workbook and include accounting codes for different budget categories. b. Al9s are submitted monthly and must be received by the Department within 30 days following the close of each calendar month.Additional Al9s may be submitted at any time but must be received within 45 days of the close of the federal budget period. c. Funds are allocated by budget categories and by federal budget periods(refer to the budget spreadsheet). d. Funds are encumbered or spent only during the budget period; no carry forward from previous time periods or borrowing from future time periods is allowed. e. Payments are limited to the amounts allocated for the budget period for each budget category. f. Billings are based on actual costs for completed activities.Advance payments are not allowed. Back-up documentation must be retained by the local agency and available for inspection by the Department or other appropriate authorities. g. Payments will be made only for WIC approved expenditures. Refer to the Washington State WIC Nutrition Program Policy and Procedure Manual Volume 2,Chapter 4— Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. h. If billing for indirect costs,a Cost Allocation Plan or Federal Indirect Cost Agreement must be submitted prior to payment. Special Instructions: The local agency shall: 1. Maintain complete,accurate,and current accounting of all local,state,and federal program funds received and expended. 2. Provide,as necessary,a single audit in accordance with the provisions of 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. This circular requires all recipients and sub-recipients of federal funds to have a single audit performed should they spend$750,000 or more of federal grants or awards from all sources. Contractors spending less than$750,000 in federal grants or awards may also be subject to audit. 3. Use Breastfeeding Peer Counseling(BFPC)Program funds only to support the peer counseling program. Once the program is established and peer counselors are trained,the majority of the salary costs must be paid to peer counselors to provide direct services to WIC participants. For a list of allowable costs see Volume 2,Chapter 4—Allowable Costs. The priority use of BFPC funds is to hire and train peer counselors to provide breastfeeding peer counseling services to WIC participants. SPECIAL REQUIREMENTS Contract Budget Period Time Period special requirement Amount Special Requirement Description funds are available January 1,2025—September 30,January 2025—September 2025 $2,500 For general training funds.This funding is for all WIC staff to participate in 2025 WIC-related training.Added in the USDA WIC Client Services Contracts category to cover training registrations,travel expenses,staff time to participate in training(salary/benefits for part time or contractor),and other approved training expenses. Other: Any program requirements that are not followed may be subject to corrective action and may result in monetary fines or repayment of funds. Exhibit A,Statement of Work Page 6 of 6 Contract Number CLH32053-Amendment I I Page I or 15 JEFFERSON COUNTY PUBLIC HEALTH 2025-2027 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH32053 AMENDMENT NUMBER: 10 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as DOH", and JEFFERSON COUNTY PUBLIC HEALTH, a Local Health Jurisdiction, hereinafter referred to as"LHJ", pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL: ttttps.listatcofwa.:harepoint.conusites/dob.orsfund n resources;s:itetake:s;lionie,tspx? c l:9a9 68 da2d94d3eaitttac/fbel2e4cl7c O Adds Statements of Work for the following programs: Amends Statements of Work for the following programs: Infectious Disease Syndemic Prevention Services-SSP- Effective July 1,2025 Deletes Statements of Work for the following programs: 2. Exhibit 13-10 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B-9 Allocations as follows: Increase of$119,788 for a revised maximum consideration of 16.120.484. Decrease of for a revised maximum consideration of No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C Federal Grant Awards Index, incorporated by this reference,and located in the ConCon, Funding&BARS library at the UR.I.,provided above. Unless designated otherwise herein, the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof. JEFFERSON COUNTY WASHINGTON STATE OF WASHINGTON BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF HEALTH f` ,s,,,6 t.4.-sz0 11/25/2025 eidi Eiscnhour,Chair Date Date APPROVED; S O FORM ONLY APPROVED AS TO FORM ONLY Assistant Attorney General 17 /I ,. sr-- for 11/18/2025 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney CC-25-001-A1t? Page I of t EXHIBIT B-10 Page 2 of 15 Jefferson County Public Health ALLOCATIONS Contract Number: C1.1132053 Contract Term:2025- 2027 Date: November I,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LH.I Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 9 10.557 333.10.55 01/ 01/25 09/30/27 10/ 01/24 09/30/27 722)21,455 27,516 FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 8 10.557 333.10.55 01/01/25 09/30/27 10/ 01/24 09/30/ 27 6,061) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA I Amd 4,8 10.557 333.10. 55 01/01/25 09/30/27 10/01/24 09/30/27 28,238 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA I Amd 8 10.557 333.10. 55 01/ 01/25 09/30/26 10/ 01/23 09/30/26 6,061 6,061 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA I Amd 4 10.557 333.10. 55 01/01/25 09/30/26 10/01/23 09/ 30/ 26 ($ 28,238) 0 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WAI Amd 2 10.557 333.10.55 01/01/25 09/ 30/ 26 10/01/23 09/30/26 28,238 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 8 10.557 333.10.55 01/01/25 09/30/25 10/01/24 09/30/25 3,448) $144,669 144,669 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 4 10.557 333.10.55 01/01/25 09/30/25 10/01/24 09/30/25 3,975 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 2 10.557 333.10. 55 01/01/25 09/30/25 10/01/24 09/ 30/25 $144,142 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 9 10.557 333.10. 55 10/01/25 09/30/26 10/01/25 09/30/27 14,563 14,563 14,563 FFY25 Farm Mkt Ntr Prog Mgmt USDA 7WA810WA7 Amd 4 10.572 333.10.57 01/01/25 09/30/25 10/01/24 09/30/25 637 637 637 FFY25 SWIMMING BEACH ACT IAR(ECY)01J74301 Amd 2 66.472 333.66.47 03/01/25 10/ 31/25 01/01/25 11/30/25 13,500 13,500 13,500 FFY25 PHEP BP2-CDC-LHJ Partners NU90TU000055 Amd 9 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/26 14,857 34,384 48,138 FFY25 PHEP BP2-CDC-LHJ Partners NU90TU000055 Amd 7 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/26 19,527 FFY24 PHEP BPI-CDC-LHJ Partners NU90TU000055 Amd 1 93.069 333.93.06 01/01/25 06/30/25 07/01/24 06/30/25 13,754 13,754 FFY2S OD2A OlD(DC Prevent NU17CE010218 Amd lu 93.136 333.93.13 09/01/25 06/30/26 09/1)1/25 08/31/26 98,000 S98,000 S217,677 FFY24 OD2A OID CDC Prevent NUI7CE010218 Amd In 93.136 333.93.13 07/01/25 1 8/31/25 09/01/24 08/31/25 21,788 38,121 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 6 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 16,333 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 2 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 32,556 81,556 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 1 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 49,000 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 9 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 21,049 38,072 55,038 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 5 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 17,023 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 3 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25 8,345 16,966 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 21 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25',8,621 FFY24 CDC PPHF Ops NH23IP922619 Amd I 93.268 333.93.26 01/01/25 06/30/25 07/01/23 06/30/25 10,000 10,000 10,000 FFY20 ELC EDE LHJs CDC NU50CK000515 Amd I,7 93.323 333.93.32 01/ 01/25 12/31/25 01/15/21 07/31/26 15,580 15,580 15,580 FFY19 ELC ED Immunizations CDC NU50CK000515 Amd 9 93.323 333.93. 32 07/01/25 06/ 30/ 26 07/01/25 07/30/26 10,000 10,000 10,000 FFY21 CDC COVID-19 PHWFD-LHJ NU90TP922181 Amd 3 93.354 333.93.35 01/ 01/25 06/30/25 07/01/23 06/30/25 51,330 51,330 51,330 PH Infrastructure Comp AI-LHJ NE11OE000053 Amd 9 93.967 333.93. 96 01/ 01/25 11/30/27 12/01/22 11/30/27 $200,000 350,300 350,300 PH Infrastructure Comp Al-LHJ NE11OE000053 Amd 3 93.967 333.93. 96 01/ 01/25 11/30/ 27 12/01/22 11/30/27 $150,300 FFY25 HRSA MCHBG LHJ Contracts B04MC54583 Amd 1 93.994 333.93. 99 01/01/25 09/30/25 10/01/24 09/30/25 27,525 27,525 27,525 Page 1 of 3 EXHIBIT B-10 Page 3 of 15 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: November 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 MCHBG Special Pr HRSA 2 B04MC54583 Amd 9 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 3,376 3,376 3,376 FFY26 MCHBG LHJ Contracts HRSA YR1 NGA Not Received Amd 9 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 ($36,700) SO 0 FFY26 MCHBG LHJ Contracts HRSA YR1 NGA Not Received Amd 7 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 36,700 SFY25 SBHC Proviso Amd 1 N/A 334.04.90 01/01/25 06/30/ 25 07/01/24 06/30/25 59,000 59,000 59,000 SFY26 Sch Based Hlth Cent 1225 Proviso Amd 7 N/A 334.04.90 07/01/25 06/30/26 07/01/25 06/30/26 $140,000 140,000 140,000 SFY25 DUH Naloxone DDO HCA IAR Amd 4 N/A 334.04.91 03/01/25 06/30/25 12/10/24 06/ 30/ 25 15,000 15,000 15,000 SFY26 Drug User Health Program Amd 6 N/A 334.04.91 07/01/25 06/30/26 07/01/25 06/30/26 80,500 80,500 120,750 SFY25 Drug User Health Program Amd I N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 40,250 40,250 SFY26 Sexual&Rep Hlth Cost Share Amd 9 N/A 334.04.91 01/01/26 06/30/26 07/01/25 06/30/ 26 41,664 41,664 137,061 SFY26 Sexual&Rep Hlth Cost Share Amd 7 N/A 334.04.91 07/01/25 12/31/25 07/01/25 06/ 30/26 47,404 47,404 SFY25 Sexual&Rep Hlth Cost Share Amd I N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 47,993 47,993 SFY25 SSPS Opiod Harm Red Proviso Amd 2 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 8,000 8,000 8,000 SFY25 LHJ Opioid Campaign Proviso Amd 3 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/ 30/25 24,500 56,000 56,000 SFY25 LHJ Opioid Campaign Proviso Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/ 30/25 31,500 Rec Shellfish/Biotoxin Amd 6 N/A 334.04.93 07/01/25 06/30/26 07/01/25 06/30/ 26 7,500 7,500 11,200 Rec Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/ 01/25 06/30/25 07/01/23 06/ 30/25 3,700 3,700 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/25 06/30/27 6,571 6,571 68,200 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/25 06/30/26 07/01/25 06/ 30/ 27 36,611 36,611 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/ 25 8,763)25,018 Small Onsite Management(ALEA) Amd 4 N/A 334.04.93 01/ 01/25 06/30/25 07/01/23 06/ 30/25 1,363 Small Onsite Management(ALEA) Amd 3 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/ 25 32,418 SFY27 Wastewater Management-GFS Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/26 06/30/27 31,822 31,822 49,824 SFY25 Wastewater Management-GFS Amd 8 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/25 8,763 18,002 SFY25 Wastewater Management-GFS Amd 4 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/ 25 1,363) SFY25 Wastewater Management-GFS Amd 3 N/A 334.04.93 01/01/25 06/30/25 07/01/24 06/30/25 10,602 SFY26 FPHS-LHJ Funds-GFS Amd 9 N/A 336.04.25 07/01/25 06/30/26 07/01/25 06/30/26 ($75,000) $2,128,000 4,461,000 SFY26 FPHS-LHJ Funds-GFS Amd 7 N/A 336.04.25 07/01/25 06/ 30/ 26 07/01/25 06/30/ 26 $2,203,000 SFY25 FPHS-LHJ Funds-GFS Amd 1 N/A 336.04.25 01/01/25 06/30/25 07/01/24 06/30/25 $2,333, 000 $2,333,000 YR1 Stimulus-Local Asst(10%of 15%)SS Amd 6 N/A 346.26.64 01/ 01/25 12/31/27 07/01/23 06/ 30/28 1,800 1,800 1,800 Page 2 of 3 EXHIBIT B-10 Page 4 of 15 Jefferson County Public Health ALLOCATIONS Contract .\umbcr: CLH32053 Contract Term:2025- 2027 Date: November 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total YR 28 SRF-Local Asst(15%)SS Amd 6 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 2,200) 0 0 YR 28 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/ 01/25 12/31/27 07/01/24 06/30/ 29 2,200 YR 27 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 06/30/25 07/01/23 06/30/25 2,200) 0 YR 27 SRF-Local Asst(15%)SS Amd 1 N/A 346.26.64 01/ 01/25 06/30/ 25 07/01/23 06/30/25 2,200 Sanitary Survey Fees SS-State Amd 6 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/31/27 400) 1,800 1,800 Sanitary Survey Fees SS-State Amd 1,6 N/A 346.26.65 01/01/25 12/31/27 07/01/23 12/ 31/27 2,200 YRI Stimulus-Local Asst(10%of 15%)TA Amd 6 N/A 346.26.66 01/ 01/25 12/ 31/27 07/01/23 06/ 30/28 1,000 1,000 1,000 YR 28 SRF-Local Asst(15%)TA Amd 6 N/A 346.26.66 01/01/25 12/ 31/27 07/01/24 06/30/29 1,000) 0 0 YR 28 SRF-Local Asst(15%)TA Amd 4 N/A 346.26.66 01/ 01/25 12/31/27 07/01/24 06/30/ 29 1,000 YR 27 SRF-Local Asst(15%)TA Amd 4 N/A 346.26. 66 01/ 01/25 06/30/25 07/01/23 06/ 30/25 1,000) 0 YR 27 SRF-Local Asst(15%)TA Amd 1 N/A 346.26. 66 01/01/25 06/30/25 07/01/23 06/ 30/25 1,000 TOTAL 6,120,484 $6,120,484 Total consideration: 6,000,696 GRAND TOTAL 6,120,484 119,788 GRAND TOTAL 6,120,484 Total Fed 989,849 Total State 5,130,635 Assistance Listing Number fka Catalog of Federal Domestic Assistance Federal revenue codes begin with"333". State revenue codes begin with"334". Page 3 of 3 Page 5 of 15 Exhibit A Statement of Work Contract Term: 2025- 2027 DOH Program Name or Title: Infectious Disease Syndemic Prevention Services- Local Health Jurisdiction Name: Jefferson County Public Health SSP- Effective July 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 1 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: July 1,2025 through June 30,2026 State FFATA(Transparency Act) CI Fixed Price Other Research& Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide Syndemic Prevention Services for infectious diseases(HIV, STI,and Adult Viral Hepatitis),supporting the Office of Infectious Disease(OID)within Department of Health(DOH) Revision Purpose: Add new funds for FFY25 OD2A and add unspent funds from FFY24 that ended 06/ 30/25 to time period of 07/01/25-08/31/25. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentTotal DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation SFY26 DRUG USER HEALTH PROGRAM 12405160 N/A 334.04.91 07/01/25 ` 06/30/26 80,500 0 80,500 FFY24 OD2A OID CDC PREVENT 12405241 93.136 333.93.13 07/01/25 08/31/25 16,333 21,788 38,121 FFY25 OD2A OID CDC PREVENT 12405252 93.136 333.93.13 09/01/25 06/30/26 0 98,000 98,000 0 0 0 0 0 0 0 0 0 TOTALS 96,833 119,788 216,621 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1 Syringe Services Programs: Support for Operations: SSP operations outcomes include delivering Enter deliverable data into the Reimbursement of services and tracking: DOH/OID issued database for actual costs incurred, Provide comprehensive Syringe Services Programs(SSP) • number of sterile syringes distributed tracking SSP activities by the not to exceed$80,500 to people who use drugs(PWUD). This plan of action is • number of naloxone kits distributed 15th of each month following for 07/01/25—06/30/26 directed to distribute syringes to communities that use • number of participant encounters service. drugs to prevent transmission of infectious disease. SSPs • number of referrals to health and social will operate during scheduled hours to provide all services required harm reduction supplies,naloxone,and syringes to prevent transmission of disease and overdose. SSPs Submit Performance Objectives&Work will offer referrals to address social determinants of Plan within the first six months of contract health. period that will include: Outcomes aligned with program strategies and activities. Exhibit A, Statement of Work Page 1 of 11 Contract Number CLH32053-Amendment 10 Page 6 of 15 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Priority populations for Syringe Services Programs SMART objectives aligned with include people who use drugs,with a focus on: performance targets People systemically marginalized and Activities aligned with program underserved due to racism—Black/African outcomes American,Latino/Latina/Latine/Latinx, Timeline for implementation(including American Indian/Alaska Native people and staffing of the proposed program, other communities for whom there are training,etc.) documented health disparities in your region. • Anticipated capacity building or People who are unhoused or unstably housed. technical assistance needs. People engaged in sex work. People involved in the criminal legal system.NOTE: See Special Requirements,Terms Gender expansive/transgender individuals. and Conditions—Section 7 Performance Gay,bi,and other men who have sex with men. Objectives& Workplans for additional deliverable information NOTE: See Special Requirements,Terms and Conditions—Section 4 Syringe Services Programs: Support for Operations Program Requirements for additional task information. Syringe Services Programs:Clinical Services SSP Clinical services outcomes may include,but are not limited to,delivering Provide direct access to clinical services to improve the services and tracking: health and well-being of people who use drugs.At Number of wound care sessions minimum, services must include onsite, low-barrier Number of infectious disease tests access to wound care, infectious disease testing, STI and conducted(hepatitis C, HIV, hepatitis C treatment,and medications for opioid use gonorrhea-chlamydia,syphilis) disorder.Additional services can include mental health • %positive of infectious disease tests services,sexual and reproductive health care,and other hepatitis C,HIV,gonorrhea- primary care and psychosocial support services. chlamydia,syphilis) NOTE:See Special Requirements,Terms and Numbers Co reaparticipantsen started on hepatitis C treatment Conditions—Section 6 Syringe Services Program, Number of participants inducted on Clinical Services Requirements for additional task medications for opioid use disorder information. 2 Syringe Services Programs: Harm Reduction Service Harm reduction care navigation outcomes Enter deliverable data into the Reimbursement of Navigation include delivering services and tracking: DOH/OID issued database for actual costs incurred, number of participants enrolled in care tracking SSP activities by the not to exceed$16,333 Provide appropriate referrals to SSP participants; navigation services 15th of each month following 38,121 for facilitate access to receive health care and medical number of care navigation sessions service. 07/01/25—08/31/25 services,social services,behavioral health counseling and . number of referrals to health and social other services including substance use treatment services Exhibit A, Statement of Work Page 2 of 11 Contract Number CLH32053-Amendment 10 Page 7 of 15 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount including medications for opiate use disorder, or number of linkages to care for health Reimbursement q` MOUD);housing;and advocacy, including but not and social services actual costs incurred, limited to criminal legal involvement,medical providers, • number of outreach attempts per not to exceed$98,000 benefits navigation,and family reunification. participant for 09/01/25—06/30/26 NOTE: See Special Requirements,Terms and Conditions—Section 5 Syringe Services Program, Harm Reduction Care Navigation Requirement for additional task information 3 The LHJ will engage in OD2A-S evaluation activities for Quarterly submission of collected data and Enter quarterly data into the work completed using OD2A-S funds.Evaluation answers to qualitative questions(as it DOH/OID issued template on activities will involve: applies to your OD2A-S activities)on a the following dates: As applicable,collecting data on CDC performance DOH-provided template For reporting period measures to support DOH evaluation plan.9/1/25-11/30/25 o Total number of harm reduction service December 1,2025 encounters(e.g., in-person,mail,telephone, For reporting period online) 12/1/25-2/28/26 o Zip code where harm reduction services were provided(list"unknow when March 1,2025 n' location is unknown) For reporting period o Total number of navigators located in a 3/1/26-5/31/26 harm reduction setting or other setting June 1,2026 o Number of referrals to harm reduction For reporting period services for each race ethnicity 6/1/26-8/ 31/26 o If possible,total number of hours spent by September 1,2026 each navigator on linkage to care or referral efforts o Type of organization where naloxone was distributed(SSP, faith-based organizations, schools,etc.) o Zip code where naloxone was distributed list"unknown"when unknown) o Number of naloxone doses distributed at each type of organization o Number of service encounters involving drug checking o Zip code for drug checking encounters(list unknown"when unknown) o Number of referrals to MOUD for each race/ethnicity Exhibit A, Statement of Work Page 3 of II Contract Number CLH32053-Amendment 10 Page 8 of 15 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount o Number of referrals to behavioral health treatment only(without MOUD)for each race/ethnicity o Number of other referrals, if not to MOUD and behavioral health,with a description of the type of referral Providing answers to contextual performance measures questions. o How has access to care or treatment has been improved,and what new/existing community assets were leveraged? o What are the barriers for people accessing harm reduction services in your jurisdiction? o What are barriers to accessing or receiving naloxone? o Describe what types of navigators are included in the data reported o Describe methods to support navigators Collaborating with the DOH evaluator on a Targeted Evaluation Project(TEP)that will provide a greater understanding of navigation activities. Supporting other evaluation tasks as requested,to meet overall CDC evaluation requirements. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance(2l doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpendinc.gov by DOH as required by P.L. 109-282. Program Specific Requirements Special Requirements,Terms and Conditions 1. Definitions a. ANONYMOUS SERVICES-HIV Prevention services including condom distribution,outreach and light touch. Exhibit A,Statement of Work Page 4 of 11 Contract Number CLH32053-Amendment 10 Page 9 of 15 b. CAPACITY BUILDING-The process by which individuals and organizations obtain, improve,and retain the skills,knowledge,tools,equipment,and other resources needed to do their jobs competently. c. CONTRACTOR—For the purposes of this Statement of Work Only,the entity receiving funds directly from Washington State Department of Health DOH)for client services to prevent or treat conditions named in the statement of work will be referred to as contractor. d. HARM REDUCTION-Harm reduction is a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use. e. INTEGRATED TESTING-For the purpose of this Statement of Work, Integrated Testing includes Human Immunodeficiency Virus(HIV), Gonorrhea GC),Chlamydia(CT), Syphilis, Hepatitis C(HCV)and Hepatitis B(HBV). f. SOCIAL DETERMINANTS OF HEALTH-Social determinants of health(SDOH)are the conditions in the environments where people are born, live, learn,work,play,worship,and age that affect a wide range of health,functioning,and quality-of-life outcomes and risks. g. YOUTH-For purposes of this agreement,the term"youth"applies to persons under the age of 18. 2. Submission of Invoice Vouchers— a. On a monthly basis,the CONTRACTOR shall submit complete and correct Al9 invoice vouchers with amounts billable to DOH under this statement of work and the corresponding OID Expense Summary backup form.All A 19 invoice vouchers must be submitted by the 25th of the following month.Prior approval is required for a different frequency of billing. i. The CONTRACTOR must provide all backup documentation as required based on the assigned risk level and/or as identified by DOH program staff to determine allowability of billed expenses. Risk assessments are completed at the beginning of a new contract for all sub-recipient contracts. Contact your contract manager if you are unaware of your assigned risk level. ii. DOH may ask for additional backup information to pay invoices based on the needs of the funding sources supporting the work. b. The CONTRACTOR shall submit all final claims for payment for costs due and payable under this statement of work by July 31,2026. DOH will pay belated claims at its discretion,contingent upon the availability of funds. 3. Program Organization—CONTRACTOR must a. The CONTRACTOR must provide a full updated organizational chart,including Board of Directors with contact information if applicable,and staffing plan referencing positions described in the budget narrative. b. The CONTRACTOR must provide job descriptions for any new or changed positions in the updated organizational chart. i. Any new positions funded through the original contract funds,must have prior DOH approval. c. The CONTRACTOR must notify their DOH contract manager within 30 days of any staff vacancies related to contracted positions and provide an updated budget. i. Any new fiscal staff responsible for invoicing on this contract will need to meet with the assigned OID Contract Manager within 60 days for DOH invoice overview and training. 4. Syringe Services Program: Support for Operations Program Requirements a. Operate for a minimum of 8 hours per week and 2 days per week. b. Provide mobile and/or street outreach(note: programs must have a vehicle for mobile outreach.) c. Offer safer injection supplies(see list of required safer injection supplies below). d. Submit monthly SSP data in accordance with DOH standards. e. Attend required capacity building/training opportunities provided by DOH. f. Participate in annual site visits with DOH staff. g. Demonstrate structure for receiving and incorporating participant feedback about services. h. Partner with relevant local agencies to ensure effective outreach and service provision.(See Scope of Work narrative below for details on MOUs required.) i. Develop and maintain a Universal Precautions and Sharps Handling policy and procedure, including clear,written policies on handling biohazardous waste, avoiding unnecessary handling of sharps,and potential needle stick injuries to staff,volunteers,and participants.Programs should follow the universal precaution guidelines established by the CDC and OSHA. SSPs may need to adapt those precautions to accommodate the circumstances of their work(e.g.,mobile and outreach settings). Programs should also anticipate the potential of needlestick injury and have a"post-exposure-prophylaxis"protocol included in this document. Exhibit A,Statement of Work Page 5 of 11 Contract Number CLH32053-Amendment 10 Page 10 of 15 j. All staff and volunteers working directly with participants/clients must complete CPR certification within the first 3 months after contract start date(if not already complete). 5. Syringe Services Program,Harm Reduction Care Navigation Requirements a. Includes all requirements for Syringe Service Program operations(see above) b. Attend Harm Reduction Care Navigation training provided by DOH. c. Support participant transportation(e.g.,through the provision of bus passes,cab vouchers,or direct transportation). d. Accompany participants to appointments or provide"warm hand-offs." e. Full-time care navigators(1.0 FTE)shall not exceed a case load greater than 25 individuals. f. Submit monthly outcome data in accordance with DOH standards. 6. Syringe Services Program,Clinical Services Requirements a. Includes all requirements for Syringe Service Program operations(see above) b. Must have clinical staff licensed to practice in the state of Washington to provide clinical services(e.g.,RN,PA,ARNP,LCSW). c. If providing advanced level clinical services(e.g.,PA,ARNP,CNM),programs must have appropriate clinical oversight. Note: Clinical services can be provided through sub-contractor arrangement or MOU with a Federally Qualified Health Center or other clinical partner if there is a justification the relationship will support efforts to reach people who use drugs and provide onsite and/or mobile clinical services. Clinical services can also be provided using telemedicine services with appropriate description of why in-person services cannot be provided and who the telemedicine partner(s)will be. NOTE: Funds from this contract may not be used to purchase basic safer injection supplies(listed below)—Instead, DOH will provide Contractors with supplies. Below is the list of required supplies for SSP to be provided to Contractors by DOH: a. Syringes(1 cc 27 gauge 1/2",28 gauge 1/2",and 29 gauge 1/2"; 1 cc 30 gauge 5/16";3 cc 25G 1"and 1.5") b. Alcohol pads c. Non-latex tourniquets d. Sterile water e. Sterile saline f. Cookers g. Cottons and/or cellulose filters h. Bandages/gauze i. Sharps containers(1 quart and 2 gallon for distribution, 8 gallon for program use) j. Naloxone k. Amber bags The exceptions to these supplies are vendor or manufacturer supply shortages. If a program expects to run out of one of these items,please contact DOH immediately. 7. Performance Objectives&Work Plan: a. Funded Syndemic Prevention Services agencies are required to submit Performance Objectives and Work Plan that provides both a high-level overview of the period of performance and a detailed description of the first year of the contract period.The work plan should incorporate related program strategies and activities.Applicants should propose specific,measurable,achievable,realistic,and time-based(SMART)process and/or outcome objectives for each activity aligned with performance outcomes.The work plan should include training,capacity building,and TA needs to support the implementation of the funded services.Proposed work plan activities may be adjusted in collaboration with OID staff to better address the overarching goals of the funded services. OID will provide a template that must be used in developing the work plan. b. The applicant should address the following outline in their work plan: Exhibit A,Statement of Work Page 6 of 11 Contract Number CLH32053-Amendment I0 Page 11 of 15 i. Contract Year 2 Detailed Work Plan(For each funded service category) ii. Program strategies and activities iii. Outcomes aligned with program strategies and activities iv. SMART objectives aligned with performance targets v. Activities aligned with program outcomes vi. Timeline for implementation(including staffing of the proposed program,training,etc.) vii. Anticipated capacity building or technical assistance needs. c. Performance Objectives&Work Plans should be submitted by December 31,2025. d. OID staff are available to support in developing Performance Objectives&Work Plans in collaboration with funded agencies. e. Performance Objectives& Work Plans will be reviewed between OID staff and funded agencies at least quarterly. Performance Objectives&Work Plans can be adjusted throughout the period of performance. 8. Participation in program evaluation activities—The Contractor is expected to participate in program evaluation activities, including evaluation planning,and collecting and reporting qualitative and quantitative program data,as deemed necessary by OID staff. 9. Participation in Capacity Building and Technical Assistance Activities designed to increase efficacy of Syndemic Services a. Opportunities for capacity building and technical assistance for contractor will be offered throughout the contract year by WA DOH and other regional or national capacity building organizations. b. Contractors will be expected to meet with WA DOH OID staff on an annual basis to discuss training and will work with DOH to track shared completion of Capacity Building Needs c. All contracted staff will be required to complete training in respect to their role. DOH staff and contracted staff will work together to track completion of required trainings. 10. CLAS Standards—The CONTRACTOR will comply with the National Standards for Culturally and Linguistically Appropriate Services(CLAS)standards(1,5-9). National Standards for Culturally and Linguistically Appropriate Services (CLAS)in Health and Health Care(allianceforclas.org) 11. Participation in Program Monitoring Activities— a. DOH will conduct semi-annual or annual performance site visits in the following areas: i. Integrated testing ii. Syndemic service navigation iii. PrEP Housing iv. Syringe Service Programs v. Mail-order naloxone distribution program vi. Fiscal Monitoring—To be scheduled by the DOH Fiscal Monitoring Unit b. Corrective Action Plans—DOH may exercise the following options if the CONTRACTOR does not come into compliance or resolution with programmatic and/or fiscal monitoring corrective action plan by the due date(s)identified in the CAP. i. §200. 339 Remedies for noncompliance. If a non-Federal entity fails to comply with the U.S.Constitution, Federal statutes, regulations or the terms and conditions of a Federal award,the Federal awarding agency or pass-through entity may impose additional conditions,as described in §200.208. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions,the Federal awarding agency or pass-through entity may take one or more of the following actions,as appropriate in the circumstances: Exhibit A,Statement of Work Page 7 of 11 Contract Number CLH32053-Amendment 10 Page 12 of 15 a)Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity. b)Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. c)Wholly or partly suspend or terminate the Federal award. d)Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations(or in the case of a pass-through entity,recommend such a proceeding be initiated by a Federal awarding agency). e)Withhold further Federal awards for the project or program. f)Take other remedies that may be legally available 12. Contract Management— a. Fiscal Guidance i. Indirect-If charging indirect costs,the CONTRACTOR must have a current federally negotiated rate or De Minimis certification of file with DOH. DOH is not able to reimburse indirect costs without an approved indirect cost rate or De Minimis certification of file. ii. Advance Payments Prohibited—DOH funds are"cost reimbursement"funds. DOH will not make payment in advance or in anticipation of services or supplies provided.This includes payments of"one-twelfth"of the current fiscal year's funding. iii. Duplication of EIP Services—The CONTRACTOR shall not use contract funds to provide a parallel medication service to EIP. CONTRACTOR'S providing case management services shall make every effort to enroll clients in EIP. iv. Payment of Cash or Checks to Clients Not Allowed—Where direct provision of service is not possible or effective,vouchers or similar programs, which may only be exchanged for a specific service(e.g.,transportation),shall be used to meet the need for such services. CONTRACTOR shall administer gift cards voucher programs to assure that recipients cannot readily convert vouchers into cash. 1. Store gift cards that can be redeemed at one merchant or an affiliated group of merchants for specific goods or services are allowable as incentives for eligible program participants. 2. General-use prepaid cards are considered"cash equivalent"and are therefore unallowable. Such cards generally bear the logo of a payment network,such as Visa,MasterCard,or American Express,and are accepted by any merchant that accepts those credit or debit cards as payment. Gift cards that are cobranded with the logo of a payment network and the logo of a merchant or affiliated group of merchants are general-use prepaid cards,not store gift cards,and therefore are unallowable. 3. The CONTRACTOR must ensure that a policy for managing gift cards with strong internal controls is in place. v. Funds for Needle Exchange Programs Not Allowed with Federal Funding—CONTRACTOR shall not expend contract federal funds to support needle exchange programs using funds from HIV Community Services Tasks. vi. Travel—Out of staff travel requires prior approval from DOH and must follow GSA guidelines and reimbursement rates. vii. Supervision,under DOH Community Programs contracts,will be understood as the delivery of a set of interrelated functions encompassing administrative,educational and supportive roles that work collectively to ensure clinical staff(i.e.case managers,navigators,coordinators,assistants, coaches)are equipped with the skills necessary to deliver competent and ethical services to clients that adhere to best practices within applicable fields as well as all relevant Statewide Standards. Supervisors must meet the criteria set forth within the WA State HIV Case Management Standards and provide the level of interaction and review detailed in that document. It is the understanding of DOH that Supervision funded under the direct program portion of this contract include at minimum the provision of at least two of the three functions detailed here:administrative,educational or supportive supervision. Supervision that encompasses only administrative Exhibit A, Statement of Work Page 8 of 11 Contract Number CLH32053-Amendment 10 Page 13 of 15 functions will not be considered billable under Direct Program.To that end, it is the expectation of DOH that those personnel identified as Supervisors have no more than one degree of separation from direct client care.Exceptions to this rule can be presented and considered to and by DOH Contract Management. It will fall to the requesting organization to satisfactorily demonstrate that any Supervisory positions falling within the scope of Direct Program are meeting the expectation of provision of educational or supportive supervision with the aim of directly impacting client experiences, quality of services,and adherence to best practices and Statewide Standards. viii. Small and Attractive items—Each Contractor shall perform a risk assessment(both financial and operational)on the agency's assets to identify those assets that are particularly at risk or vulnerable to loss.Operational risks include risks associated with data security on mobile or portable computing devices that store or have access to state data.Assets so identified that fall below the state's capitalization policy are considered small and attractive assets.The Contractor shall develop written internal policies for managing small and attractive assets. Internal policies should take into consideration the WaTech IT Security Standard SEC-04,which includes SEC-04-06-S Mobile Device Security Standard and SEC-04-01-G Media Handling and Data Disposal Best Practices-https://watech.wa.gov/policies. The Contractor shall implement specific measures to control small and attractive assets in order to minimize identified risks. Periodically,the Contractor should perform a follow up risk assessment to determine if the additional controls implemented are effective in managing the identified risks. Contractor must include,at a minimum,the following assets with unit costs of$300 or more: 1. Laptops and Notebook Computers 2. Tablets and Smart Phones Agencies must also include the following assets with unit costs of$1,000 or more: 1. Optical Devices,Binoculars,Telescopes,Infrared Viewers,and Rangefinders 2. Cameras and Photographic Projection Equipment 3. Desktop Computers(PCs) 4. Television Sets, DVD Players,Blu-ray Players,and Video Cameras(home type) ix. Food and Refreshments—Food and refreshments are not allowable direct costs,unless provided in conjunction with allowable meetings,whose primary purpose is the dissemination of technical information. Pre-approval is required when food and refreshments are purchased for these meetings.A sign in sheet with the clients' ID number from the DOH approved data system as well as an agenda is required to receive reimbursement for these charges. 1. The CONTRACTOR shall follow Healthy Nutrition Guidelines for Meetings and Events I Washington State Department of Health when purchasing food and refreshments for approved meetings. 2. Food for staff meetings/training is unallowable. PLEASE NOTE: If meals/refreshments are purchased for allowable meetings,food can only be purchased for clients at the per diem rate. Any expenses over per diem will be denied. U.S. General Services Administration Per Diem Look Up x. Reimbursement of disallowed costs—The CONTRACTOR agrees to reimburse DOH for expenditures billed to the DOH for costs that are later determined through audit or monitoring to be disallowed under the requirements of 2 CFR Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Audits. Exhibit A, Statement of Work Page 9 of I I Contract Number CLH32053-Amendment 10 Page 14 of 15 b. Contract Modifications i. Notice of Change in Services—The CONTRACTOR shall notify DOH program staff,within 45 days, if any situations arise that may impede implementation of the services contained in the statement of work.DOH and the CONTRACTOR will agree to strategies for resolving any shortfalls. DOH retains the right to withhold funds in the event of substantial noncompliance. ii. Contract Amendments—Effective Date—The CONTRACTOR shall not begin providing services authorized by a contract amendment until the CONTRACTOR has received a signed and fully executed copy of the contract amendment from DOH. 1. Local Health Jurisdiction(LHJ)Contractors—Request for contract amendments must be received no less than 60 days prior to the Draft Due Date identified by the CON CON SOW Schedule on the CON CON Dashboard. 2. Non-LHJ Contractors—Request for contract amendments must be received no later than 60 days prior to the end of the Federal Fiscal Year FFY)and 90 days prior to end of the State Fiscal Year(SFY). a. Amendments must be signed prior to the end of the FFY or SFY end date. EX. FFY end date is 12/31,contract amendment request due to contract manager by 11/1 13. Content Review and Website Disclaimer Notice In accordance with all federal guidance,contractors receiving funds through DOH will submit all proposed written materials requiring review for HIV-related scientific or medical accuracy including written materials,audio visual materials,and pictorials, including social marketing and advertising materials,educational materials, social media communications(e.g.,Facebook,twitter)and other electronic communications,such as internet/webpages to the OID Content Review Committee.CONTRACTOR shall submit all materials to be reviewed for scientific or medical accuracy to: Michael Barnes,Washington State Department of Health PO Box 47841 Olympia,WA 98504-7841 Phone: 360-810-1880 Email: Michael.Barnes@doh.wa.gov For social marketing campaigns and media strategies,please adhere to the program guidance on the review of HIV-related educational and informational materials for CDC assistance programs https://www.cdc.gov/hiv/pdf/funding/announcements/ps12-1201/cdc-hiv-ps12-1201-content-review-guidance.pdf 14. Youth and Peer Outreach Workers All programs, including CONTRACTORS,using youth(either paid or volunteer)in program activities will use caution and judgment in the venues/situations where youth workers are placed. Agencies will give careful consideration to the age appropriateness of the activity or venue.Agencies will also ensure that organizational staff and youth comply with all relevant laws and regulations regarding entrance into adult establishments and environments. Agencies will also maintain and implement appropriate safety protocols that include clear explanation of the appropriate laws and curfews and clearly delineate safe and appropriate participation of youth in program outreach activities. 15. Whistleblower a. Whistleblower statue,41 U.S.C.&4712,applies to all employees working for CONTRACTOR,subcontractors,and subgrantees on federal grants and contracts. The statue(41 U.S.C.&4712)states that an"employee of a CONTRACTOR,subcontractor, grantee,or subgrantee,may not be discharged,demoted,or otherwise discriminated against as a reprisal for"whistleblowing."In addition,whistleblower protections cannot be waived by an agreement,policy, form,or condition of employment. b. The National Defense Authorization Act(NDAA)for Fiscal Year 2013 (Pub.L. 112-239,enacted January 2,2013)mandates a pilot program entitled"Pilot Program for Enhancement of Contractor Employee Whistleblower Protections."This program requires all grantees,their subgrantees,and subcontractors to: Exhibit A, Statement of Work Page 10 of 11 Contract Number CLH32053-Amendment 10 Page 15 of 15 i. Inform their employees working on any federal award they are subject to the whistleblower rights and remedies of the pilot program ii. Inform their employees in writing of employee whistleblower protections under 41 U.S.C.&4712 in the predominant native language of the workforce;and, iii. CONTRACTOR and grantees will include such requirements in any agreement made with a subcontractor or subgrantee. 16. Allowable Costs All expenditures incurred and reimbursements made for performance under this statement of work shall be based on actual allowable costs.Costs can include direct labor, direct material,and other direct costs specific to the performance of activities or achievement of deliverables under this statement of work. For information in determining allowable costs,please reference OMB Circulars: 2 CFR200(State,Local and Indian Tribal governments)at: https://www.federalregister.gov/documents/2013/12/26/2013-30465/uniform-administrative- requirements-cost-pri nciples-and-audit-requirements-for-federal-awards. Disclosure of information is governed by the Washington Administrative Code(WAC)246-101-120, 520 and 635,and the Revised Code of Washington(RCW) 70.24.080,70.24.084,and 70.24.105 regarding the exchange of medical information among health care providers related to HIV/AIDS or STI diagnosis and treatment. Please note that CONTRACTORs fit under the definition of"health care providers"and"individuals with knowledge of a person with a reportable disease or condition" in the WAC and RCW. DOH statutory authority to have access to the confidential information or limited Dataset(s)identified in this agreement to the Information Recipient: RCW 43. 70.050 Information Recipient's statutory authority to receive the confidential information or limited Dataset(s)identified in this Agreement:RCW 70.02.220(7) Exhibit A, Statement of Work Page 11 of 11 Contract Number CLH32053-Amendment 10 Page 1 of 50 JEFFERSON COUNTY PUBLIC HEALTH 2025-2027 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH32053 AMENDMENT NUMBER: 9 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as"DOH",and JEFFERSON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LI-U",pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,includes the following statements of work,which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL: ht1 ../t v o u I urce it 9 94 94 3 a Gac7k' C3' 4 is, Adds Statements of Work for the following programs: Office of Immunizations-ELC-Effective July 1,2025 Amends Statements of Work for the following programs: Foundational Public Health Services-Effective July 1,2025 Maternal&Child Health Block Grant-Effective January 1,2025 Office of People Services-HR-Public Health Infrastructure Grant-Effective January 1,2025 Office of Resiliency&Health Security-PHEP-Effective July 1,2025 OSS LMP Implementation-Effective July 1,2025 Sexual&Reproductive Health Program-Effective January 1,2025 WIC Nutrition Program-Effective January 1,2025 0 Deletes Statements of Work for the following programs: 2. Exhibit B-9 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-8 Allocations as follows: Increase of S193,087 for a revised maximum consideration of$6,000,696. Decrease of for a revised maximum consideration of No change in the maximum consideration of . Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C Federal Grant Awards Index,incorporated by this reference,and located in the ConCon,Funding&BARS library at the URL provided above. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. JE• RSON COUNTY WASHINGTON STATE OF WASHINGTON D OF COUNTY COMMISSIONERS DEPARTMENT OF HEALTH 0 t f 2 5 i 11/12/2025 Heidi Eisenhour,Chair Date Date APPROVED-AS/TO FORM ONLY APPROVED AS TO FORM ONLY Assistant Attorney General 1'• r4 iv,- for 11/04/2025 Philip C Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 1 of I CC-25-O0I-A9 EXHIBIT B-9 Page 2 of 50 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: October 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 9 10.557 333.10.55 01/1)1/25 09/30/27 10/ 01/24 09/30/27 :722)21,455 27,516 FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 8 10.557 333.10.55 01/01/25 09/30/ 27 10/01/24 09/30/27 ($6,061) FFY25 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 4,8 10.557 333.10.55 01/01/25 09/30/27 10/ 01/24 09/30/27 $28,238 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 8 10.557 333.10.55 01/01/25 09/ 30/26 10/ 01/23 09/30/26 6,061 6,061 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 4 10.557 333.10. 55 01/01/25 09/ 30/26 10/01/23 09/30/26 ($28,238) 0 FFY24 Brstfdg Peer Cn Pr Mgmt USDA 7WA700WA1 Amd 2 10.557 333.10.55 01/01/25 09/30/26 10/01/23 09/30/26 $28,238 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 8 10.557 333.10. 55 01/01/25 09/30/25 10/01/24 09/30/25 3,448) $144,669 144,669 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 4 10.557 333.10.55 01/01/25 09/ 30/25 10/01/24 09/30/25 3,975 FFY25 USDA WIC Client Svs Contracts 7WA700WA7 Amd 2 10.557 333.10.55 01/01/25 09/ 30/ 25 10/01/24 09/30/25 $144, 142 FFY26 WIC Client Svs Contracts USDA 7WA700WA7 Amd 9 10.557 333.10.55 10/01/25 09/30/26 10/01/25 09/30/27 $14,563 S14,563 14,563 FFY25 Farm Mkt Ntr Prog Mgmt USDA 7WA810WA7 Amd 4 10.572 333.10.57 01/ 01/25 09/30/25 10/01/24 09/30/25 637 637 637 FFY25 SWIMMING BEACH ACT IAR(ECY)01J74301 Amd2 66.472 333.66.47 03/01/25 10/31/25 01/01/25 11/30/25 $13,500 13,500 13,500 FFY25 PHEP BP2-CDC-LHJ Partners NU9OTU000055 Amd 9 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/26 $14,857 34.384 48,138 FFY25 PHEP BP2-CDC-LHJ Partners NU9OTU000055 Amd 7 93.069 333.93.06 07/01/25 06/30/26 07/01/25 06/30/26 $19,527 FFY24 PHEP BPI-CDC-LHJ Partners NU9OTU000055 Amd 1 93.069 333.93.06 01/ 01/25 06/30/25 07/01/24 06/30/25 $13,754 13,754 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 6 93.136 333.93.13 07/01/25 08/31/25 09/01/24 08/31/25 $16,333 16,333 97,889 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 2 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 $32,556 81,556 FFY24 OD2A OID CDC Prevent NU17CE010218 Amd 1 93.136 333.93.13 01/01/25 06/30/25 09/01/24 08/31/25 $49,000 FFY25 F'PHPA Title X Family Plan FPHPA006560 Amd 9 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26"'' $21.049 38,072 55.038 FFY25 FPHPA Title X Family Plan FPHPA006560 Amd 5 93.217 333.93.21 04/01/25 03/31/26 04/01/25 03/31/26 $17,023 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 3 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25 8,345 16,966 FFY24 FPHPA Title X Family Plan FPHPA006560 Amd 21 93.217 333.93.21 01/01/25 03/31/25 04/01/24 03/31/25 8,621 FFY24 CDC PPHF Ops NH231P922619 Amd I 93.268 333.93.26 01/ 01/25 06/30/25 07/01/23 06/ 30/25 $10,000 10,000 10,000 FFY20 ELC EDE LHJs CDC NU5OCK000515 Amd 1,7 93.323 333.93. 32 01/ 01/25 12/31/25 01/15/21 07/31/26 $15,580 15,580 15,580 FFY19 ELC ED Inmmniartions CDC NU50CK000515 Amd 9 93.323 333.93.32 07/01/25 06/30/26 07/01/25 1)7/30/26 $10,000 10,000 10,000 FFY21 CDC COVID-19 PHWFD-LHJ NU90TP922181 Amd 3 93.354 333.93. 35 01/01/25 06/30/25 07/01/23 06/30/25 $51,330 51,330 51,330 PH Infrastructure Comp AI-LHJ NE11OE000053 Amd 9 93.967 333.93.96 01/01/25 11/30/27 I2/01/22 11/30/27 $200,000 350.300 350,300 PH Infrastructure Comp Al-LHJ NE110E000053 Amd3 93.967 333.93.96 01/01/25 11/30/27 12/01/22 11/30/27 $150,300 FFY25 HRSA MCHBG LHJ Contracts B04MC54583 Amd 1 93.994 333.93.99 01/ 01/25 09/30/ 25 10/01/24 09/30/25 $27,525 27,525 27,525 Page 1 of 3 EXHIBIT B-9 Page 3 of 50 Jefferson County Public Health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: October 1,2025 Indirect Rate January 1,2025 through December 31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts hart of:\&counts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY25 MCHBG Special Pr HRSA 2 BO4MC54583 Amd 9 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 3,376 3,376 3,376 FFY26 MCHBG LHJ Contracts['RSA Y'R1 NGA Not Received Amd 9 93.994 333.93.99 10/01/25 09/30/26 10/01/25 09/30/26 ($ 36,700) 0 0 FFY26 MCI-IBG LHJ Contracts HRSA YRl NGA Not Received Amd 7 93.994 333.93.99 10/01/25 09/ 30/26 10/ 01/25 09/30/26 $36,700 SFY25 SBHC Proviso Amd 1 N/A 334.04.90 01/01/25 06/30/25 07/01124 06/30/25 $59,000 59,000 59,000 SFY26 Sch Based filth Cent 1225 Proviso Amd 7 N/A 334.04.90 07/01/25 06/30/26 07/01/25 06/30/26 $140,000 140,000 140,000 SFY25 DUH Naloxone DDO HCA IAR Amd 4 N/A 334.04.91 03/01/25 06/30/ 25 12/10/24 06/30/25 $15,000 15,000 15,000 SFY26 Drug User Health Program Amd6 N/A 334.04.91 07/01/25 06/30/ 26 07/01/25 06/30/26 $80,500 80,500 120,750 SFY25 Drug User Health Program Amd 1 N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 $40,250 40,250 SFY26 Sexual&Rep Hlth Cost Share Amd 9 N/A 334.04.91 01/ 01/26 06/30/26 07/01/25 06/30/26 $41,664 41,664 137,061 SFY26 Sexual&Rep Hlth Cost Share Amd 7 N/A 334.04.91 07/01/25 12/31/25 07/01/25 06/30/26 $47,404 47,404 SFY25 Sexual&Rep filth Cost Share Amd I N/A 334.04.91 01/01/25 06/30/25 07/01/24 06/30/25 $47,993 47,993 SFY25 SSPS Opiod Harm Red Proviso Amd 2 N/A 334.04.91 01/01/25 06/30/ 25 07/01/24 06/30/25 8,000 8,000 8,000 SFY25 LHJ Opioid Campaign Proviso Amd 3 N/A 334.04.93 01/01/25 06/ 30/25 07/01/24 06/30/25 $24,500 56,000 56,000 SFY25 LHJ Opioid Campaign Proviso Amd I N/A 334.04.93 01/01/25 06/ 30/25 07/01/24 06/30/25 $31,500 Rec Shellfish/Biotoxin Amd 6 N/A 334.04.93 07/01/25 06/ 30/26 07/01/25 06/30/26 7,500 7,500 11,200 Rec Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/01/25 06/30/25 07/01/23 06/30/25 3,700 3,700 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/25 06/30/27 6,571 6,571 68,200 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 07/01/25 06/30/26 07/01/25 06/30/27 $36,611 36,611 Small Onsite Management(ALEA) Amd 8 N/A 334.04.93 01/ 01/25 06/30/ 25 07/01/23 06/30/25 8,763)25,018 Small Onsite Management(ALEA) Amd 4 N/A 334.04.93 01/01/25 06/30/ 25 07/01/23 06/30/25 1,363 Small Onsite Management(ALEA) Amd 3 N/A 334.04.93 01/01/25 06/30/ 25 07/01/23 06/30/25 $32,418 SFY27 Wastewater Management-GFS Amd 8 N/A 334.04.93 07/01/26 06/30/27 07/01/26 06/30/27 $31,822 31,822 49,824 SFY25 Wastewater Management-GFS Amd 8 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/25 8,763 18,002 SFY25 WastewaterManagement-GFS Amd4 N/A 334.04.93 01/ 01/25 06/ 30/25 07/01/24 06/30/25 1,363) SFY25 WastewaterManagement-GFS Amd 3 N/A 334.04.93 01/ 01/25 06/30/25 07/01/24 06/30/25 $10,602 SFY26 FPHS-LHJ Funds-GFS Amd 9 N/A 336.04.25 07/01/25 06/30/26 07/01/25 06/30/26 ($75,000) $2,128,000 4,461,000 SFY26 FPHS-LHJ Funds-GFS Amd 7 N/A 336.04.25 07/01/25 06/ 30/ 26 07/01/25 06/30/26 $2,203,000 SFY25 FPHS-LHJ Funds-GFS Amd 1 N/A 336.04.25 01/01/25 06/30/25 07/01/24 06/30/25 $2,333,000 $2,333,000 YRl Stimulus-Local Asst(10%of 15%)SS Amd 6 N/A 346.26.64 01/ 01/25 12/31/27 07/01/23 06/30/28 1,800 1,800 1,800 Page 2 of 3 EXHIBIT B-9 Page 4 of 50 Jefferson County Public health ALLOCATIONS Contract Number: CLH32053 Contract Term:2025-2027 Date: October 1,2025 Indirect Rate January I,2025 through December31,2025:27.38%Public Health DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend#List#* Code** Start Date End Date Start Date End Date ;!.mount SubTotal Total YR 28 SRF-Local Asst(15%)SS Amd 6 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 2,200) 0 0 YR 28 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 12/31/27 07/01/24 06/30/29 2,200 YR 27 SRF-Local Asst(15%)SS Amd 4 N/A 346.26.64 01/01/25 06/30/25 07/01/23 06/30/25 2,200) 0 YR 27 SRF-Local Asst(15%)SS Amd I N/A 346.26.64 01/01/25 06/ 30/25 07/01/23 06/30/25 2,200 Sanitary Survey Fees SS-State Amd 6 N/A 346.26.65 01/ 01/25 12/31/27 07/01/23 12/31/27 400) 1,800 1,800 Sanitary Survey Fees SS-State Amd I,6 N/A 346.26.65 01/01/25 12/ 31/27 07/01/23 12/31/27 2,200 YR1 Stimulus-Local Asst(I0%of 15%)TA Amd 6 N/A 346.26.66 01/01/25 12/31/27 07/01/23 06/30/28 1,000 1,000 1,000 YR 28 SRF-Local Asst(15%)TA Amd 6 N/A 346.26.66 01/01/25 12/31/27 07/01/24 06/30/29 1,000) 0 0 YR 28 SRF-Local Asst(15%)TA Amd 4 N/A 346.26.66 01/01/25 12/31/27 07/01/24 06/30/29 1,000 YR 27 SRF-Local Asst(15%)TA Amd 4 N/A 346.26.66 01/01/25 06/30/25 07/01/23 06/30/25 1,000) 0 YR 27 SRF-Local Asst(15%)TA Amd I N/A 346.26.66 01/01/ 25 06/ 30/25 07/01/23 06/30/25 1,000 TOTAL S6,000,696 S6,000,696 Total consideration: S5,807,609 GRAND TOTAL 6,000,696 193,087 GRAND TOTAL 6,000,696 Total Fed 870,061 Total State S5,130,635 Assistance Listing Number flea Catalog of Federal Domestic Assistance Federal revenue codes begin with"333". State revenue codes begin with"334". Page 3 of 3 Page 5 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Foundational Public Health Services- Local Health Jurisdiction Name: Jefferson County Public Health Effective July 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 1 Funding Source Federal Compliance Type of Payment Federal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2025 through June 30,2026 State FFATA(Transparency Act) ® Periodic Distribution Other Research&Development Statement of Work Purpose: Per RCW 43.70.512,Foundational Public Health Services(FPHS)funds are for the governmental public health system:local health jurisdictions, Department of Health,state Board of Health,sovereign tribal nations and Indian health programs. These funds are to build the system's capacity and increase the availability of FPHS services statewide. Revision Purpose: Correct allocation,remove task 11,add task 12 and edit language in EPH Core Teams section. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentTotal DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Decrease(—) Allocation SFY26 FPHS-LHJ FUNDS-GFS 99210860 N/A 336.04.25 07/01/25 06/30/ 26 2,203,000 75,000 2, 128,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 2,203,000 75,000 2,128,000 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount FPHS funds to each LHJ—See below in Program Specific Requirements See below in Program Specific See below in Program 1 Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $520,000 Deliverables Assessment Reinforcing Capacity—See below in Program Specific See below in Program Specific See below in Program 2 Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements 60,000 Deliverables Assessment—CHA/CHIP—See below in Program Specific Requirements See below in Program Specific See below in Program 3 Activity Special Instructions for details Requirements-Deliverables Specific Requirements 30,000 Deliverables Lifecourse-NEW SFY 24 Full Lifecourse Workforce Capacity—See See below in Program 4 below in Program Specific Requirements—Activity Special Instructions for See below in Program Specific Specific Requirements- $353.000 details Requirements-Deliverables Deliverables Exhibit A,Statement of Work Page 1 of 7 Contract Number CLH32053-Amendment 9 Page 6 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount CD-NEW SFY 24 Immunization Outreach,Education& Response— See below in Program See below in Program Specific 5 See below in Program Specific Requirements—Activity Special Requirements-Deliverables Specific Requirements- $75,000 Instructions for details Deliverables EPH -NEW SFY 24 Fully fund Environmental Public Health Policy& See below in Program See below in Program Specific 6 Leadership Capacity—See below in Program Specific Requirements— Specific Requirements- $150,000 Activity Special Instructions for details Requirements Deliverables Deliverables FC-NEW SFY 24 Strengthening Local Finance Capacity—See below See below in Program Specific See below in Program 7 in Program Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $62,000 Deliverables FC-NEW SFY 24 Public Health Communications—See below in See below in Program Specific See below in Program 8 Program Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $200,000 Deliverables Lifecourse-NEW SFY 24 Illicit Substance Use and Overdose Response See below in Program Specific See below in Program 9 —See below in Program Specific Requirements—Activity Special Requirements-Deliverables Specific Requirements- $150,000 Instructions for details Deliverables EPR-NEW SFY 24 Emergency Preparedness& Response—Capacity See below in Program Specific See below in Program 10 and Capability—See below in Program Specific Requirements—Activity Specific Requirements- $178.000 ISpecialInstructionsfordetails Requirements-Deliverables Deliverables ss eui Ji:gyred-Regional-Epidemiology—CcncraI See below in Program 4-1- (AssessmentiSt eveillanee,-EHA/CHIR 4-50,000 Requirements Activity Special Instructions for details Requirements Deliverables Des EPH-NEW SFY 24 Social Work Support—See below in Program See below in Program Specific See below in Program 11 Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements- $85.000 Deliverables Assessment—Localized Epidemiology Capacity—General—See below in See below in Program Specific See below in Program 12 Specific Requirements- S'5.000 Program Specific Requirements—Activity.Special Instructions far details Requirements-Deliverables Deliverables EPH Core Team—Safe and Healthy Communities—See below in See below in Program Specific See below in Program 13 Specific Requirements- $47.000 Program Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Deliverables EPH Core Team—Climate Change Response—See below in Program See below in Program Specific See below in Program 14 Specific Requirements—Activity Special Instructions for details Requirements-Deliverables Specific Requirements 80.000 Deliverables EPH Core Team—System-Wide Data Management Improvement—See See below in Program 15 below in Program Specific Requirements—Activity Special Instructions for See below in Program Specific Specific Requirements- $6 3.000 details Requirements-Deliverables Deliverables DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.%‘a.gov. FPHS staff from DOH and the Washington State Association of Local Public Health Officials(WSALPHO)will coordinate and communicate together to build and assure common systemwide approaches per FPHS Steering Committee direction and the FPHS framework intent. Exhibit A,Statement of Work Page 2 of 7 Contract Number CLH32053-Amendment 9 Page 7 of 50 For LHJ questions about the use of funds: o Chris Goodwin,FPHS Policy Advisor,WSALPHO—cgoodwin@wsac.org,564- 200-3166 o Brianna Steere,FPHS Policy Advisor,WSALPHO—bsteerea,wsac.org,564- 200-3171 The intent of FPHS funding is outlined in RCW 43.70.512. Foundational Public Health Services Definitions and related information can be found here: www.doh.wa.gov/fphs. Stable funding and an iterative decision-making process—The FPHS Steering Committee's roles and responsibilities are outlined in the FPHS Committee&Workgroup Charter The Steering Committee is the decision making body for FPHS and operates under a consensus-based decision making model,outlined here.The Steering Committee use an iterative approach to decision making meaning additional tasks and/or funds may be added to a local health jurisdiction's(LHJ)FPHS Statement of Work(SOW)as funding decisions are made. Spending of FPHS funds—FPHS funds do not require pre-approval or pre-authorization to spend. FPHS funds are to assure FPHS services are available in each jurisdiction based on the FPHS Definitions(link)and as reflected in the SOW.Assurance includes providing FPHS as part of your jurisdiction's program operations,contracting with another governmental public health system partner to provide the service,or receiving the service through a new service delivery model such as cross jurisdictional sharing or regional staff.FPHS funds are eligible starting at the beginning of each state fiscal year(July 1)regardless of when funds are received by the LHJ,even if the expenditure occurred before the LHJ's contract was signed. These funds are not intended for fee-based services such as select environmental public health services.As state funding for FPHS increases,other funds sources(local revenue, grants, federal block grants)should be directed to the implementation of additional important services and local/state priorities as determined by each agency/jurisdiction. Annual Allocations—The legislature appropriates FPHS funding on an annual basis and the FPHS Steering Committee allocates funds annually through the FPHS Concurrence Process for the State Fiscal Year(SFY):July-June. The Legislature appropriates FPHS funding amounts for each fiscal year of the biennium. This means that funds must be spent within that fiscal year and cannot be carried forward. Any funds not spent by June 30th each year must be returned to the State Treasury. Funding allocations reset and begin again at the start of the next fiscal year(July 1). This Statement of Work is for the period of July 1,2025-June 30,2026 and may be included in multiple Consolidated Contracts(ConCons)which are based on the calendar year and renewed every three years. Disbursement of FPHS funds to LHJs—Unlike other ConCon grants,FPHS bill-back to DOH is NOT required. Half of the annual FPHS funds allocated by the Steering Committee to each LHJ are disbursed each July and January. The July payments to LHJs and access to FPHS allocation for all other parts of the governmental public health system occur upon completion of the FPHS Annual Assessment. Deliverables—FPHS funds are to be used to assure FPHS services statewide. The FPHS accountability process measures how funds are spent,along with changes in system capacity through the FPHS Annual Assessment,system performance indicators,and other data. DOH,SBOH and local health jurisdictions have agreed to complete: 1. Reporting of spending and spending projections. Process timelines and reporting template are provided by the FPHS Steering Committee via FPHS Support Staff. 2. FPHS Annual Assessment is due each July to report on the previous state fiscal year.Process and reporting template are provided by the FPHS Steering Committee via FPHS Support Staff. System results are published in the annual FPHS Investment Report available at www.doh.wa.gov/fphs. BARS Revenue Code: 336. 04.25 Exhibit A,Statement of Work Page 3 of 7 Contract Number CLH32053-Amendment 9 Page 8 of 50 BARS Expenditure Coding—provided for your reference 562.xx BARS Expenditure Codes for FPHS activities: see below 10 FPHS Epidemiology &Surveillance 11 FPHS Community Health Assessment 12 FPHS Emergency Preparedness&Response 13 FPHS Communication 14 FPHS Policy Development 15 FPHS Community Partnership Development 16 FPHS Business Competencies 17 FPHS Technology 20 FPHS CD Data&Planning 21 FPHS Promote Immunizations 23 FPHS Disease Investigation—Tuberculosis(TB) 24 FPHS Disease Investigation—Hepatitis C 25 FPHS Disease Investigation—Syphilis,Gonorrhea&HIV 26 FPHS Disease Investigation—STD(other) 27 FPHS Disease Investigation—VPD 28 FPHS Disease Investigation—Enteric 29 FPHS Disease Investigation—General CD 40 FPHS EPH Data&Planning 41 FPHS Food 42 FPHS Recreational Water 43 FPHS Drinking Water Quality 44 FPHS On-site Wastewater 45 FPHS Solid&Hazardous Waste 46 FPHS Schools 47 FPHS Temporary Worker Housing 48 FPHS Transient Accommodations 49 FPHS Smoking in Public Places 50 FPHS Other EPH Outbreak Investigations 51 FPHS Zoonotics(includes vectors) 52 FPHS Radiation 53 FPHS Land Use Planning 60 FPHS MCH Data&Planning 70 FPHS Chronic Disease,Injury&Violence Prevention Data& Planning 80 FPHS Access/Linkage with Medical,Oral and Behavioral Health Care Services Data& Planning 90 FPHS Vital Records 91 FPHS Laboratory—Centralized(PHSKC Only) 92 FPHS Laboratory Special References(i.e.,RCWs,WACs,etc.): FPHS Intent-RCW 43.70.512 FPHS Funding—RCW 43.70.515 FPHS Committee&Workgroup Charter Exhibit A,Statement of Work Page 4 of 7 Contract Number CLH32053-Amendment 9 Page 9 of 50 FPHS Steering Committee Consensus Decision Making Model Activity Special Instructions: Investments to Each LHJ: 1. FPHS Funds to Each LHJ These funds are allocated to be used to provide any programs and services within all of the FPHS Definitions.Each LHJ is empowered to prioritize where and how to use these funds to maximize equitable,effective and efficient delivery of FPHS to every community in Washington. Use BARS expenditure codes from the list above that most closely align with expenditure made. Targeted Investments to Each LHJ: 2. Assessment Reinforcing Capacity(FPHS definition G.2) Support LHJ assessment capacity with flexible funds to meet locally identified needs.BARS expenditure codes: 562.10 or 11 3. Assessment—CHA/CHIP(FPHS definitions G.3) Support any CHA/CHIP activity or service(e.g.,data analysis,focus groups,report writing,process facilitation)and may be used to contract with other agencies for staff time or services. Use BARS expenditure codes:562.11 4. Lifecourse-NEW SFY 24 Full Lifecourse Workforce Capacity(FPHS definitions D,E,F) Infrastructure and workforce investments to each LHJ to meet fundamental needs in three areas:Maternal/Child/Family Health; Access/Linkage with Medical,Oral and Behavioral Health Services;and Chronic Disease,Injury and Violence Prevention. Use BARS expenditure codes:562.60,562.70,and/or 562.80 5. CD-NEW SFY 24 Immunization Outreach,Education& Response(FPHS definition C.3) Promote immunization education and use of the statewide immunization registry through evidence-based strategies.Funding can also be used to support vaccine- preventable disease response.BARS expenditure codes:562.21 and/or 562.27 6. EPH-NEW SFY 24 Fully fund Environmental Public Health Policy& Leadership Capacity(FPHS definitions B.2,A.C,J.1-3,K.1-2,L.1) These funds are to be used for staffing costs for environmental health responsibilities and functions(that are not directly fee-based)within leadership,policy development, foundational public health services implementation,evaluation,or administration,including(but not limited to)Environmental Health Directors.Examples of funded roles include work relating to general policy,statewide and/or system-wide,and/or cross jurisdictional work,legislation,and rulemaking, SBOH engagement,leadership support and/or development,workforce development,leadership within health equity,climate,and environmental justice.Use BARS expenditure codes: 562.14,562. 40— 562.53 7. FC-NEW SFY 24 Strengthening Local Finance Capacity(FPHS definitions L.2- 4,L.6,L.8) Capacity and infrastructure to assure fiscal management and contract and procurement policies and procedures are effectively implemented to support programs and services.Use BARS expenditure codes:562.16 8. FC-NEW SFY 24 Public Health Communications(FPHS definitions I.1-2) Capacity to enhance the frequency,accuracy,and accessibility of public health communications to diverse populations via various media to support programs and services.Use BARS expenditure codes: 562.13 Exhibit A, Statement of Work Page 5 of 7 Contract Number CLH32053-Amendment 9 I Page 10 of 50 9. Lifecourse-NEW SFY 24 Illicit Substance Use and Overdose Response(FPHS definitions D.1-2,D.4,F.1-3,G.1-3,I.1-2,J.1-J.3,K.1-2) Capacity and infrastructure related to addressing overdose crisis.This includes but is not limited to:Overdose response trainings,convening stakeholders or coordination groups,data analysis,and community education.Use BARS expenditure codes: 562.13, 562.14,562.15,562.60,562.70,562.80 10. EPR-NEW SFY 24 Emergency Preparedness& Response—Capacity and Capability(FPHS definitions H. 1-4) Capacity and infrastructure to support and enhance the local delivery of FPHS Emergency Preparedness and Response services and activities across critical subject matter areas.Use BARS expenditure codes: 562.12 Targeted Investments to Select LHJs—Assuring FPHS Available in Own Jurisdiction 12. EPH-NEW SFY 24 Social Work Support(FPHS definitions B.1-3,B.6-7,D.1,D.2,D.4.E.2,E.4,F.2-3,J.1-2,K.1-2,L.3,L.5) This investment is intended to support non-traditional responses to environmental health complaints and challenges in the context of social work support and care coordination with social service providers.Activities include:assessment of complaints and challenges; identifying cases and circumstances for engaging in social work support and care coordination;and engagement with social service providers.Funds may be used to support these activities,as well as related staffing and training expenses.Use BARS expenditure codes:562.14,562.15,562. 40,562.47,562.48 13. Assessment—Localized Epidemiology Capacity—General(Assessment/Surveillance,CHA/CHIP)(FPHS definitions G.1.2) Provide general assessment epidemiology focused on local public health assessment needs. Use BARS expenditure codes: 562.10 or II approaches specific to each sub topic area. investment is distinctive from all other Core Team FPHS investments. Core Teams exist outside the FPHS structure, in partnership between LHJs and WA DOH.with one co lead from each. Model programs developed through Core Team There are currently six EPH Core Teams.The) arc listed below, with their sub topic area(s),as applicable. System Wide Data Management Improvement Climate Change Response Lead Exposure Water System Capacity Hemelessne Response Safe& Health) Communities Exhibit A,Statement of Work Page 6 of 7 Contract Number CLH32053-Amendment 9 Page 11 of 50 EPH--Core Teams(Applies to all EPH Core Team FPHS Investments)(FPHS definition B.1-7) Each EPH Core Team investment is for LHJ staff to participate in a cross jurisdictional topic-specific Core Team.The Core Teams are each tasked with developing one or more model program(s),intended to offer guidance for scalable environmental public health responses relating to their specific sub-topic area(s). Where it makes sense to do so,the Core Teams may also work on implementation of these model programs.The content and output of these model programs will vary depending on the needs and approaches specific to each sub-topic area. Recipients of these Core Team FPHS funds are required to participate in the associated Core Team for each investment.Recipients may spend these funds towards staffing time necessary to participate and on FPHS-qualifying activities for the specific sub-topic area(s)attached to its associated investment.Each Core Team FPHS investment is distinctive from all other Core Team FPHS investments. Core Teams exist outside the FPHS structure,in partnership between LHJs and WA DOH,with one co-lead from each. Model programs developed through Core Team work will be made available to all Washington public health agencies. There are currently sip four EPH Core Teams.They are listed below,with their sub-topic area(s),as applicable. System-Wide Data Management Improvement Climate-Change Response Lead Exposure Water System Capacity Homelessness Rcsponsc Safe&Healthy Communities Jefferson is receiving funds to participate in these EPH Core Teams: 14. EPH Core Team—Safe& Healthy Communities This Core Team develops system capacity to advance EPH perspectives into planning processes such as State Environmental Policy Act(SEPA)work,Health Impact Assessments,Comprehensive Plans,and related environmental review opportunities.The Core Team will develop one or more model program(s)to provide scalable approaches to healthy community planning,which may include wastewater planning and treatment,seawater intrusion in drinking water,ventilation in public buildings, PFAS contamination,climate change challenges,and other emerging topics identified by the Core Team. Use BARS expenditure code:562.40 15. EPH Core Team—Climate-Change Response This Core Team will address environmental health concerns related to climate and the effects of climate change. Model program development will start with Wildfire Smoke and Harmful Algal Blooms,and may include other priorities and topics. 16. EPH Core Team—System-Wide Data Management Improvement This Core Team will identify and employ a strategy for data sharing,storage and consistency across the state. Use BARS expenditure code:562.40. Exhibit A, Statement of Work Page 7 of 7 Contract Number CLH32053-Amendment 9 Page 12 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Maternal&Child Health Block Grant— Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 2 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through September 30,2026 El State FFATA(Transparency Act) 0 Fixed Price 0 Other 0 Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: The purpose of this revision is to remove FFY26 MCHBG LHJ CONTRACTS HRSA YR1 funding as the Department of Health has not received the FFY26 funding,add FFY25 MCHBG SPECIAL PR HRSA 2 funds and change language in task 3f. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentTotal DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Decrease(—) Allocation FFY25 HRSA MCHBG LHJ CONTRACTS 78101251 93.994 333.93.99 01/01/25 09/30/25 27,525 0 27,525 FFY26 MCHBG LHJ CONTRACTS HRSA YRI 78101261 93.994 333.93.99 10/01/25 09/30/26 36,700 36,700 0 FFY25 MCHBG SPECIAL PR HRSA 2 7810125A 93.994 333.93.99 10/01/25 09/30/26 0 3,376 3,376 0 0 0 0 0 0 0 0 0 TOTALS 64,225 33,324 30,901 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Maternal and Child Health Block Grant(MCHBG)Administration la Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 16,2025 Reimbursement for actual from October 1,2024 through March 31,2025. Budget Workbook to DOH Community costs,not to exceed total Consultant. funding consideration. 1 b Develop 2025-2026 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 5,2025 Monthly Reports must only October 1,2025 through September 30,2026 using Community Consultant. reflect activities paid for DOH-provided template. with funds provided in this 1 c Participate in DOH-sponsored annual MCHBG meeting. LHJ Contract Lead or designee will attend September 30,2025 statement of work for the meeting. specified funding period. Exhibit A,Statement of Work Page 1 of 5 Contract Number CLH32053-Amendment 9 Page 13 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount I d Report actual expenditures for October 1,2024 through Submit actual expenditures using the MCHBG December 5,2025 September 30,2025. Budget Workbook to DOH Community See Program Specific Consultant. Requirements and Special le Report actual expenditures for the six-month period Submit actual expenditures using the MCHBG May 15,2026 Billing Requirements. from October 1,2025 through March 31,2026. Budget Workbook to DOH Community Consultant. I f Report annual FTE billed to MCHBG. Submit FTE information on DOH-provided July 1,2026 template. I u Develop 2026- 2027 MCHBG Budget Workbook for Submit MCHBG Budget Workbook to DOH September 4,2026 October 1,2026 through September 30,2027 using Community Consultant. DOH-provided template. I h Participate in DOH-sponsored MCHBG fall regional LHJ Contract Lead or designee will attend September 30,2026 meeting. regional meeting. Implementation 2a Report 2024-25 MCHBG-funded activities and Submit monthly reports to DOH Community January 15,2025 Reimbursement for actual outcomes using DOH-provided reporting template.As a Consultant.Describe in your updates within February 15,2025 costs,not to exceed total foundation of your MCHBG work determine how each activity of the monthly report how you March 15,2025 funding consideration. processes and programs can close gaps in health are intentionally focused on closing gaps in April 15,2025 Monthly Reports must only outcomes. health outcomes. May 15,2025 reflect activities paid for June 15,2025 with funds provided in this July 15,2025 statement of work for the August 15,2025 specified funding period. September 15,2025 2h Develop 2025-26 MCHBG reporting document for Submit MCHBG reporting document to DOH Draft-August 15,2025 See Program Specific October 1,2025 through September 30,2026 using Community Consultant. Final-September 12,2025 Requirements and Special DOH-provided template. Billing Requirements. 2c Report 2025-26 MCHBG-funded activities and Submit monthly reports to DOH Community September report due outcomes using DOH-provided reporting template.As a Consultant.Describe in your updates within October 15,2025 foundation of your MCHBG work determine how each activity of the monthly report how you November 15,2025 processes and programs can close gaps in health are intentionally focused on closing gaps in December 15,2025 outcomes. health outcomes. January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 Exhibit A,Statement of Work Page 2 of 5 Contract Number CLH32053-Amendment 9 Page 14 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 2d Develop 2026-27 MCHBG Monthly Reporting Submit MCHBG reporting document to DOH Draft—August 14,2026 Template for October 1,2026 through September 30, Community Consultant. Final—September 11,2026 2027 using DOH-provided template. Children and Youth with Special Health Care Needs(CYSHCN) 3a Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program January 15,2025 Reimbursement for actual supplied by DOH,on all infants and children served by guidance. April 15,2025 costs,not to exceed total the CYSHCN Program as referenced in CYSHCN July 15,2025 funding consideration. Program guidance.If no CYSHCN care coordination Monthly Reports must only enabling service)is provided in a given quarter,email reflect activities paid for the CHIF administrator at DOH-CHIF@doh.wa.gov and with funds provided in this indicate that zero clients were served during the quarter. statement of work for the No spreadsheet is necessary when zero clients are specified funding period. served. 3b Identify unmet needs for CYSHCN on Medicaid and Submit completed Health Services 30 days after forms are See Program Specific refer to DOH CYSHCN Program for approval to access Authorization forms and Central Treatment completed. Requirements and Special Diagnostic and Treatment funds as needed. Fund requests directly to the CYSHCN Through September 30,Billing Requirements. Program as needed.2025 3c Review your program's entry on ParentHelpl23.org Document in the Administrative box on your September 30,2025 annually for accuracy. MCHBG report that you have updated information on your local CYSHCN program with WithinReach/Help Me Grow. 3d Support improvements to the local system of care Submit updates as part of monthly reporting January 15,2025 public health services and systems/policy,systems,and document. February 15,2025 environment)for CYSHCN.Refer to the Focus of Work March 15,2025 document for example activities and priority areas.April 15,2025 May 15,2025 June 15,2025 July 15,2025 August 15,2025 September 15,2025 3e Complete intake and renewal,per reporting guidance Submit data to DOH per CYSHCN Program October 15,2025 supplied by DOH,on all infants and children served by guidance. January 15,2026 the CYSHCN Program as referenced in CYSHCN April 15,2026 Program guidance.If no CYSHCN care coordination July 15,2026 enabling service)is provided in a given quarter,email the CHIF administrator at DOH-CH1F@doh.wa,gov and indicate that zero clients were served during the quarter. No spreadsheet is necessary when zero clients are served. Exhibit A,Statement of Work Page 3 of 5 Contract Number CLH32053-Amendment 9 Page 15 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount I Review your program's entry on ParcntHelpl 23.org Document in the Administrative box on your September 30,2026 Help Me Grow's Parent/1e1p123 Resource Finder MCHBG report that you have updated annually for accuracy. information on your local CYSHCN program with WithinReach/Help Me Grow. 3g Support improvements to the local system of care Submit updates as part of monthly reporting September report due public health services and systems/policy,systems,and document. October 15,2025 environment)for CYSHCN.Refer to the Focus of Work document for example activities and priority areas. November 15,2025 December 15,2025 January 15,2026 February 15,2026 March 15,2026 April 15,2026 May 15,2026 June 15,2026 July 15,2026 August 15,2026 September 15,2026 MCHBG Assessment and Evaluation 4a As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2025 Reimbursement for actual Assessment,participate in activities developed and costs,not to exceed total coordinated by DOH using DOH-provided reporting funding consideration. template.Monthly Reports must only 4b Provide summary of outcomes of MCHBG-funded work Submit documentation as requested by DOH. November 21,2025 reflect activities paid for completed from October 1,2024 through September 30. with funds provided in this 2025 using DOH-provided reporting template. statement of work for the 4c As part of the ongoing 5-year MCHBG Needs Submit documentation as requested by DOH. September 30,2026 specified funding period. Assessment,participate in activities developed and coordinated by DOH using DOH-provided reporting See Program Specific template.Requirements and Special Billing Requirements. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance(d,doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Exhibit A,Statement of Work Page 4 of 5 Contract Number CLH32053-Amendment 9 Page 16 of 50 Information about the LHJ and this statement of work will be made available on USASpendine.gov by DOH as required by P.L. 109-282. Program Specific Requirements Special Requirements: All training costs and all travel expenses for such training(for example:per diem,hotel,registration fees)must be pre-approved, unless identified in pre-approved Budget Workbook.Submit a paragraph to your Community Consultant explaining why the training is necessary to implement a strategy in the approved work plan. Details should also include total cost of the training and a link to or brochure of the training.Retain a copy of the Community Consultant's approval in your records. Program Manual, Ilandbook,Policy References: CYSHCN Information and Resources: Children and Youth with Special Health Care Needs Website(wwa.cov) Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): 1. At least 30%of federal Title V funds must be used for preventive and primary care services for children and at least 30%must be used for services for children with special health care needs. [Social Security Law,Sec.505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high-risk pregnant women and infants,and other patient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of major medical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. Payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds,such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low-income mothers or children;and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law,Sec.505(1)(D)]. Monitoring Visits(i.e.,frequency,type,etc.): Check-ins with DOH Community Consultant as needed. Billing Requirements: Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable A19-1A invoice voucher.Payment to completely expend the"Total Consideration"for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted monthly by the 30th of each month following the month in which the expenditures were incurred and must be based on actual allowable program costs.Billing for services on a monthly fraction of the"Total Consideration" will not be accepted or approved. Special Instructions: Contact DOH Community Consultant for approval of expenses not reflected in pre-approved Budget Workbook. Exhibit A,Statement of Work Page 5 of 5 Contract Number CLH32053-Amendment 9 Page 17 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Office of Immunizations—ELC-Effective July 1,2025 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: July 1,2025 through June 30,2026 State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide funding to conduct activities related to health education and promotion of COVID-19, long COVID and other vaccine-preventable diseases for at-risk populations,including strengthening bi-directional relationships with health care providers and increasing access to care. Revision Purpose: N/A Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY19 ELC ED IMMUNIZATIONS CDC 7431025E 93.323 333.93.32 07/01/25 06/30/26 0 10,000 10,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 10,000 10,000 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 1. Implement communication,health education and other strategies or Written report describing Within 30 days of execution Reimbursement for other activities,working with health care providers,community- activity/activities expected to be of contract amendment. actual costs incurred, based organizations or other partners to reach the locally identified implemented on provided document. not to exceed total population. funding consideration Implementation plan of activities to be Within 30 days of execution amount. conducted as part of activity on DOH of contract amendment. provided document. Forecast of expected spending of funds Within 30 days of execution through remainder period of of contract amendment. performance(June 2025)on provided document. Exhibit A,Statement of Work Page I of 3 Contract Number CLH32053-Amendment 9 Page 18 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 2. Catalog activities and conduct an evaluation of the strategies used Written report,showing the strategies June 30,2026 to increase access to services. used and the final progress of the reach template to be provided) 3. Co-sponsor one mobile health event with Care-a-Van in their Plan to incorporate to be added to June 30,2026 jurisdiction including planning,outreach,and logistics to reach the implementation plan. locally identified population. Written report describing the mobile health event including date,location, services offered,partners,and number of attendees. 4. Provide culturally and linguistically appropriate information about Written report describing outreach and June 30,2026 vaccine-preventable diseases and Long COVID to reach locally education strategies. identified populations. Copies of any developed materials. 5. Other activities to consider,with support provided by DOH: Written report,showing the strategies June 30,2026 used and the final progress of the reach Consider adding activities that assess the need for Long (template to be provided) COVID screening and treatment,distribute Long COVID clinical education resources to providers in each jurisdiction,and support linkages between social care and clinical care. Consider hosting Mental Health First Aid training for the public health and health care workforce to increase skill and response capability. Contact Jennifer Robinson at:ienirobinson@ wsu.edu Website:https://www.mentalhealthfirstaid.org/ Consider hosting a virtual or in-person training for health care leaders to support the workforce and reduce burnout. o Example:Leading in Healthcare:Contributing to more health within the system o Description:This workshop focuses on simple and accessible best-practices for supervisors and managers on leading through crisis and developing healthy team/work group culture. We will cover communication tactics and strategies during times of adversity or high- intensity,crisis recovery,and grief and loss.We will focus on actionable steps that those in leadership positions can take to improve the wellness and functionality of their teams from a behavioral health lens,and the specific strategies used by highly successful teams during and after recovery from adverse events. Exhibit A,Statement of Work Page 2 of 3 Contract Number CLH32053-Amendment 9 Page 19 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Distribute and promote provider behavioral health and wellbeing resources from DOH. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Invoicing: Invoices must be submitted monthly to include the previous month's reimbursements/costs to DOH using a Contract A19-1A invoice voucher form and required back-up documentation.Final invoices are due within 45 days of the end of the contract. Unallowable Costs: There are limitations from the funding source on allowable costs for this statement of work. If the LHJ is unsure if a cost is allowable,they should contact the DOH contract manager for approval of the cost prior to making the purchase or charge. Advertising costs(e.g.,conventions,displays,exhibits,meetings,memorabilia,gifts,souvenirs) Alcoholic beverages Building,purchases,construction,capital improvements Clinical care(non-immunization services) Entertainment costs Fundraising Cost Goods and services for personal use Honoraria Independent Research Land acquisition Legislative/lobbying activities Interest on loans for the acquisition and/or modernization of an existing building Payment of a bad debt,collection of improper payments Promotional and/or incentive materials(e.g.plaques,clothing,and commemorative items such as pens,mugs/cups,folders/folios,lanyards,magnets,conference bags) Purchase of food/meals(unless part of required travel per diem costs) Vehicle Purchase Vaccine Purchase Exhibit A,Statement of Work Page 3 of 3 Contract Number CLH32053-Amendment 9 Page 20 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Office of People Services-HR-Public Health Local Health Jurisdiction Name: Jefferson County Public Health Infrastructure Grant-Effective January 1,2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 2 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through November 30,2027 CI State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide funding to establish,expand,train,and sustain the LHJ public health workforce in accordance with the Centers for Disease Control and Prevention(CDC)Public Health Infrastructure Grant(PHIG). Revision Purpose: Purpose of revision is to add second allocation of funding and update Task 2 and 3 due dates. Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation PH INFRASTRUCTURE COMP AI-LHJ 92321223 93.967 333.93.96 01/01/25 11/30/27 150,300 200, 000 350,300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 150,300 200, 000 350,300 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1 Develop a contact list of staff responsible for the Submit to DOH Program Contact names,Submit by email to DOH Reimbursement for actual statement of work(SOW). position titles,email addresses and phone Program Contact any staff costs not to exceed total numbers of key LHJ staff responsible for this change(s)within 30 days funding allocation statement of work,including management, amount. program staff,and accounting and/or financial staff. Invoice Vouchers must be 2 Develop an implementation plan to use these funds for Submit initial implementation plan to the Implementation plans must billed monthly and one or more of the allowable costs listed below. DOH Program Contact for review and prior be submitted by email to received by DOH within approval as soon as possible. DOH Program Contact 45 days of the close of the Funding is intended to establish,expand,train,and sustain before using funds. month in which services public health staff to support LHJ prevention,preparedness, were provided. response,and recovery initiatives.These include the following short-term outcomes:increased retention of existing public health staff,and improved workforce systems Exhibit A,Statement of Work Page 1 of 4 Contract Number CLH32053-Amendment 9 Page 21 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount and processes.Washington will also move toward the Revisions to the implementation plans are Revised implementation following intermediate outcome measures as part of this not required to be submitted to DOH for plans are due a month and Workforce initiative: increased size[and capabilities]of the preapproval. Submit updated implementation 10 days after the end of the public health workforce,increased job satisfaction, stronger plans at the end of the grant year with an grant year November 30th public health foundational capabilities,and increased reach overview of those changes. except for the final year of of public health services. Ultimately,these workforce the grant: investments will support accelerated prevention, January 10,2026 preparedness,and response to emerging threats,and January 10.2027 improved other public health outcomes. January 10,2028 November 30, 202- Funding can be used for permanent full-time and part-time staff,temporary or term-limited staff,fellows,interns, contractors,and contracted employees. Allowable costs include: Costs,including wages and benefits,related to recruiting,hiring,and training of new or existing public health staff. Purchase of supplies and equipment to support the expanded and/or current workforce and any training related to the use of supplies and equipment. Training and education(and related travel)for new and existing staff on topics such as incident management training,working with underserved populations,cultural competency,disease investigations,informatics or data management,or other needs identified by the LHJ. Costs of allowed contractors and contracted staff. Notes: Preapproval from DOH is required to contract with these funds. Preapproval is required for the purchase of equipment. (Equipment is a tangible item with an original per-unit cost of$5,000 or more.) 3 Data collection,as applicable,is based on: Data on form provided by DOH Reporting periods are: Hiring and Retention goals for the Public Health December 1,2024— Infrastructure Grant(PHIG)period. Data collection includes: May 31,2025 Hiring and retention activities the LHJ has at the • Number of funded positions filled by • June I,2025— end of the reporting period. job classification and program area November 30,2025 since the inception of the grant December 1,2025— December 1,2022),as of the end of May 31,2026 the reporting period. Exhibit A,Statement of Work Page 2 of 4 Contract Number CLH32053-Amendment 9 Page 22 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount o Including positions filled with June 1,2026— current employees,new hires,and November 30,2026 PHIG funded positions vacated December 1,2026— during the reporting period. May 31,2027 Data Quality and Context June 1,2027— o Are the data provided questionable November 30,2027 or low/poor quality? o Does the data provided adhere to Report due dates are a the definitions established by CDC month and 10 days after in the performance measure the end of the reporting guidance? period except for the final o Describe any data limitations, reporting period: including reasons unable to report, • July 10,2025 and steps taken to obtain data January 10,2026 and/or improve data quality in the • July 10,2026 future.If you reported on these January 10,2027 data using a definition that was July 10,2027differentthanprovidedinCDC's • January 10.2028 guidance,please describe. o Provide any additional context or November 30, 2027 information related to this measure. Note:6-month Reporting periods see Due Date/Time Frame DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance adoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Follow all Federal requirements for use of Federal funds:Code of Federal Regulations(CFR),Title 2, Subtitle A,Chapter II, Part 200 Uniform Administrative Requirements,Cost Principle,and Audit Requirements for Federal Awards eCFR::2 CFR Part 200--Uniform Administrative Requirements.Cost Principles,and Audit Requirements for Federal Awards. The following expenses are not allowable with these funds: Clothing(except for vests to be worn during exercises or response) Exhibit A,Statement of Work Page 3 of 4 Contract Number CLH32053-Amendment 9 Page 23 of 50 Equipment not primarily used by or for public health employees. Food or beverages(unless employee is in travel status) Incentives(except for retention incentives) Items to be given to community members(members of the public) Salaries at a rate more than Executive Level II(Federal Pay Scale) Vehicles(with preapproval,funds may be used to lease vehicles) Capital expenses Preapproval from DOH is required to use these funds for: Contracting. Purchasing equipment.(Equipment is a tangible item with an original per-unit cost of$5,000 or more.) Disposition of equipment with a current value of$5,000 or more.(Equipment is a tangible item with an original per-unit cost of$5,000 or more.) Leasing vehicles. Out-of-state travel. Note: See also DOH A19 Documentation Matrix for additional expenses that may require preapproval. Billing Requirements: All expenses on invoices must be related to statement of work tasks. Submit invoices monthly on a signed A19 with backup documentation appropriate for risk level. DOH will provide A19 and risk level. If your invoice includes indirect costs,you must have an indirect rate cost agreement approved by DOH. If you have no expenses related to this statement of work for a month,let your DOH Primary Point of Contact know via email. Submit final billing within 45 days of the end of the period of performance for this statement of work. Exhibit A,Statement of Work Page 4 of 4 Contract Number CLH32053-Amendment 9 Page 24 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: Office of Resiliency&Health Security-PHEP- Local Health Jurisdiction Name: Jefferson County Public Health Effective July 1.2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 1 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: July 1,2025 through June 30,2026 State FFATA(Transparency Act) 0 Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work is to establish funding and tasks for LHJs to strengthen their capacity and capability around the Public Health Response Readiness Framework(CDC)to prepare for,respond to,and recover from public health threats and emergencies through a continuous cycle of planning, organizing,training,equipping,exercising,evaluating,and implementing corrective actions as described in the Public Health Emergency Preparedness(PHEP)Cooperative Agreement.Many LHJs support a position responsible for public health emergency preparedness and response.LHJs use different titles for these positions. DOH wants to be respectful of this diversity and refers to the people who fill these important roles as Public Health Emergency Response Coordinators. This statement of work includes a partial allocation of PHEP funds because DOH has received a partial allocation from the CDC.DOH will add the remaining funds to the statement of work when they are received.If they are not received,DOH will review the statement of work and adjust actvities as needed. Guidance Documents-LHJs are strongly encouraged to use the Guidance Documents listed in the Program Specific Requirements in the bottom section of this Statement of Work. Revision Purpose: The purpose of this revision is to add the remaining PHEP BP2 funds. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 PHEP BP2-CDC-LHJ PARTNERS 31602254 93.069 333.93.06 07/01/25 06/30/26 19,527 14,857 34,384 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 19,527 14,857 34,384 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 1 Maintain accurate and up-to-date contact information.This includes Submit information by September 1, September 1,2025 Reimbursement for names,position titles,email addresses,and phone numbers of key LHJ 2025,and any changes within 30 days of Within 30 days of the actual costs not to staff responsible for this statement of work,including management, the change. change. exceed total funding Emergency Response Coordinator(s),and accounting and/or financial allocation amount. staff. Mid-and end-of-year reports on template December 31,2025 provided by DOH.Note any changes or June 30,2026 no changes. Exhibit A,Statement of Work Page 1 of 10 Contract Number CLH32053-Amendment 9 Page 25 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 2 As requested,submit additional information to DOH to comply with Information requested by DOH. Upon request from federal grant requirements and/or DOH requirements.DOH. 3 Participate with DOH in a site visit(virtual or in person)to develop Participation in site visit. As requested by DOH. stronger relationships,enhance collaboration,and promote a unified approach to public health preparedness and response efforts. Preparation and follow-up activities as requested by DOH. 4 Jurisdictional Risk Assessment Implementing the preparedness cycle in any organization or jurisdiction is dependent on information about jurisdictional hazards.DOH is providing every local health jurisdiction with access to the H2azaRDS tool that was developed by the University of Washington.This Jurisdictional Risk Assessment(JRA)identifies,analyzes,and prioritizes potential public health and medical threats and hazards within the jurisdiction. 4.1 Participate in the public health disaster risk assessment tool/report Participation in training. December 31,2025 H2azaRDs tool)training.This training will provide a foundational understanding of the tool and the rollout of it. Mid-year reports on template provided by DOH(note participation in training). Note:LHJs will be notified at least 30 days in advance of the training date. 4.2 Complete a jurisdictional risk assessment tool/report during the PHEP Risk Assessment December 31,2025 FFY24 BPI grant period or between July 1 and December 31,2025,to inform the 2026 Integrated Preparedness Planning Workshop(IPPW). OR Participate in a jurisdictional risk assessment tool/report during the PHEP FFY24 BPI grant period or between July 1 and December 31, 2025,to inform the 2026 IPPW. The completed risk assessment report will include: Documented risk profiles,capability gaps,and recommendations to inform planning and resource allocation. Preparedness strategies in alignment with local,state,and federal emergency management frameworks. A list of identified risks within the jurisdiction. A prioritized ranking of the top five risks. A summary of how these risks impact the most affected populations. Exhibit A,Statement of Work Page 2 of 10 Contract Number CLH32053-Amendment 9 Page 26 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 5 Training Maintaining baseline training competency is essential for a coordinated and effective public health emergency response.Ensuring staff complete the appropriate Incident Command System(ICS)training enables them to operate within standardized response structures and communicate effectively during emergencies.Requiring sub-awardees to verify completion through a DOH-approved training plan promotes accountability and consistency across jurisdictions. 5.I Ensure baseline NIMS compliant training competency is maintained as Mid-and end-of-year reports on December 31,2025 determined by the LHJ. templates provided by DOH,including June 30,2026 titles,dates,and sponsor of trainings. PHEP funding may be used to support additional public health emergency response trainings identified by the LHJ. 6 Exercising Both state and local health departments follow the Homeland Security Exercise and Evaluation Program(HSEEP)principles.Assessing the effectiveness of our emergency response plans and the training of those who might respond to the public health impacts of disasters,is a core component of the preparedness cycle.The act of exercising combined with the learning as demonstrated by an After-Action Report(AAR) drives future planning and training. It is DOH's responsibility to meet the exercise requirements under our CDC PHEP Cooperative Agreement. DOH uses the Multi-Year Preparedness Activities Calendar(MYPAC)to demonstrate that sub-recipients of the PHEP funding are participating in,or leading exercises. Local Jurisdictions and Tribes may use PHEP funding for any exercise that furthers their preparedness. 6.1 If DOH participation is requested,complete the WA DOH Exercise Exercise Notification Form As soon as the LHJ is Notification Form prior to conducting an exercise that was not aware of the exercise previously identified in the LHJ's MYPAC or led by DOH. date and details. 6.2 Conduct,or participate in,at least one emergency response exercise by Submit a Completed After-Action For AARs that the LHJ June 30,2026. Report/Improvement Plan(AAR/IP) are responsible for,90 days after exercise LHJs should coordinate preparedness exercises with local partners, completion.For others, including Tribes,emergency management,healthcare facilities,and when the AAR is first responder agencies.Participation in exercises hosted by other publicly available. organizations within the jurisdiction or geographic region is also strongly encouraged to support regional coordination and strengthen multi-agency response capabilities. Note:A real-world response would meet this deliverable. 7 Public Health Emergency Response Planning A core component of every public health preparedness and response program is maintaining an up-to-date and complete emergency response plan that describes how the jurisdiction will respond to the public health impacts of the most likely threats faced by the jurisdiction. 7.1 Update or develop LHJ identified sections of the Comprehensive Describe progress to date in the mid-year December 31,2025 Emergency Response Plan addressing gaps/needs identified from an report on template provided by DOH.June 30,2026 After Action Report from an exercise or a real world response Exhibit A,Statement of Work Page 3 of 10 Contract Number CLH32053-Amendment 9 Page 27 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Emergency Response Plan by June 30, Align the Plan with National Incident Management System/Incident 2026. Command System(NIMS/ICS)standards and coordinate with community-based organizations,healthcare,and local emergency response agencies. 8 Integrated Preparedness Planning Washington values the strengths of a decentralized public health system while recognizing that PHEP resources are limited.The Integrated Preparedness Planning(IPP)process is intended to promote inter jurisdictional efficiency by aligning planning,training,and exercise efforts across the many public health jurisdictions in the state. 8.1 To inform IPPW,develop a Multi-Year Preparedness Activities MYPAC January 5,2026 Calendar(MYPAC). Bring(or have available)your MYPAC January 13-14,2026 Use the following to inform development of your MYPAC:exercise to the IPPW(digital or on paper). plans,emergency response plans,AAR/IPs,IPPs,and response Highlight activities that are new since training plans. January 2025. 8.2 Participate in both days of DOH Integrated Preparedness Planning Participation in IPPW(DOH will be January 13-14,2026 Workshop(IPPW),with at least one representative(virtually or in looking at sign in documents). person). End-of-year report on template provided June 30,2026 The IPPW is scheduled for January 13-14,2026(location TBD). by DOH. 8.3 Develop or update a multi-year-integrated preparedness plan with Multiyear integrated preparedness plan June 30,2026 critical response and recovery partners using the whole community that is aligned with HSEEP principles. approach. developed or updated between February 1 and June 30,2026(after the IPPW). Use the information gathered in tasks 8.1.and 8.2 to inform the development of this plan 9 Emergency Information Sharing Effective emergency communication and notification are critical for ensuring a timely,coordinated response to public health incidents. Immediate notification and accurate situation reporting enable rapid decision-making,resource deployment,and situational awareness at the state,tribal,and local levels. Maintaining reliable communication systems and conducting regular drills help verify readiness, strengthen coordination,and ensure that response protocols function as intended during real-world emergencies. 9.1 Notification Requirement:Notify the Washington State Department of Mid-and end-of-year reports on template December 31,2025 Health(DOH)Duty Officer at 360-888-0838 or via email at provided by DOH. June 30,2026 hanalert(a doh.wa.gov for any incident that involves the activation of emergency response plans and/or the implementation of an incident command structure. Exhibit A,Statement of Work Page 4 of 10 Contract Number CLH32053-Amendment 9 Page 28 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 9.2 Situation Reporting:Develop situation reports(sitreps)documenting Mid-and end-of-year reports on template December 31,2025 jurisdictional activities during all response incidents that extend provided by DOH.Note whether June 30,2026 beyond two operational periods and require a written Incident Action Situation Reports were submitted,or Plan. there was no need to submit them. Situation reports may be prepared directly by the LHJ or by another jurisdiction,provided they include input from the LHJ to ensure accuracy and completeness. Submit Situation Reports to DOH Duty Office(hanalert@doh.wa.gov) during LHJ response as soon as they are available. 9.3 Maintain the Washington Secure Electronic Communications, Urgent Mid-and end-of-year reports on template December 31,2025 Response,and Exchange System(WASECURES)as the primary provided by DOH. June 30,2026 platform for emergency notifications. Participate in DOH-led notification drills. Notes: Registered users must log in(or respond to an alert)quarterly at a minimum. DOH will provide technical assistance to LHJs on using WASECURES. LHJ may choose to use another notification system in addition to WASECURES to alert staff during incidents. 9.4 Participate in quarterly WASECURES notification drills coordinated Mid-and end-of-year reports on template December 31,2025 by DOH to support statewide communication readiness. provided by DOH. June 30,2026 9.5 Conduct at least one Local Health Jurisdiction(LHJ)-led drill using the Submit results of the drill on the mid-OR December 31,2025 OR jurisdiction's preferred staff notification system to ensure operational end-of-year reports on template provided June 30,2026 effectiveness. by DOH. 10 Medical Materiel and Volunteer Management Effective medical materiel and volunteer management are essential for ensuring timely access to critical supplies and skilled personnel during public health emergencies,enabling local health jurisdictions to respond quickly,coordinate resources efficiently,and maintain continuity of operations under surge conditions.While LHJs are not expected to sustain these capabilities independently,they must have plans in place to access and coordinate resources through local,mutual aid,and state systems when needed. 10.1 Maintain and update the LHJ's medical materiel management plan Mid-and end-of-year reports on template December 31,2025 components,operational guide,or process document by verifying that provided by DOH that describe progress June 30,2026 the local agency's preferred large parcel delivery sites are accurate and on this task. operational and jointly confirmed with DOH,confirming that Exhibit A,Statement of Work Page 5 of 10 Contract Number CLH32053-Amendment 9 Page 29 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount inventory tracking systems work as intended,and ensuring the LHJ can Summary of medical materiel December 31,2025 OR procure,store,manage,and distribute palletized and bulk medical management plan components, June 30,2026 supplies during a public health emergency when necessary.operational guide,or process document. You may submit the whole plan,guide, or document if you prefer.) 10.2 Develop process/procedure to integrate clinical volunteers into your Mid-and end-of-year reports on December 31,2025 emergency response plan(s)including the process for management of template provided by DOH,including volunteers during a public health emergency.This could be in identified volunteer management point June 30,2026 partnership with other response partners(EM,Hospitals,Local of contact. Volunteer agencies,etc.). Volunteer management process,procedure, June 30,2026 This plan must identify a point of contact to collaborate with state or plan,including the point of contact. volunteer registries and support volunteer vetting,credentialing,and response readiness. Updated volunteer management point of As changes occur. If a Medical Reserve Corps(MRC)is housed within the Local Health contact,as needed. Jurisdiction(LHJ),confirm a Point of Contact(POC). For LHJs without an MRC,identify a POC to liaise with external volunteer management organizations,including the State Emergency Medical Reserve Corps. 11 Public Health Information and Warning Effectively communicating with the public about health risks during emergencies is essential for reducing morbidity and mortality. When people understand the nature of a threat and what actions they can take to stay safe,they are better equipped to protect themselves and others. Timely,clear,and culturally appropriate messaging helps minimize confusion, supports informed decision-making,and ultimately saves lives during public health emergencies. 11.1 Incorporate communication strategies into exercises to strengthen your Mid-and end-of-year reports on template December 31,2025 jurisdiction's capacity to manage and disseminate accurate information provided by DOH. June 30,2026 during emergencies to populations disproportionately affected by top public health hazards within jurisdiction. 12 Healthcare Coalition Partnerships Collaboration between local PHEP recipients and healthcare coalitions is essential to align public health and healthcare system preparedness capabilities,enhance interoperable response plans,and ensure efficient allocation of critical resources during emergencies. 12.I Participate in the Northwest Healthcare Response Network(NWHRN) Mid-and end-of-year reports on template December 31,2025 monthly or the Healthcare Alliance(HCA)bi-monthly meetings,at provided by DOH. June 30,2026 least once during each contract reporting period. Exhibit A, Statement of Work Page 6 of 10 Contract Number CLH32053-Amendment 9 Page 30 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount The contract reporting periods are July 1 —December 31,2025,and January 1 —June 30,2026. 12.2 Participate in the following additional activities with the Northwest Mid-and end-of-year reports on template December 31,2025 Healthcare Response Network(NWHRN)or the Healthcare Alliance provided by DOH. June 30,2026 HCA): Communications Planning Training, and/or exercises. 13 Coordination with Tribes Tribes bring valuable cultural knowledge,governance structures,and community networks,essential for effective preparedness,response,and recovery. Partnering with tribes enhances trust,optimizes resource use,and ensures equitable support during crises. 13.1 Seek to engage and coordinate with local tribes on preparedness Mid-and end-of-year reports on template December 31,2025 activities,if you have federally recognized tribes within your LHJ.provided by DOH. June 30,2026 Note:The jurisdictional risk assessment might be an opportunity to work with tribes(Task#4). 14 Administrative Preparedness Plans/Procedures Administrative preparedness is essential for LHJs to effectively fulfill their obligation to respond to public health emergencies in their jurisdiction. Having established administrative procedures that allow your organization to implement appropriate flexibility during declared emergencies—even in the absence of a formal plan—helps ensure rapid access to resources,contracts, staffing,and operational support during public health emergencies. 14.1 Based on the unique structure and administrative procedures,review Mid-and end-of-year reports on template December 31,2025 and have an understanding of the following areas: provided by DOH. June 30,2026 Conditions under which expedited processes can be activated. Identification of those authorized to implement emergency Plan and/or procedures available upon administrative processes and procedures. request Streamlined processes for securing emergency funding from federal,state,or both levels of government(recognizing that state and federal funding is contingent on availability). Accelerated procedures for procuring resources,including additional staff(temporary or permanent). Criteria for deactivating emergency processes and transitioning back to normal operations. Exhibit A,Statement of Work Page 7 of 10 Contract Number CLH32053-Amendment 9 Page 31 of 50 Task Payment Activity Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 15 Build Highly Qualified PHEP Workforce Maintaining a qualified PREP workforce is essential for ensuring operational readiness and effective emergency response.Ongoing participation in communities of practice fosters shared learning,supports the dissemination of best practices,and strengthens workforce competencies needed to execute critical public health preparedness functions. 15.1 Engage in at least one community of practice(CoP)group that Mid-and end-of-year reports on template December 3I,2025 identifies problems,solutions,and best practices in public health provided by DOH. emergency preparedness.This can be a community of practice led by June 30,2026 DOH,CDC,or Northwest Center for Evidence-Based Public Health Emergency Preparedness and Response. Note:Attending the MCM CoP(Task 16.2)meets this activity also. 16 Medical Countermeasures—All LHJs,including non-Cities Readiness Initiative(CRI)* LHJs,must be able to meet medical countermeasure MCM)capabilities to ensure timely protection of their communities during public health emergencies. Building and maintaining this capability supports equitable access to life-saving interventions and strengthens the overall statewide response system. Non-CRI LHJs are LHJs that do not receive Cities Readiness Initiative(CRI)funding. In Washington State,the LHJs that receive CRI funding are Clark County Public Health,Public Health—Seattle&King County,Snohomish County Health Department,and Tacoma—Pierce County Health Department. 16.1 Update MCM plan between July 1,2025,and June 30,2026,to reflect Updated MCM plan(submit once by December 31,2025 current capabilities,procedures,and resources,to demonstrate ongoing June 30,2026,or sooner). June 30,2026 medical countermeasure(MCM)readiness. If the Plan is not submitted by If the MCM plan does not include jurisdiction's ability to receive, December 31,2025,describe progress to stage,store,and distribute MCM,provide a comprehensive date in the mid-year report on template supplemental report on these capabilities.This report should include: provided by DOH. The process for receiving,staging, storing,and distributing MCM.End-of-year report on template provided by DOH. 16.2 Attend one of the MCM quarterly meetings for the non-CRI LHJs and Mid-and end-of-year reports on template December 31,2025 one MCM community of practice meeting throughout the performance provided by DOH. period. June 30,2026 Note:Participation in the MCM community of practice also meets the requirement of Task 15.1. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Exhibit A,Statement of Work Page 8 of 10 Contract Number CLH32053-Amendment 9 Page 32 of 50 Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Special Requirements: Guidance Documents-LHJs are strongly encouraged to use the following documents to inform the implementation of activities in this statement of work. DOH will provide copies of the documents. New Statement of Work Guidance Document(under development) Washington State Doctrine for Enhancing Resiliency, Health Security,Response, and Recovery. Public Health Response Readiness Framework(CDC) --2024-2028 PHEP Program Priorities—Defines Excellence in Response Operations Public Health Emergency Preparedness and Response Capabilities:National Standards for State, Local, Tribal,and Territorial Public Health Public Health Emergency Preparedness(PHEP) Cooperative Agreement(2024—2029 Guidance Document) Follow all Federal requirements for use of Federal funds: Code of Federal Regulations(CFR),Title 2,Subtitle A,Chapter II,Part 200 Uniform Administrative Requirements,Cost Principle,and Audit Requirements for Federal Awards CFR ::2 CFR Part 200-- Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards Recipients may only use funds for reasonable program purposes,including personnel,travel,supplies,and services."PHEP Notice of Funding Opportunity:Funding Limitations Supplemental Guidance—February 2024 The following expenses are not allowable with these funds: Clothing(except for vests to be worn during exercises or responses). Salaries at a rate above Federal Executive Schedule Level II. Vehicles(with preapproval,funds may be used to lease vehicles). Pay or reimburse backfilling costs for staff. Vaccines for seasonal influenza mass vaccination clinics or other routine vaccinations covered by CDC/ACIP schedules. Influenza vaccines for the public. Promotional items and memorabilia. Construction or major renovations. Preapproval from DOH is required to use these funds for: Contracting. Purchasing food or beverages is generally not allowable(unless employees are in travel status, then reimbursement of food and beverages is allowable). Purchasing equipment(see definition of equipment in 2 CFR 200, link above). Exhibit A,Statement of Work Page 9 of 10 Contract Number CLH32053-Amendment 9 Page 33 of 50 Disposition of equipment with a current value of(see 2 CFR 200, link above). Leasing vehicles. Out of state travel. Overtime pay for staff directly associated with this statement of work. Purchase of caches of vaccine for public health responders and their households to ensure the health and safety of the public health workforce. Purchase of caches of vaccine for select critical workforce groups to ensure their health and safety during an exercise testing response plans. See also DOH A19 Documentation Matrix for additional expenses that may require preapproval. BILLING Please refer to the Billing Instructions in the 2025—2027 Consolidated Contract. All expenses on invoices must be related to the Statement of Work Tasks. Submit invoices monthly on a signed A19-lA invoice voucher form with backup documentation appropriate for risk level. DOH will provide A19 form and risk level. Submit invoices monthly within 60 days of the end of the month of service(unless the related ConCon amendment has not been executed,in that case submit invoices as soon as possible after the amendment is executed). Please do not submit invoices until the ConCon amendment including the funds has been executed. If invoices include indirect costs,there must be a DOH-approved indirect rate cost agreement. If there are no expenses related to this Statement of Work for a month,let the DOH Contact via email. If you are submitting a supplemental,revised,corrected,or any additional invoice for a month,please clarify your intentions in the email with the invoice. Submit final billing within 60 days of the end of the funding period. Exhibit A,Statement of Work Page 10 of 10 Contract Number CLH32053-Amendment 9 Page 34 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: OSS LMP Implementation-Effective July 1,2025 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 1 Funding Source Federal Compliance Type of Payment 0 Federal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2025 through June 30,2027 State El FFATA(Transparency Act) El Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work is to fund implemation of the on-site sewage system(OSS)local management plan(LMP).This funding is for the 2025-2027 biennium. Revision Purpose: Add task-level budgets and complete goals and measurable objectives table. Master Assistance BARS Allocation LHJ Funding Period ChangeIndexListingRevenueCurrentTotal DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation SMALL ONSITE MANAGEMENT(ALEA) 26705100 N/A 334.04.93 07/01/25 06/30/26 36,611 0 36,611 SFY27 WASTEWATER MANAGEMENT-GFS 26701170 N/A 334.04.93 07/01/26 06/30/27 31,822 0 31,822 SMALL ONSITE MANAGEMENT(ALEA) 26705100 N/A 334.04.93 07/01/26 06/30/27 6,571 0 6,571 0 0 0 0 0 0 0 0 0 TOTALS 75,004 0 75,004 GOALS& MEASURABLE OBJECTIVES This table summarizes starting and target metrics achieved by implementing the tasks below.This data is reported on an ongoing basis in the semiannual progress reports. Description(e.g.,"OSS compliance") Units Starting Targets e.g. systems ) Amount OSS compliant with inspections in Marine Recovery Areas(MRAs)Number of OSS 741 992 OSS compliant with inspections countywide Number of OSS 2,527 2,914 Number of OSS failures identified/ OSS failures identified/corrected in MRA number of OSS failures with completed 12 ' 12.6 repairs Number of OSS failure identified/ OSS failures identified/corrected countywide number of OSS failures with completed 33,'9 33 17 repairs Exhibit A,Statement of Work Page 1 of 3 Contract Number CLH32053-Amendment 9 Page 35 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Task 1:Grant Administration This task is to fund the required financial and reporting activities necessary to meet state DOH and Auditor requirements including administration of LHJ local management plan and OSS LMP grant program. 1.1 Bi-monthly Invoicing and Progress Reports Bimonthly/Monthly invoices Bimonthly/monthly for Reimbursement up to X DOH Consolidated Contracts(ConCon)requires billing duration of contract period. $3,754 based on actual within 60 days of completing work.Local or County Health costs. subrecipients will submit invoices through the ConCon process and will send progress reports and deliverables to the LMP Contract Manager. Invoices must be submitted at least bi-monthly(per ConCon requirements)but no more frequently than monthly.Invoices will be reviewed for consistency with progress.The LMP Contract Manager may require monthly invoices. 1.2 Semi-Annual Progress Reports Data about the following: Due July 15 for the Reporting periods are semiannually from January 1 — Qualitative: duration of the contract June 30 and July 1 —December 31. Progress reports include o Summary of work. period. data described in the outcome column. o Barriers to LMP Implementation. Quantitative: o OSS inventory metrics. o Enforcement actions. o Outreach and Education efforts. Task 2: Local Management Plan I in plementation This task includes all work done to implement the county's LMP excluding grant management tasks and inspection rebates/incentives. 2.1 Database Maintenance and Quality Assurance/Quality a.Provide narrative of data clean-up tasks a-d.Report in semi-annual Reimbursement up to SX Control completed and in-progress. progress report in Subtask $18, 750 based on actual Database maintenance and QA/QC is ongoing to ensure 1.2. costs. accurate tracking methods for all OSS in the county. Specific b.Provide narrative of progress on tasks include: configuring Energov database for SOM Continue to`clean-up'the existing data post data workflows,reports,automation tasks. conversion in Energov permitting database Configure Energov database for SOM workflows,c.Provide narrative of API development reports,automation tasks. tasks completed and in-progress. Develop Application Program Interface(API)between database and Online-RME. d. Provide narrative of Homeowner Inspector Develop replacement Homeowner Inspector Authorization website tasks completed and Authorization website in progress. 2.2 Operations and Maintenance Program Administration a. Enforcement Protocol a. By first semi-annual Mail inspection reminders to homeowners as needed. b. Data on the following: progress report due date Inspection Compliance tracking/mapping. Number of OSS with current Failure and repair tracking/mapping.inspections b.Report in semi-annual Compliance enforcement.progress report in Subtask Complaint response. 1.2. Exhibit A,Statement of Work Page 2 of 3 Contract Number CLH32053-Amendment 9 Page 36 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount O&M data reports about inventory and deficiencies. Number of OSS failures and calculated risk using DOH-provided risk assessment. Number of repairs. 2.3 Education and Outreach a.Track number of social media posts and a-c.Report in semi-annual Education and outreach is conducted for OSS owners, mailings progress report in Subtask realtors,etc.Specific tasks include: 1.2. Communicate via social media,website,and mailings b.Track attendance of in-person homeowner Provide in-person homeowner septic inspector classes septic inspector classes for property owners Provide online homeowner inspector training and c.Track number of homeowner inspectors authorization for property owners trained and authorized online 4 Professional Development and Coordination a.Attendance and contribution at four(4) a- b.Report attendance The LHJ will participate in LMP and West Side meetings per year. semi-annually,as Coordinators Meetings and will network between scheduled in Task 1.2. counties. b.Conference and Training participation as The LHJ will support professional development available. through o Attending DOH OSS Program trainings o Environmental Heath Conferences AEC Conference-Two(2)Staff members WOSSA Conference-Two(2)Staff members Task 3: Homeowner Inspection Rebates/Incentives Program Provide low-income rebates to homeowners.Provide inspection compliance incentives to homeowners in priority areas. 3.1 Low-Income Homeowner Inspection Rebates a.Provide draft and final process/policy a.Prior to issuing any Reimbursement up to SX The LHJ will provide rebates to homeowners for pumping, documents to DOH. rebates.52,500 based on actual inspection and minor repairs.Rebates issued will be up to costs. X. b.Report number of rebates provided for b.By grant closeout. pumping,monitoring inspections and access risers. 3. 2 Homeowner Inspectiion Incentives a.Provide draft and final process/policy a.Prior to issuing any Promote pumping,inspection and minor repairs with rebates documents to DOH. incentives. to homeowners in priority areas. Rebates issued will be up to X. b.Report number of rebates for pumping, b.By grant closeout. monitoring inspections and access risers to grade provided to priority-area homeowners. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance@doh.wa.gov. Exhibit A,Statement of Work Page 3 of 3 Contract Number CLH32053-Amendment 9 Page 37 of 50 Exhibit A Statement of Work Contract Term: 2025- 2027 DOH Program Name or Title: Sexual&Reproductive Health Program- Local Health Jurisdiction Name: Jefferson County Public Health Effective January 1.2025 Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1.2025 through June 30.2026 State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide sexual and reproductive health services(SRH)to Washington State residents.These services will comply with all state,federal,and DOH SRHP Manual requirements. It highlights specific requirements,but all must be complied with. Budgets are based on an approved allocation formula with funds available. This Statement of Work spans Years 1-5 of the contract,which runs January 1,2022—March 31,2027. For state funding,due dates after June 30,2026 are for reporting only.LHJs may not bill under this contract for work done after June 30,2026. For federal funding,due dates after March 31,2026 are for reporting only.LHJs may not bill federal funds under this contract for work done after March 31,2026. Revision Purpose: The purpose of this revision is to add$21,049 in FFY25 FPHPA Title X Family Planning funds for the period of 04/01/25-03/31/26,add$$41,664 in SFY26 Sexual and Reprouctive Health Cost Share funds for the period of 01/01/26-06/30/26,and extend the period of performance through June 30,2026. Master Assistance BARS Allocation LHJ Funding Period Chan eIndexListingRevenueCurrentg Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY24 FPHPA TITLE X FAMILY PLAN 78430240 93.217 333.93.21 01/01/25 03/31/25 16,966 0 16,966 SFY25 SEXUAL&REP HLTH COST SHARE 78430150 N/A 334.04.91 01/01/25 06/30/25 47,993 0 47,993 FFY25 FPHPA TITLE X FAMILY PLAN 78430250 93.217 333.93.21 04/01/25 03/31/26 17,023 21,049 38,072 SFY26 SEXUAL&REP HLTH COST SHARE 78431160 N/A 334.04.91 07/01/25 12/31/25 47,404 0 47, 404 SFY26 SEXUAL&REP HLTH COST SHARE 78431160 N/A 334.04.91 01/01/26 06/ 30/26 0 41,664 41,664 0 0 0 TOTALS 129,386 62,713 192,099 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount I Sexual and Reproductive Health Program A19 invoice vouchers submitted in a timely manner As described in Task 6: Billing must be based on SRHP)&Title X(TX)Services—excluding accompanied by an R&E workbook showing revenue Revenue and Expense a current cost analysis abortion and other surgical procedures related and expenses for the month billed and any other Reports in the Reporting approved by DOH(see to SRHP. required back-up documentation per DOH policy. Requirements section Reporting Requirements below.below). A. Comply with Washington State SRHP All reports described in Reporting Requirements Manual,federal Title X requirements and all below.As requested by DOH Exhibit A,Statement of Work Page 1 of 8 Contract Number CLH32053-Amendment 9 Page 38 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount state and federal laws.Also see Program DOH will authorize Manual,Handbook,Policy References under • Other data and documentation in format requested by payment only upon Reporting Requirements(below). DOH.(Includes copies of program and financial audits satisfactory completion and reviews including summaries conducted by other and acceptance of B. Complete required Agency Information entities.) deliverables and for Request including Title X Assurance of allowable costs as Compliance and National Provider Identifier • Site review directed by DOH SRHP. Follow-up site outlined in the statement NPI)billing numbers visits as needed until identified issues are resolved. of work and/or budget. C. Provide medical services,community SEE INVOICES and Submit documentation to DOH SRHP as requested for PAYMENTS that education and outreach,and staff training, a desk review prior to site visit. follows this table forconsistentwithstaterequirements: details. Appropriate staff and documentation readily available 1. LHJ is responsible for making sure all to DOH SRHP prior to and during site visit. staff have the knowledge to carry out Payment is limited to the the requirements of the SOW. maximum funds available for funding 2. Medical,laboratory,and other services source.DOH will related to abortion are not covered by reimburse for actual this task. allowable costs as 3. Community education services must be calculatedthe R&E seeworkbook based on the needs of the community. LHJ must have an Information& Reepportingg Requirementsuirements Education(I&E)committee with five table) 5)or more members that is broadly representative of the population or All services must be community for which materials are billed within 40 days of intended.The committee must review a the budget period,60 batch of patient-facing materials days for all other billing. annually(at least 15 products or 15%of Specific dates noted in the total number of materials,whichever Reporting Requirements, is smaller);meet at least annually and Activity 5,Revenue and establish a written record of its Expense Reports. determination.(42 CFR 59[59.6]) 4. Outreach is to ensure all populations in your community understand the services available. Focus your outreach efforts on increasing equity. Exhibit A, Statement of Work Page 2 of 8 Contract Number CLH32053-Amendment 9 Page 39 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Washington State Sexual and Reproductive Health Network priority populations are: Teens People who are uninsured or underinsured,and/or low- income(at or below 250%of the federal poverty line) Rural communities Hispanic Black,Indigenous,People of Color Extra efforts should be made to provide information and services to people who intersect with multiple priority population categories. 5. Provide all services in accordance with: DOH SRHP&Title X Manual Other state and federal requirements Reporting Requirements(see below) D. Collect,maintain,and provide data about CVR data submitted to DOH data contractor(Ahlers&The 15`h of the followingeachfamilyplanningclinicvisitasdefined Associates)electronically in a format compatible with month. Within thirty(30)in the SRH CVR Manual. Ahlers software. days of receiving1. Maintain a computer system that includes safety precautions against loss error/rejection report or of information. Data for each month request from DOH Sexual 2. Ensure data entry personnel protect and Reproductive Health confidentiality of CVR data. Corrected CVR data data manager. 3. Have ability to retrieve all information for auditing and monitoring by DOH or its designee. E. Notify DOH contract manager of all: Email briefly describing change. As needed to keepKeystaffandorganizationalchanges. information current. Proposed clinic site additions.New clinic sites must be approved by DOH before offering services supported by SRHP/Title X funding. Exhibit A, Statement of Work Page 3 of 8 Contract Number CLH32053-Amendment 9 Page 40 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Expected clinic site closures.Note: DOH may,at its sole discretion, recalculate LHJ's funding allocation if it closes a clinic site. Any other change that might affect LHJ's ability to provide the sexual and reproductive services described in this SOW. Reporting Requirements 1 Agency Information Request This information must be reported using the template April 30th during each or format provided by DOH. All signatures and forms year of this contract. DOH SRHP requires updated information from must be completed by April 30`'during each year of all members of the SRHP Network to ensure this contract. Requested information will include: AND accurate records of LHJ's organization and the services it provides. Information about your agency contacts and your As needed or requested to organization's staffing maintain accuracy of In addition,elements of this report allow DOH to A. Head of Organization information. ensure that SRHP&Title X requirements B. Head of Finance including client fees and required services are C. Medical Director met.The updated information also assists DOH D. NPI numbers used to bill Medicaid to manage this SOW and the Sexual&E. The following(one person might fill more than one Reproductive Health Network as a whole. role) a. Contract Coordinator b. Clinical representative c. Billing contact d. Outreach and education contact e. Contact for CVR data f. Contact for EHR information Information regarding sexual and reproductive health related services offered at each clinic site: A. Cost analysis: How LHJ determines what it costs to provide services.LHJ uses this to help construct its fee schedule.A cost analysis must be performed by LHJ within three years prior to the start date of this SOW.If contractor cost analysis was approved by DOH at the beginning of the contract period,LHJ does not have to resubmit unless changes are made.LHJ must email DOH contract manager informing them that no changes were made. Exhibit A,Statement of Work Page 4 of 8 Contract Number CLH32053-Amendment 9 Page 41 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount B. Sliding fee schedule that includes all services required in the SRH Manual.Additional SRH- related services as outlined in Task I may also be included on LHJ's sliding fee schedule. a. Sliding fee schedule must be based on cost analysis described above. b. Fee schedule must be resubmitted for reapproval anytime there are any significant changes,which may include changing of services,fees,etc. c. LHJ must not implement a revised fee schedule until it has been approved in writing by DOH. d. Income conversion tables must be updated Submit an updated annually and approved by DOH income conversion table by March 15 of each year Information related to current Community Outreach Plan: of the contract. LHJ's community outreach plan follows a 5-year cycle. This process must include the following steps: A. Utilize the state level priority populations,county level demographic data,and agency profile to identify unmet need in the community served. B. Determine objectives and activities to expand sexual and reproductive health to reach populations in need of services in the community served. C. Measure completion of the objectives and activities. 2 Program Updates This information must be reported using the template During quarterly check or format provided by DOH.It will include information ins and as requested by Summary of ongoing activities related to the SRH about contractor's work during current and past DOH Program.This informs quality improvement of SOWs: the Washington State SRH Network. A. Community education and outreach strategies and activities and a discussion of their effectiveness. B. Staff training. 4 Family Planning Annual Report(FPAR) Organization-level data on clinical services emailed to Data to be collected DOH SRH data manager annually through the end Information DOH is requesting to develop trend Number of:of the grant(2027). data. All information is for the calendar year A. Pap tests with an ASC or higher result January through December).The subsequent B. Pap tests with an HSIL or higher result Exhibit A,Statement of Work Page 5 of 8 Contract Number CLH32053-Amendment 9 Page 42 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount agreements sent to the agency will request that C. HIV Positive confidential tests these data be collected and reported on within the D. HIV Anonymous tests statement of work period of performance. E. FTE required to provide sexual and reproductive health services: Physicians Physician assistants+nurse practitioners+ certified nurse midwives Registered nurses with expanded scope of practice who are trained and permitted by state specific regulations to perform all aspects of the physical assessment. Financial data emailed to DOH Contract Manager R&E showing Other Revenue through the end of the grant as described below. Subsequent agreements will request that data be collected and reported on during the appropriate contract period of performance.(FPAR due 01-31 annually through 2027) 5 Clinic Visit Reports(CVRs) Clinic visit records must include all elements specified The l5'h of the following in the Clinic Visit Record(CVR)Manual available at: month. https://www.doh.wa.gov/Portals/l/Documents/Pubs/930- 139-CVRManual.pdf. Within thirty(30)days of receiving error or CVR data must be submitted to DOH data contractor rejection report or request Ahlers&Associates)electronically in a format compatible from DOH SRH data with Ahlers software. manager. Each month's CVR data Corrected CVR data 6 Revenue and Expense Reports(R&E)Completed R&E for time period that shows all revenue Invoices(A19's)and including program income)that support Task 1 SRH R&Es that support Services and all expenses related to providing those services through the end services.R&E workbook will be provided by DOH. of this contract must be A. Expenses must match General Ledger. billed following the B. Other revenue/program income must reflect revenue required deadlines: March Invoices and actually received in the reporting month. R&Es are due byAllentrieson"Other"rows must be accompanied by a May 10thdescriptionoftherevenuesourceorexpense,including any June Invoices and calculations uses. R&Es are due by August 10th December Invoices and R&Es are due by February 10th Exhibit A,Statement of Work Page 6 of 8 Contract Number CLH32053-Amendment 9 Page 43 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount All remaining months must be billed within 60 days. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance;cldoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Program Manual,Handbook,Policy References: LHJ must comply with all state,federal,DOH SRHP,and Title X requirements,policies,and regulations and with their DOH approved Agency Information Dashboard. Reference documents include: DOH SRHP Manual(DOH publication 930-122,available at 930-122-FPRHManualComplete.pdf(wa.gov)Some provisions of this manual are highlighted in this SOW, but all provisions of the manual must be complied with. Clinic Visit Record Manual(https://doh.wa.gov/sites/default/files/2024-10/930-I39-CVRManual.pdf) LHJ's approved Agency Information Request. Billing Requirements: See Payment column of Tasks and Deliverables table and R&E report description in Reporting Requirements table Billing must be based on a current cost analysis approved by DOH(see Reporting Requirements table). INVOICES AND PAYMENT: Contractor will submit invoices to the DOH Contract Manager for all amounts to be paid within 30 days of the month of service,or the submission date of deliverables with an associated cost,as specified in the Statement of Work(SOW).Refer to the SOW,Exhibit A,for invoice due dates on any budget/funding period(s)that end during the contract period of performance.DOH must receive correct and complete FINAL invoices no later than 45 days after the contract expiration date. Invoices must reference the contract number and provide detailed information as required.All invoices must be approved by DOH prior to payment;approval will not be unreasonably withheld. DOH will authorize payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in the statement of work and/or budget. DOH will return all incorrect or incomplete invoices and will not pay for services that occur outside the period of performance.The Contractor will not invoice for services if they are entitled to payment,have been,or will be paid,by any other source for that service. DOH will issue payment within 30 days of receiving a correct and complete invoice and approving the deliverable(s).Late invoices will be paid at the discretion of DOH and are contingent upon the availability of funds.Failure to submit a properly completed IRS form W-9 may result in delayed payments. Exhibit A,Statement of Work Page 7 of 8 Contract Number CLH32053-Amendment 9 Page 44 of 50 DOH reserves the right to withhold payment until: Compliance issues or a previous SOW are resolved in a way accepted by DOH. Payment is limited to the maximum funds available for funding source. DOH will reimburse for: Actual allowable costs according to your approved cost analysis(see Reporting Requirements table)and as calculated by the R&E workbook. Special Instructions: Accessibility of Services Clients must not be denied services or subjected to variation in quality of services because of inability to pay. LHJ must make sure their communities are informed of the services available. LHJ must make sure that all services provided are accessible to priority populations. o Facilities must be geographically accessible to the populations served. o As much as possible,services will be available at times convenient to those seeking services. o Clinics must comply with the Americans with Disabilities Act. o Facilities must meet applicable standards established by the Federal,State,and local governments,including local fire,building,and licensing codes. o Clinic settings must ensure respect for the privacy and dignity of the individual. Clients must be accepted on referral from any source. Services must be provided solely on a voluntary basis.Acceptance of SRH services must not be a prerequisite to eligibility for,or receipt of,services in any non-SRH programs of the LHJ. Availability of Emergency Services The LHJ must have written plans and procedures for the management of on-site medical emergencies, including emergencies that require transport and after-hours management of contraceptive emergencies.(See DOH SRH Manual) If LHJ or DOH discontinues this contract: See SRHP Manual for close out requirements and resources. Exhibit A, Statement of Work Page 8 of 8 Contract Number CLH32053-Amendment 9 Page 45 of 50 Exhibit A Statement of Work Contract Term: 2025-2027 DOH Program Name or Title: WIC Nutrition Program-Effective January 1,2025 Local Health Jurisdiction Name: Jefferson County Public Health Contract Number: CLH32053 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance Type of Payment Federal Subrecipient (check if applicable) Reimbursement Period of Performance: January 1,2025 through December 31,2027 State FFATA(Transparency Act) Fixed Price Other Research&Development Statement of Work Purpose: To provide Women,Infants,and Children(WIC)Nutrition Program services by following WIC federal regulations,WIC state office policies and procedures,WIC directives,and other rules.Refer to the Program Specific Requirements section of this document. Revision Purpose: To add funds to FFY26 WIC CLIENT SVS CONTRACTS USDA,reduce FFY25 BRSTFDG PEER CN PR MGMT USDA,and revise program specific requirements. Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY25 USDA WIC CLIENT SVS CONTRACTS 76101251 10.557 333.10.55 01/01/25 09/30/ 25 144,669 0 144,669 FFY24 BRSTFDG PEER CN PR MGMT USDA 7621424A 10.557 333.10.55 01/01/25 09/30/26 6,061 0 6,061 FFY25 BRSTFDG PEER CN PR MGMT USDA 76214250 10.557 333.10.55 01/01/25 09/30/27 22, 177 722 21,455 FFY25 FARM MKT NTR PROG MGMT USDA 76540251 10.572 333.10.57 01/01/25 09/30/25 637 0 637 FFY26 WIC CLIENT SVS CONTRACTS USDA 76101261 10.557 333.10.55 10/ 01/25 09/30/26 0 14,563 14,563 0 0 0 TOTALS 173,544 13,841 187,385 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount l WIC Nutrition Program See"Billing Requirements below. 1.1 Maintain authorized participating caseload at 100%based on Outcomes based on monthly participation Authorized participating quarterly average as determined from monthly caseload data from state WIC caseload caseload for March 2025 management reports generated at state WIC office. management reports. through September 2026-- The Department of Health(Department)State WIC Nutrition 280 Program has the option of reducing authorized participating caseload and corresponding funding when: Authorized participating 1. Unanticipated funding situations occur. caseload for March 2025 2. Reallocations are necessary to redistribute caseload through September 2026= statewide. 300 3. Caseload declines. Exhibit A,Statement of Work Page 1 of 6 Contract Number CLH32053-Amendment 9 Page 46 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount 1.2 Submit the annual Nutrition Services Plan for each year of the Nutrition Services Plan First year due 9/30/25 Payment withheld if not contract. Second year due 9/30/ 26 received by due date. Third year due 9/30/ 27 1.3 Submit the annual Nutrition Services Expenditure Report for Nutrition Services Expenditure Report 11/30/25 Payment withheld if not each year of the contract.11/30/26 received by due date. 11/30/27 1.4 Tell participants about other health services in the agency. If Documentation must be available for Biennial WIC Monitor needed,develop written agreements with other health care review by WIC monitor staff. agencies and refer participants to these services. 1.5 Provide nutrition education services to participants and Documentation must be available for Biennial WIC Monitor caregivers in accordance with federal and state requirements. review by WIC monitor staff. 1.6 Issue WIC benefits while assuring adequate WIC card security Documentation must be available for Biennial WIC Monitor and reconciliation. review by WIC monitor staff. 1.7 Collect data,maintain records,and submit reports to effectively Documentation must be available for Biennial WIC Monitor enforce the non-discrimination laws(Refer to Civil Rights review by WIC monitor staff. Assurances below). I.8a Submit entire WIC and Breastfeeding Peer Counseling Budget Budget Workbook First year due 9/30/ 25 Workbook for each year of the contract Second year due 9/30/ 26 Third year due 9/30/ 27 1.8b Submit Rev-Exp Report spreadsheet from the WIC Budget Revenue and Expense Report and A-19 First year due monthly Workbook monthly with A-19 through September 30,2025 Second year due monthly through September 30,2026 Third year due monthly through September 30.2027 2 Breastfeeding Promotion See"Billing Requirements below. 2.1 Provide breastfeeding promotion activities in accordance with Status report of chosen activities in First year due 11/30/ 25 federal and state requirements.Nutrition Services Plan. Second year due 11/30/26 Third year due 11/30/27 Documentation must be available for review by WIC monitor staff. Biennial WIC Monitor 2.2 Work with community partners to improve practices that affect Status report of chosen activities in First year due 8/30/25 breastfeeding. Choose one or more of the following projects: Nutrition Services Plan. Second year due 8/30/26 Provide staff,health care providers and community partners Third year due 8/30/27 virtual breastfeeding training resources. Documentation must be available for Work with employers who likely employ low-income review by WIC monitor staff. Biennial WIC Monitor people to create worksite environments that support breastfeeding. Exhibit A,Statement of Work Page 2 of 6 Contract Number CLH32053-Amendment 9 Page 47 of 50 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information and/or Amount Work with birthing hospitals to improve maternity care practices that affect WIC participant breastfeeding rates. Provide participants access to lactation consultants. Other projects will need pre-approval from the State WIC Office 3 Breastfeeding Peer Counseling Program(BFPC) See"Billing Requirements"below. 3.1 Provide Breastfeeding Peer Counseling Program activities in Breastfeeding Peer Counseling Annual First year due 12/31/25 accordance with federal and state requirements.The WIC Report and expenditures from the Second year due 12/31/26 Breastfeeding Peer Counseling Program is meant to enhance, previous federal fiscal year. Third year due 12/31/27 not replace,WIC Breastfeeding promotion and support activities. Documentation must be available for Biennial WIC Monitor review by WIC monitor staff. 3.2 Track Breastfeeding Peer Counseling Program expenditures and Documentation must be available for Biennial WIC Monitor bill separately from the WIC grant. review by WIC monitor staff. 4 Farmers Market Nutrition Program (FMNP) See"Billing Requirements"below. 4.1 Issue FMNP benefits to eligible WIC participants by September Document in a Family Alert that FMNP Biennial WIC Monitor 30 of the current year. benefits were issued. Set the end date to Participants have until October 31 of the current year to use October 31 of the current year for the FMNP benefits at authorized farmers markets and farm stores. alert to dismiss at the end of the season. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance(adoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Unique Entity Identifier(UEI)generated by SAM.gov. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Program Manual,Handbook,Policy References: The local agency shall be responsible for providing services according to rules,regulations and other information contained in the following: WIC Federal Regulations,USDA,and FNS 7CFR Part 246. Washington State WIC Nutrition Program Policy and Procedure Manual Exhibit A,Statement of Work Page 3 of 6 Contract Number CLH32053-Amendment 9 Page 48 of 50 Office of Management and Budget, Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR 200 Farmers Market Nutrition Program Federal Regulations,USDA,FNS 7CFR Part 248 Other directives issued during the term of the contract Staffing Requirements: The local agency shall: Use Competent Professional Authority staff,as defined by WIC policy,to determine participant eligibility,prescribe an appropriate food package and offer nutrition education based on the participants'needs. Use a Registered Dietitian(RD)or other qualified nutritionist to provide nutrition services to high risk participants,to include development of a high-risk care plan. The RD is also responsible for quality assurance of WIC nutrition services. See WIC Policy for qualifications for a Registered Dietitian and other qualified nutritionist. Assign a qualified person to be the Breastfeeding Coordinator to organize and direct local agency efforts to meet federal and state policies regarding breastfeeding promotion and support. The Breastfeeding Coordinator must be an International Board Certified Lactation Consultant or attend an intensive lactation management course, or other state approved training. Restrictions on Funds(i.e.,disallowed expenses or activities,indirect costs,etc.): The local agency shall follow the instructions found in the Policy and Procedure Manual under WIC Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards. Special References(i.e.,RCWs,WACs,etc.): What is the WIC program? 1. The WIC program in the state of Washington is administered by the Department of Health. 2. The WIC program is a federally funded program established in 1972 by an amendment to the Child Nutrition Act of 1966.The purpose of the program is to provide nutrition and health assessment;nutrition education;nutritious food;breastfeeding counseling; and referral services to pregnant,breastfeeding,and postpartum women,infants,and young children in specific risk categories. 3. Federal regulations governing the WIC program(7 CFR Part 246)require implementation of standards and procedures to guide the state's administration of the WIC program. These regulations define the rights,responsibilities,and legal procedures of WIC employees,participants,persons acting on behalf of a participant,and retailers.They are designed to promote: a. High quality nutrition services; b. Consistent application of policies and procedures for eligibility determination; c. Consistent application of policies and procedures for food benefit issuance and delivery;and d. WIC program compliance. 4. The WIC program implements policies and procedures stated in program manuals,handbooks,contracts,forms,and other program documents approved by the USDA Food and Nutrition Service. 5. The WIC program may impose sanctions against WIC participants for not following WIC program rules stated on the WIC rights and responsibilities. 6. The WIC program may impose monetary penalties against persons who misuse WIC benefits or WIC food but who are not WIC participants. Monitoring Visits(i.e.,frequency,type,etc.): Program and fiscal monitoring are done on a biennial(every two years)basis and are conducted onsite. The local agency must maintain on file and have available for review,audit and evaluation: All criteria used for certification,including information on income,nutrition risk eligibility and referrals Program requirements Nutrition education All financial records Exhibit A,Statement of Work Page 4 of 6 Contract Number CLH32053-Amendment 9 Page 49 of 50 Assurances/Certifications: 1. Computer Equipment Loaned by the Department of Health WIC Nutrition Program In order to perform WIC program activities,the Department requires computer equipment,such as computers,signature pads,document scanners,card readers and printers to be in local WIC clinics or to be transported to mobile clinics. This equipment("Loaned Equipment")is owned by the Department and loaned to the local agency(Contractor). The Loaned Equipment is supported by the Department. This equipment shall be used for WIC business only or according to WIC Policy and Procedures. An inventory of Loaned Equipment is kept by the Department. Each time Loaned Equipment is changed,the parties shall complete the Equipment Transfer Form and the Department updates the inventory. A copy of the Transfer Form will be provided to the contractor. Copies of the updated inventory list may be requested at any time. The local agency agrees to: a. Defend,protect and hold harmless the Department or any of its employees from any claims,suits or actions arising from the use of this Loaned Equipment. b. Assume responsibility for any loss or damage from abnormal wear or use,or from inappropriate storage or transportation. The Department may enforce this by: 1) Requiring reimbursement from the local agency of the value of the Loaned Equipment at the time of the loss or damage. 2) Requiring the local agency to replace the Loaned Equipment with equipment of the same type,manufacturer,and capabilities(as pre-approved by the Department),or 3) Assertion of a lien against the Contractor's property. c. Notify the Department immediately of any damage to Loaned Equipment. d. Notify the Department prior to moving or replacing any Loaned Equipment. The Department recommends Contractors carry insurance against possible loss or theft. 2. Civil Rights Assurance a. The local agency shall perform all services and duties necessary to comply with federal law in accordance with the following Civil Rights Assurance. b. "The Program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d et seq.),Title IX of the Education Amendments of 1972(20 U.S.C. 1681 et seq.),Section 504 of the Rehabilitation Act of 1973(29 U.S.C.794),Age Discrimination Act of 1975(42 U.S.C.6101 et seq.);all provisions required by the implementing regulations of the Department of Agriculture;Department of Justice Enforcement Guidelines,28 CFR 50.3 and 42;and FNS directives and guidelines,to the effect that,no person shall,on the ground of race,color,national origin,sex,age or handicap,be excluded from participation in,be denied benefits of,or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from FNS;and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. c. "By accepting this assurance,the Program applicant agrees to compile data,maintain records and submit reports as required,to permit effective enforcement of the nondiscrimination laws and permit authorized USDA personnel during normal working hours to review such records,books and accounts as needed to ascertain compliance with the nondiscrimination laws.If there are any violations of this assurance,the Department of Agriculture,Food and Nutrition Service,shall have the right to seek judicial enforcement of this assurance.This assurance is binding on the Program applicant,its successors,transferees,and assignees,as long as it receives assistance or retains possession of any assistance from the Department.The person or persons whose signatures appear on the contract are authorized to sign this assurance on behalf of the Program applicant." 3. 2CFR 200 The local agency shall comply with all the fiscal and operations requirements prescribed by the state agency as directed by Federal WIC Regulations(7CFR part 246.6),2CFR part 200,the debarment and suspension requirements of 2CFR part 200.213,if applicable,the lobbying restrictions of 2CFR part 200.245,and FNS guidelines and instructions and shall provide on a timely basis to the state agency all required information regarding fiscal and program information. Billing Requirements: 1. Definitions Contract Period: January 1,2025—December 31,2027 Contract Budget Periods: The time periods for which the funding is budgeted. There are four federal budget periods January 1,2025,through September 30,2025 Exhibit A,Statement of Work Page 5 of 6 Contract Number CLH32053-Amendment 9 Page 50 of 50 October 1,2025,through September 30,2026 October 1,2026,through September 30,2027 October 1,2027,through December 31,2027 2. Billing Information: a. Billings are submitted on an A19-IA invoice. These invoices are provided by the Department in the WIC Budget Workbook and include accounting codes for different budget categories. b. A19s are submitted monthly and must be received by the Department within 30 64 days following the close of each calendar month.Additional A19s may be submitted at any time but must be received within 45 days of the close of the federal budget period. c. Funds are allocated by budget categories and by federal budget periods(refer to the budget spreadsheet). d. Funds are encumbered or spent only during the budget period; no carry forward from previous time periods or borrowing from future time periods is allowed. e. Payments are limited to the amounts allocated for the budget period for each budget category. f. Billings are based on actual costs for completed activities.Advance payments are not allowed. Back up documentation must be retained by the local agency and available for inspection by the Department or other appropriate authorities. g. Payments will be made only for WIC approved expenditures.Refer to the Washington State WIC Nutrition Program Policy and Procedure Manual Volume 2,Chapter 4— Allowable Costs and 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. h. If billing for indirect costs,a Cost Allocation Plan or Federal Indirect Cost Agreement must be submitted prior to payment. Special Instructions: The local agency shall: 1. Maintain complete,accurate,and current accounting of all local,state,and federal program funds received and expended. 2. Provide,as necessary,a single audit in accordance with the provisions of 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards. This circular requires all recipients and sub-recipients of federal funds to have a single audit performed should they spend$750,000 or more of federal grants or awards from all sources. Contractors spending less than$750,000 in federal grants or awards may also be subject to audit. 3. Use Breastfeeding Peer Counseling(BFPC)Program funds only to support the peer counseling program. Once the program is established and peer counselors are trained,the majority of the salary costs must be paid to peer counselors to provide direct services to WIC participants. For a list of allowable costs see Volume 2,Chapter 4—Allowable Costs. The priority use of BFPC funds is to hire and train peer counselors to provide breastfeeding peer counseling services to WIC participants. SPECIAL REQUIREMENTS Contract Budget Period Time Period special requirement Amount Special Requirement Description funds are available January 1,2025—September 30, January 2025—September 2025 $2,500 For general training funds.This funding is for all WIC staff to participate in 2025 WIC-related training.Added in the USDA WIC Client Services Contracts category to cover training registrations,travel expenses,staff time to participate in training(salary/benefits for part time or contractor),and other approved training expenses. Other: Any program requirements that are not followed may be subject to corrective action and may result in monetary fines or repayment of funds. Exhibit A,Statement of Work Page 6 of 6 Contract Number CLH32053-Amendment 9 615 Sheridan Street Port Townsend, WA 98368 fle thson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator DATE: tr h '2(a SUBJECT: Agenda item — Amendment 1 to Professional Services Agreement between Jefferson County and Cascade Community Connections (Cascade) for professional services to be provided in connection with the provision of Community Inclusion Services to persons with intellectual and/or developmental disabilities in Jefferson County; July 1, 2025 - June 30, 2026 STATEMENT OF ISSUE: Jefferson County Public Health, IDD Program, requests Board approval of an amendment to increase agreement amount by $241,107.90, bringing the total amount to $454,463.70. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This increase will allow uninterrupted continuation of Community Inclusion Services for people living with intellectual and developmental disabilities in Jefferson County. Funds will also allow the County to reimburse Cascade for outcome-based incentives allowable by the Washington State Department of Social and Health Services (DSHS). DSHS is the source of these funds that are allocated to the county that must be distributed to providers of direct services. Cascade is the sole provider of direct services in Jefferson County. FISCAL IMPACT/COST BENEFIT ANALYSIS: The $241,107.90 increase in funds will come partially from a reduction in funding to a concurrent agreement with Cascade for a service called Individual Supported Employment. The increased funding will also come from unallocated direct service dollars that the county has held in reserve. The portion taken from the concurrent agreement reduction is $38,000 and the portion from the unallocated reserve is $203,107.90. 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 DD-25-059-A 1 RECOMMENDATION: JCPH management requests approval of Amendment 1 to the Professional Services Agreement with Cascade for increased funding for Community Inclusion Services. REVIEWED BY: zô 927 /A Josh))) PA1)01--)otio Peters, County Administrator Date 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 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Cascade Community Connections Contract No: DD-25-059-A1 Contract For: Community Inclusion Services, Amend 1 Term: July 1, 2025 to June 30, 2026 COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: 360- 385-7301 Contact email: bonnleo@co.jefferson.wa.us AMOUNT: $213,355. 80+additional$241,107.90 PROCESS. — Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $454,463.70 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# PH fund#127 RFP or RFQ Munis Org/Obi HDD-640 12768064 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP W ' J ' . 5.080 AND CHAPTER 42. 23 RCW. CERTIFIED: J N/A:© Feb. 18,2026 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: El N/A: Q Feb. 18,2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/20/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfichc): Electronically approved as to form by PAO on 2/20/2026. Approved w/ suggestion for future amendments: Specifically reference portion of original contact sought to be amended. In this instance, K amending original paragraph "Preamble." Reduces ambiguity. Not necessary for approval in this instance. 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 Contract Amendment#1 between Cascade Community Connections and Jefferson County Public Health Intellectual and Developmental Disabilities Program WHEREAS, Cascade Community Connections(the"Contractor") and Jefferson County(the County")entered into an agreement on July 1,2025 for Professional Services to be provided in connection with the provision of Community Inclusion Services to Persons with Intellectual/Developmental Disabilities in Jefferson County. WHEREAS,the parties desire to amend the terms of that agreement; IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. Subcontractor's contract will increase by $241,107.90 in funding; bringing the total agreement amount to $454,463.70. 2. All other terms and conditions of the agreement will remain the same. APPROVED AND ADOPTED this day of 2026. CASCADE COMMUNITY CONNECTIONS JEFFERSON COUNTY at) BOARD OF COUNTY COMMISSIONERS By: Signatur ) Greg Brotherton, Chair Taylor Webster Contractor Representative(Please print)Heather Dudley-Nollette,Member Owner/Director Title Heidi Eisenhour, Member oz/24/2016 Date Approved as to Form Only: DPA Jeremiah Luther,WSBA#611918] 02/20/2026 li C Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 1 DD-25-059-At Cascade Community Connections Community Inclusion Contract 2025-2026 Page 1 of 26 SUBCONTRACT FOR PROFESSIONAL SERVICES COMMUNITY INCLUSION SERVICES Agreement Between JEFFERSON COUNTY PUBLIC HEALTH And CASCADE COMMUNITY CONNECTIONS This agreement is made and entered into between Jefferson County Public Health(COUNTY)and Cascade Community Connections (SUBCONTRACTOR) for provision of Community Inclusion Services to persons with developmental disabilities in Jefferson County.The term of this agreement is July 1,2025 through June 30,2026.Total reimbursements under this agreement shall not exceed $213,355.80 without express written amendment. Either party upon 60 days' written notice may terminate this Contract.Termination of this Contract shall not constitute a breach. It is agreed Upon by Both Parties as Named Herein as Follows: A. PROFESSIONAL SERVICES Professional services to be provided by SUBCONTRACTOR shall include: 1) "Community Inclusion"or"CI":means individualized services provided in integrated community settings with other individuals without disabilities. The activities are based on Client interests and provide opportunities typically experienced by the general public of similar age in their local community,accessible by public transit or a reasonable commute from their home. The goal of the service is to support Clients to participate, contribute, and develop relationships with community members who are not paid staff. These services may be authorized for individuals age 62 and older.These services may be authorized in addition to or instead of employment support(Individual Employment or Group Supported Employment)for working age individuals who have received nine months of employment support,per Exhibit A-Statement of Work attached hereto. 2) Program management. B. OBLIGATIONS SUBCONTRACTOR shall fulfill the following obligations: 1) SUBCONTRACTOR shall comply with all state and federal requirements regarding the confidentiality of Client records. Client information is not disclosable to the public. Information acquired pursuant to RCW 71A.14.070 requires a signed Release of Information or a signed Oath of Confidentiality Form. 2) SUBCONTRACTOR is required provide background checks, pursuant to RCW 43. 43.830-845, RCW 74.15.030, and Chapter 388-06 WAC,which state that any prospective employee or volunteer who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,must have a background/criminal history clearance before they have unsupervised access. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. 3) A"Developmental disabilities(DD)"means a disability attributable to intellectual disability,cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. 4) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 74.34 RCW,then DDA shall deny payment DD-25-059 Cascade Community Connections Community Inclusion Contract 2025-2026 Page 2 of 26 for any subsequent services rendered by the disqualified individual provider. (The Developmental Disabilities Administration or DDA means a Division within the Department of Social and Health Services.) 5) COUNTY and its SUBCONTRACTOR are mandated reporters under RCW 74. 34.020(13)and must comply with reporting requirements described in RCW 74.34.035, .040 and Chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding, then that associated staff will be prohibited from providing services under this Program Agreement. 6) SUBCONTRACTOR is required pursuant to RCW 74.15.030,that if any prospective employee who has not resided in Washington State during the last three years, and who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,must have an F.B.I.Fingerprint Check before they have unsupervised access and before prospective employer begins working. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. 7) SUBCONTRACTOR is required to repeat the background/criminal history clearance for all employees or volunteers who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,every three years.The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance in accordance with RCW 43.43.830- 845,RCW 74.15.030 and Chapter 388-06 WAC. 8) SUBCONTRACTOR shall comply,as mandated reporters under RCW 74.34.020(11),with all state and federal requirements under RCW 74. 34.035, . 040 Abuse and neglect of Vulnerable Adults; RCW 26. 44, Abuse of Children;the WACs:275-26 Division of Developmental Disabilities Services Rules;296-24 General Safety Health; 296-62 General Occupational Health Standards; WACs: 388-828 Developmental Disabilities Administration, (DDA) Assessment; 388- 845 Home and Community Based Waivers; Definitions 0001; Criteria for HCBS Services 0030; Basic Waiver Services 0200; Basic Plus Waiver Services 0210; Core Waiver Services 0215; Community Protection Waiver Services 0220; 0600-0610 Community Access Service;Supported Employment Service 2100. 9) SUBCONTRACTOR shall comply with the following Developmental Disabilities Administration, (DDA) Policies: 3.01 Client Service Plans; 5.01 Criminal History Background Checks and Safeguarding Personal Information; 5.02 Necessary Supplemental Accommodation (NSA); 5.03 Client Complaints; 5.05 Limited English Proficiency(LEP)Clients;5.06 Client Rights;5. 13 Protections From Abuse;5.14 Positive Behavior Support;5.15 Use of Restrictive Procedures;6.08 Mandatory Reporting Requirements for Employment and Day Program Services Providers; 6.13 Employment/Day Program Provider Qualifications; 9.07 Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); 12.01 Incident Management; 13.04 DRW Access Agreement,and Counts Guide to Achieve DDA sGuidiilu Values. 10) The COUNTY staff who performs on-site evaluations of SUBCONTRACTOR work sites, will promptly report to DSHS per DDA Policy 5.13,Protection from Abuse: Mandatory Reporting, if: a) They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect (as defined in RCW 74.34.020) of a person who has a developmental disability (as defined in RCW 71 A.10.020)has occurred,and, b) If they have reason to suspect that sexual or physical assault of such a person has occurred,they shall also immediately report to the appropriate law enforcement agency. 11) SUBCONTRACTOR shall comply with the following referenced documents found at DDA Internet site https://www.dshs.wa.gov/dth/county-best-practices under"Counties": a) DDA Policy 4.11,County Services for Working Age Adults; b) WAC 388-850, WAC 388-828, WAC 388-845-0001, 0030, 0205,0210,0215,0220,0600-0610, 1200- 1210, 1400-1410,2100,2110;and, c) Criteria for Evaluation: htips.I‘}w« dahs wa gcw sites`detaultilileslDDA/dda`documents'Criteria%20for°020Evalu„itiori°02020 21-2023.docx Cascade Community Connections Community Inclusion Contract 2025-2026 Page 3 of 26 12) SUBCONTRACTOR shall meet the definition of Quality Assurance,by adherence to all Program Agreement requirements and reasonably expected levels of performance,quality,and practice by adherence to: a) DDA Policy 6.13,Employment/Day Program Provider Qualifications, hops://www.dshLwa.govtdda/policies-and-ruiesipolicy-manual; b) County Guide to Achieve DDA's Guiding Values; c) PDA_Guidelines for Community As cssments within Employment Vocational Programs: 13) The DRW Access Agreement with DDA, assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement. The Access Agreement covers DRW's access to individuals with developmental disabilities, to clients, to programs and records, to outreach activities, to authority to investigate allegations of abuse,neglect,and other miscellaneous matters,and it is binding for all providers of DDA contracted services. 14) SUBCONTRACTOR shall have written policies regarding sexual harassment and non-discrimination(said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants;regarding agency medication procedure;regarding respectful staff-to-participant interactions(i.e.: including a person's right to be treated with dignity and respect free of abuse). 15) SUBCONTRACTOR shall have a County approved grievance policy for clients that: a) Is explained to clients and others in accordance with DDA Policy 5.02, Necessary Supplemental Accommodation; hops:1./www.dshs.wagoisitcsideibu It/fi les,IDDA/ddaidocumen 'policy/po tcv5.01pol' b) Negotiates conflicts; c) States advocates are available and clients are encouraged to bring advocates to help negotiate; d) Provides a mediation process using someone who is unaffected by the outcome if conflicts remain unresolved a DDA Case Resource Manager may be included as an alternative option; (A DDA Case Resource Manager(CRM)"means a case manager for DDA Clients); e) Prohibits retaliation for using the grievance process;and f) Includes a process for tracking and reporting grievance. 16) SUBCONTRACTOR shall assure that clients and others,in accordance with DDA Policy 5.06,Client Rights, have been informed of their rights, what services and benefits may be expected from the program, the program's expectations of them,and if necessary,the client's family,guardian or advocate is also informed. hitps:/fwwsw.dshs.wa.gov/sites!default/ftlessDDA/ddatdocurnenIsfpolicv pnlicv5.06.pdf 17) SUBCONTRACTOR shall assure that they have policies that protect individual rights; include but are not limited: a) Respectful staff-to-client interactions b) A person's right to be treated with dignity,respect and free of abuse; c) A person's right to privacy;and d) Safeguarding personal information. 18) SUBCONTRACTOR shall obtain and retain in the client's files signed proof of client's and/or family's review of all policies, provider expectation, and receipt of information about services and benefits to be provided by the program.The signed proof required by this section shall be reviewed and renewed,with new documentation,annually. 19) SUBCONTRACTOR will encourage participant involvement in policy development. 20) SUBCONTRACTOR shall update Client Intake Forms every 6 months during the Client Review meeting. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 4 of 26 21) SUBCONTRACTOR shall assure potential conflict of interest,real or apparent,will not arise. Such a conflict will arise when: The employee, officer or agent, any member of immediate family, Guardian / decision maker,or an organization that employs or is about to employ any of the above has financial or other interest in the client(s). 22) SUBCONTRACTOR shall have adequate staffing ratios and patterns to maintain quality and safety. 23) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal,state and local fire,health,and safety regulations. 24) SUBCONTRACTOR shall make sure that all incidents involving injury,health or safety issues are reported to DDA and the County;reference DDA Policy 6.08, Mandatory Reporting Requirements for Employment and Day Program Services Providers. https:/?w .dshs.wa.gcw/sites/defatrlltitiles DDA/dda/documents/policylpolicy6.08.pdf 25) SUBCONTRACTOR shall track and analyze incident reports for potential trends and patterns. 26) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. 27) SUBCONTRACTOR shall provide evidence that it employs typical safety protection based upon the environment the client is working or receiving services in. 28) The COUNTY and all SUBCONTRACTORS are mandated reporters under RCW 74.34.020(11);Abuse of Vulnerable Adults littps<<`mps.leg.wugovrRC Wttle#ikuJt.ospr,'citc-=74.3=and Chapter 26.44 RCW;Abuse of Children.All parties must comply with reporting requirements described in RCW 74.34. 035, 040 and Chapter 26.44 and must adhere to DDA Policy, 6.08 Mandatory Reporting Requirements for Employment and Day Program Service Providers. All service provider employees, contractors, and volunteers are mandatory reporters and must report every incident of observed,reported, or suspected abuse, improper use of restraint, neglect, self-neglect,personal or financial exploitation, abandonment and/or mistreatment of clients. 29) The Phases&Billable Activities document defines the individual Client services that DDA reimburses. That document is located on the DSHS DDA County Best Practices Web site at https://www.dshs.wa.gov/dda/county-best-practices. 30) SUBCONTRACTOR is required to maintain the following minimum organizational capacity in order to meet the performance standards set forth in this agreement. Failure or inability of SUBCONTRACTOR to meet any or all of these minimum capacity requirements,as determined solely by COUNTY,may be cause for termination of this agreement as provided herein. a) Accreditation: SUBCONTRACTOR must be able to demonstrate conformance to Commission on Accreditation of Rehabilitation Facilities (CARF) standards for quality assurance and CARF accreditation. b) Confidentiality:SUBCONTRACTOR shall protect and maintain all Confidential Information gained by reason of the Program Agreement against unauthorized use,access,disclosure,modification or loss.This duty requires the COUNTY to employ reasonable security measures,which includes restricting access to Confidential Information by following,DDA—Data Security Requirements. 31) Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10(hitps:f ocio.0 a.ttov/policies)of the Office of the Chief Information Officer for the state of Washington,and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here:https:.Avu V..dslts.wa aov,lsa>central-umtract-service ike-epinv,-dshs- cetit-atgrmaliou-prroje-apci-sgsure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 32) Administrative Controls. The Contractor must have the following controls in place: a) A documented security policy governing the secure use of its computer network and systems,and which defines sanctions that may be applied to Contractor staff for violating that policy. Cascade Community Connections Community Inclusion Contract 2025- 2026 Page 5 of 26 b) If the Data shared under this agreement is classified as Category 4 data,the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c) If Confidential Information shared under this agreement is classified as Category 4 data,the Contractor must have a documented risk assessment for the system(s)housing the Category 4 Data. 33) Authorization,Authentication,and Access. In order to ensure that access to the Data is limited to authorized staff,the Contractor must: a) Have documented policies and procedures governing access to systems with the shared Data. b) Restrict access through administrative,physical,and technical controls to authorized staff. c) Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non-repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d) Ensure that only authorized users are capable of accessing the Data. e) Ensure that an employee's access to the Data is removed immediately: 1. Upon suspected compromise of the user credentials. 2. When their employment, or the contract under which the Data is made available to them, is terminated. 3. When they no longer need access to the Data to fulfill the requirements of the contract. f) Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. g) When accessing the Data from within the Contractor's network(the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network,including: 1. A minimum length of 8 characters,and containing at least three of the following character classes: uppercase letters,lowercase letters,numerals,and special characters such as an asterisk,ampersand, or exclamation point. 2. That a password does not contain a user's name,logon ID,or any form of their full name. 3. That a password does not consist of a single dictionary word. A password may be formed as a passphrase,which consists of multiple dictionary words. 4. That passwords are significantly different from the previous four passwords. h) When accessing Confidential Information from an external location(the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: 1. Ensuring mitigations applied to the system do not allow end-user modification. Examples would include but not be limited to installing key loggers, malicious software, or any software that will compromise DSHS data. 2. Not allowing the use of dial-up connections. 3. Using industry standard protocols and solutions for remote access. Examples include,but are not limited to RADIUS Microsoft Remote Desktop(RDP)and Citrix. 4. Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet,which is not a Trusted Network. 5. Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than 30 minutes of inactivity. 6. Ensuring use of Multi-factor Authentication to connect from the external end point to the internal end point.All Contractors must be in compliance by 6/30/2020. i) Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric(fingerprint, face recognition, iris scan) or token(software,hardware, smart card,etc.)in that case: 1. The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor 2. Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) Cascade Community Connections Community Inclusion Contract 2025-2026 Page 6 of 26 3. Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) j) If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: 1. Be a minimum of six alphanumeric characters. 2. Contain at least three unique character classes(upper case,lower case,letter,number). 3. Not contain more than a three consecutive character run.Passcodes consisting of 12345,or abcdl2 would not be acceptable. k) Render the device unusable after a maximum of 10 failed logon attempts. 34) Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a) Hard disk drives. For Data stored on local workstation hard disks,access to the Data will be restricted to Authorized User(s)by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. b) Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders,access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key,card key,combination lock,or comparable mechanism. For DSHS Confidential Information stored on these disks,deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section(31)Data Disposition,may be deferred until the disks are retired,replaced,or otherwise taken out of the Secure Area. c) Optical discs(CDs or DVDs)in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose,such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel,with access controlled through use of a key,card key,combination lock, or comparable mechanism. d) Optical discs(CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel,with access controlled through use of a key,card key,combination lock,or comparable mechanism. e) Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. f) Remote Access. Access to and use of the Data over the State Governmental Network(SGN)or Secure Access Washington(SAW)will be controlled by DSHS staff who will issue authentication credentials e.g.a Unique User ID and Hardened Password)to Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor,and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g) Data storage on portable devices or media. 1. Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized,the Data shall be given the following protections: Cascade Community Connections Community Inclusion Contract 2025-2026 Page 7 of 26 a. Encrypt the Data. b. Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. c. Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. d. Apply administrative and physical security controls to Portable Devices and Portable Media by: i. Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared,and iii. Taking frequent inventories. 2. When being transported outside of a Secure Area,Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data,even if the Data is encrypted. h) Data stored for backup purposes. 1. DSHS Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. 2. Data may be stored on non-portable media(e.g. Storage Area Network drives,virtual media,etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so,such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it,the data will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. i) Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: 1. DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: a. Contractor has written procedures in place governing use of the Cloud storage and Contractor attest to the contact listed in the contract and keep a copy of that attestation for your records in writing that all such procedures will be uniformly followed. b. The Data will be Encrypted while within the Contractor network. c. The Data will remain Encrypted during transmission to the Cloud. d. The Data will remain Encrypted at all times while residing within the Cloud storage solution. e. The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor. f. The Data will not be downloaded to non-authorized systems,meaning systems that are not on the contractor network. g. The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within the contractor's network. 2. Data will not be stored on an Enterprise Cloud storage solution unless either: a. The Cloud storage Provider is treated as any other Sub-Contractor,and agrees in writing to all of the requirements within this exhibit;or, b. The Cloud storage solution used is HIPAA compliant. 3. If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act(HIPAA),the Cloud Provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 35) System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a) Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b) The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 8 of 26 c) Systems containing DSHS Data shall have an Anti-Malware application,if available,installed. d) Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses,will be no more than one update behind current. 36) Data Segregation. a) DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. I. DSHS Data will be kept on media(e.g.hard disk,optical disc,tape,etc.)which will contain no non- DSHS Data. 2. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. 3. DSHS Data will be stored in a database which will contain no non-DSHS data.And/or, 4. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. 5. When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer,folder,or other container. b) When it is not feasible or practical to segregate DSHS Data from non-DSHS data,then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 37) Data Disposition.When the contracted work has been completed or when the DSHS Data is no longer needed, except as noted above in Section (30. b.)DSHS Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks,or Using a"wipe"utility which will overwrite the Removable media(e.g.floppies,USB flash drives, Data at least three(3)times using either random or portable hard disks)excluding optical discs single character data,or Degaussing sufficiently to ensure that the Data cannot be reconstructed,or Physically destroying the disk Paper documents with sensitive or Confidential Recycling through a contracted firm,provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential On-site shredding,pulping,incineration,or Information requiring special handling(e.g. contractor protected health information) Optical discs(e.g.CDs or DVDs) Incineration,shredding,or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding 38) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by laws. 39) Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor,the Contract with the subcontractor must include all of the data security provisions within this Cascade Community Connections Community Inclusion Contract 2025- 2026 Page 9 of 26 Contract and within any amendments,attachments,or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract,then the contract with the sub-Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. 40) Notification of Compromise or Potential Compromise.The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery If no DSHS Contact is designated in the Contract,then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. 41) SUBCONTRACTOR shall provide the following: a) Equal Access: SUBCONTRACTOR will assure equal access to persons who do not speak or have limited ability to speak,read,or write English well enough to understand and communicate effectively reference: DDA Policy 5.05, Limited English Proficient (LEP) Clients). Inips://www.dths.wa,govisitoidefault/filesIDDAitkiaid/default/files/DDAitkia/d cuments,polic /puhcy5.05.pdf b) Financial and Program Management:SUBCONTRACTOR will maintain an administrative/organizational structure that clearly defines responsibilities; systems and personnel to maintain accounting records that accurately reflect all program revenues and expenditures; prepare monthly statements of activity(ADSA Reports);maintain appropriate client service records and progress reports;and track key program performance indicators. c) Participants: SUBCONTRACTOR has a commitment to support integration of individuals with developmental disabilities with people who are not disabled and has involved participants with developmental disabilities in policy development. d) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including Employers, other Agencies, the COUNTY DD Program, the Division of Vocational Rehabilitation(DVR),and the Schools. e) Performance Plan: SUBCONTRACTOR has a written performance plan which describes program objectives, expected outcomes, how and when objectives will be accomplished, and that the plan is evaluated at least biennially and revised based on actual performance. The performance plan must include performance indicators that address diversity, equity and inclusion efforts. Document progress on performance indicators identified in DDA Policy 6.13,Provider Qualifications for Employment and Day Program Services. baps://www.dshs.wa.gov/sitesidetauIt/files/DDA/ddaidocumentstj_olicy/ olicv6.13,pdt' f) Quality Assurance Plan: SUBCONTRACTOR has a written quality assurance plan that evaluates Client progress every 6 months by looking at: 1. Looking at Quantitative-(Data)vs.Qualitative-(Narrative) g) The COUNTY'S Service Evaluation System: shall serve as the method by which current Providers demonstrate that they continue to be qualified as Providers. A copy of the COUNTY'S Service Evaluation System shall be provided upon request,to DDA for review. h) Internal Control Systems:SUBCONTRACTOR will have an administrative/organizational structure that clearly defines responsibilities. 1. SUBCONTRACTOR has sufficient policies and procedures for establishment and maintenance of adequate internal control systems. 2. SUBCONTRACTOR will maintain written policy procedural manuals for information systems, personnel, and accounting/finance in sufficient detail such that operations can continue should staffing change or prolonged absences occur. 3. SUBCONTRACTOR will date all policies when they are implemented or date they are revised. i) Qualified Staff: SUBCONTRACTOR will provide adequate, qualified staff with skills and experience in evaluation, training, supervision, counseling and support of adults with developmental disabilities who are earning wages,per the attached Statement of Work. 1. SUBCONTRACTOR will assure that all direct service staff are trained and has experience in accordance with DDA Policy 6.13 and that training is documented. 2. SUBCONTRACTOR will assure that each employee has a current (within three years) DSHS background check in accordance with RCW 43.43.830-845,RCW 74.15.030 and WAC 388-825. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 10 of 26 3. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications upon request. j) Safety: SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. k) Integration:Employment and day services must show evidence that the agency adheres to the Medicaid Home and Community Based settings(HCBS)requirements of 42CFR 441 530(a)(1),including that 1. The setting is integrated in the greater community and supports individuals to have full access to the greater community; 2. Ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS; 3. The setting provides opportunities to seek employment and work in competitive integrated settings; and 4. The setting facilitates individual choice regarding services and supports,and who provides them. 42) SUBCONTRACTOR shall identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services.These settings are presumed not to be home and community-based. 43) SUBCONTRACTOR shall provide an Adult Community Inclusion Plan that identifies and addresses the individualized goals and support needs for each client.Plans must consider individualization,integration and safety. a) The Community Inclusion Plan will: 1. Be developed by the SUBCONTRACTOR in collaboration with the COUNTY, the Client, their DDA Case Manager, Residential Staff, Guardian/Family Members and others as appropriate (the team). 2. Initial plans will be completed within 60 days from date of service authorization and must be signed by the participant and their guardian if any. 3. Copies of the initial and subsequent revised plans will be distributed as appropriate to all team members. 4. Plans will be reviewed and signed annually. b) The Community Inclusion Report Plans will also include the information listed below: 1. Current date: 2. Timeline for the Plan 3. Client's name:first and last 4. Client ADSA ID 5. The client's skills,gifts,interests,and preferred activities 6. The Community Inclusion goal. The goal needs to relate to one or more of the following(per the County Guide to Achieve Developmental Disability Administration Guiding Values): htips://www.dshs,wa,govisitesidefaultiftlesiDDAidda'doe uments/C'ounty"0_2(1Ciuz e°020Guid mg?6. 20Values%2020 1 8.docx a. Identify integrated community places where the individual's interest, culture,talent, and gifts can be contributed and shared with others with similar interests b. Identify clubs,associations,and organizations where the individual can be a member and have decision-making capacities c. Identify opportunities where the individual can contribute to the community by participating in new and interesting activities or activities the individual enjoys d. Building and strengthening relationships between family members and members of the local community,who are not paid to be with the person e. The Support Assessment subscale that most relates to the goal (Community Living, Lifelong Learning,Employment,Health&Safety,Social,and Protection&advocacy) f. Measurable strategies(action steps and supports)to meet the goal g. Identification of persons and/or entities available to assist the client in reaching their long-term goal h. Identification of other accommodations, adaptive equipment, and/or conditions critical to achieve the goal Cascade Community Connections Community Inclusion Contract 2025-2026 Page 11 of 26 44) SUBCONTRACTOR will assure that each client is assisted to participate in typical and integrated activities, events and organizations in the client's neighborhood or local community in ways similar to others of same age. 45) The SUBCONTRACTOR will assure that all services relate to the client's individually identified goal(s)as outlined in their plan. 46) SUBCONTRACTOR will assure that each client is assisted to take part in activities on an individualized basis. 47) SUBCONTRACTOR will assure that each client is provided the opportunity for connection and relationship building between the client and people without disabilities and who are not paid to provide services to the client.This also includes the development of natural supports and fading of paid staff support. 48) SUBCONTRACTOR will assure that each client's service activities and the outcome of those activities are documented. 49) The SUBCONTRACTOR will invite the COUNTY to all six-month client meetings at least 20 days before the meeting occurs. 50) The SUBCONTRACTOR will provide six- month progress reports describing the progress made towards achieving the client's goal, service activities and the outcome of those activities will be provided by the service provider to the Case Resource Manager,client,and/or guardian if any within 30 days following the six-month period. 51) The SUBCONTRACTOR will document all services that relate to the participant's individually identified goal(s)as outlined in their six-month plan. 52) The SUBCONTRACTOR shall report any injury or accident that requires more than simple first aid,and any extraordinary incident that requires intervention by the SUBCONTRACTOR to the DSHS/DDA Case Manager for the individual involved, and then report the injury, accident, or extraordinary incident to the COUNTY Coordinator. This includes serious physical or emotional harm or potential harm. a) Incidents involving injury,health or safety issues are reported to DDA and the County reference DDA 1?ciijcv 6.08._1=9and atury/r'p<,arl:0 .1f quirem t„fra Gm{te err ent and Day Program Strtlqa Providers_, b) The initial report to the COUNTY may be done via documented telephone calls to the COUNTY Coordinator. c) The SUBCONTRACTOR shall submit a written follow-up report within 10 days to the COUNTY Coordinator. The report to the COUNTY Coordinator may be submitted by email, facsimile(FAX)to 360-385-9401, or by mail to Jefferson COUNTY Public Health 615 Sheridan Port Townsend, WA 98368. d) Serious and emergent incidents shall be handled in accordance with DSHS/DDA Policy 12.01,Incident Management. e) Incident reports are tracked and analyzed for potential trends and patterns. f) Mandatory reporting is done in accordance with Chapter 74 34 RCW, I hu f I u r/err/'! t daadrs and to lrrilater 26,44 RCCV', t b/ y c? (l2/Idi t. 53) SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health and safety regulations and the following: a) All services for persons with developmental disabilities must be provided with attention to their health and safety. b) Current policies address confidential/private information for participant and their documents. c) Current emergency contact and medical information(medications,diet,allergies,etc.)needed during the hours of service is readily available for each participant. 54) Make available for inspection, review, or audit by COUNTY DD Coordinator at all reasonable times: all work sites;all client records;records on productivity and client wages;and all documents,reports,and other Cascade Community Connections Community Inclusion Contract 2025-2026 Page 12 of 26 data applicable to this agreement. The COUNTY shall monitor services delivered,and conduct at least one on-site visit with SUBCONTRACTOR during the period of this biennium to assure compliance with the DDA State Work Order. 55) Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide (a) company (b) program financial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. 56) AUDIT REQUIREMENTS. Independent Audit will be submitted annually to the Jefferson COUNTY DD COUNTY Coordinator in the following manner: a) SUBCONTRACTOR must be able to maintain,account for and manage public funds in compliance with Generally Accepted Accounting Principles "GAAP" provide financial statements within nine months subsequent to the close of the subcontractor's fiscal year. An agency, for-profit or non-profit, who receives in excess of$100,000 in DDA funds during its fiscal year from the County, shall provide Certified Public Accountant reviewed or audited financial statements. Copies of the audit and management letter shall be submitted to the Jefferson COUNTY Public Health within 9 months of the end of the SUBCONTRACTOR'S fiscal year. b) The SUBCONTRACTOR shall provide an independent audit of the entire organization which: 1. Is performed by an independent Certified Public Accountant,the Washington State Auditor's Office, or another entity the COUNTY and the SUBCONTRACTOR mutually approve. 2. 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 OBM Circular A-133 or A-128,as applicable. 3. The SUBCONTRACTOR shall submit one (2) copies of the audit and/or the summary and the management letter directly to the COUNTY immediately upon completion. The audit must be accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. 57) If the COUNTY Coordinator finds indications of potential non-compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out of compliance with any of the terms or conditions of this contract,the following process will be pursued: a) Informal Notification: Informal process wherein the COUNTY Coordinator alerts the SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is reached within ten(10)days. b) Official Notification:If the informal notification does not result in resolution,the official notification of possible non-compliance to establish a date, within ten (10) working days of notification, when representatives of the COUNTY and the SUBCONTRACTOR shall meet to discuss areas of contention and attempt to resolve the issues. c) Written Summary: Within ten(10)working days of such official notification,the COUNTY will provide the SUBCONTRACTOR a written summary of the areas of non-compliance by certified mail. Notice shall be sent to the address identified in the Agreement. d) Discussion: Within twenty(20)days of the date of the written summary,a discussion between COUNTY and SUBCONTRACTOR shall be conducted to resolve areas of non-compliance or potential non- compliance. e) Should the above procedures fail to resolve the compliance issue,the parties will obtain the services of the Peninsula Dispute Resolution Center,or another agreed upon resource,and shall share equally in any retainer fees or other costs of services. If no agreement is reached,the mediator's decision in the matter will be binding on all parties,except that in no event will the COUNTY honor a financial determination that is greater than the funds allowed in the scope of this Agreement. 58) For six years following the end date of this agreement,SUBCONTRACTOR will maintain client records and books, records, documents, reports and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect expenditures of funds provided under this agreement. Cascade Community Connections Community Inclusion Contract 2025- 2026 Page 13 of 26 59) Client records shall minimally include statement of client goals,documentation of training provided,training hours,routine progress notes and semi-annual summary of progress toward meeting client goals. 60) SUBCONTRACTOR will provide COUNTY with Adult Community Inclusion Plans(or Person-Centered Plan/Profile),client goals,and a summary of progress towards meeting those goals on a bi-annual basis. 61) Make available for inspection, review, or audit by COUNTY DD Coordinator at all reasonable times: all client records;and all documents,reports,and other data applicable to this agreement. 62) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. 63) SUBCONTRACTOR agrees to assign to COUNTY its Medicaid Billing Rights for services to clients eligible under Title XIX programs. Written documentation shall be available to COUNTY on request. If SUBCONTRACTOR contracts directly with DSHS to provide covered services under Title XIX,COUNTY agrees that funding intended for those clients shall be excluded from this agreement. If SUBCONTRACTOR contracts directly with Social Security to provide covered services under a PASS/IRWE, COUNTY agrees that funding intended for those clients shall be excluded from this agreement. C. REIMBURSEMENTS 1) For said services rendered under this agreement,COUNTY shall reimburse SUBCONTRACTOR$66.08 per unit of service,as defined in Exhibit A,Statement of Work. 2) SUBCONTRACTOR will bill COUNTY on a monthly basis,on or before the 5th day of the month,for units of service provided under this agreement during the preceding month. SUBCONTRACTOR will submit a Monthly DDA Services Report(ADSA)form for its billings.At no time shall the invoices for reimbursement be submitted more than 60 calendar days following the last day of the month for which the services were provided. 3) COUNTY may, at its option, withhold reimbursement for any month for which required reports have not been received or are inaccurate and/or complete. 4) Total reimbursements for the fiscal year of 2025-2026 to the SUBCONTRACTOR by the COUNTY under this contract shall not exceed$213,355.80 in completion of these services without express written amendment signed by both parties to this Agreement. Work performed between July 1,2025 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. This total reimbursement includes any amendment within the fiscal year of 2025-2026. D. DEBARMENT By signing this Agreement,the SUBCONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). The SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which it enters,and also agrees that it will not employ debarred individuals. The SUBCONTRACTOR must immediately notify the County if, during the term of this Agreement, the SUBCONTRACTOR becomes debarred. The County may immediately terminate this Agreement by providing the SUBCONTRACTOR written notice,if the SUBCONTRACTOR becomes debarred during the term of this Agreement. E. FUNDING WITHDRAWN,REDUCED OR LIMITED If the COUNTY determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement, then the COUNT,at its sole discretion,may: (1)Terminate this agreement;(2)Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend the SUBCONTRACTOR's performance under this Agreement upon five (5)business days' advance notice to the SUBCONTRACTOR, if the COUNTY determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow the SUBCONTRACTOR's performance to resume prior to the normal completion date of this Agreement. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 14 of 26 F. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR If overpayments or erroneous payments have been made to the SUBCONTRACTOR under this Agreement, the COUNTY will provide notice to the SUBCONTRACTOR and the SUBCONTRACTOR shall refund the full amount of the overpayment within thirty(30)calendar days of the notice. If the SUBCONTRACTOR fails to make timely refund,the COUNTY may charge the SUBCONTRACTOR one percent(1%)per month on the amount due,until paid in full. G. RECORDS AND DOCUMENTS REVIEW 1) The SUBCONTRACTOR must maintain books,records,documents,magnetic media,receipts, invoices or other evidence relating to this Agreement and the performance of the services rendered, along with accounting procedures and practices,all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.At no additional cost,these records,including materials generated under this Agreement,are subject at all reasonable times to inspection,review,or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation,or agreement. 2) The SUBCONTRACTOR must retain such records for a period of six(6)years after the date of final payment under this Agreement. 3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation,claims,or audit findings involving the records have been resolved. H. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. 1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement,the SUBCONTRACTOR shall submit a Monitoring Certification using the form attached as Exhibit B for purposes of the County performing the risk assessment of the SUBCONTRACTOR and compliance monitoring of this Agreement that is required under the Program Agreement. I.MISCELLANEOUS 1) DSHS Developmental Disabilities Administration (DDA) shall determine client eligibility and service referral are the responsibility of the DDA pursuant to Chapter 388-823 WAC(Eligibility)and Chapter 388- 825 WAC (Service Rules). Only persons referred by DDA shall be eligible for direct Client services under this Program Agreement. It is DDA's responsibility to determine and authorize the appropriate direct service(s) type. Direct Client services provided without authorization are not reimbursable under this Program Agreement. 2) DSHS Developmental Disabilities Administration(DDA) shall notify COUNTY of persons authorized for services reimbursed under this agreement. Only persons referred to COUNTY by DDA through a County Service Authorization,(CSA)shall be eligible for services reimbursed under this agreement. 3) The SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent SUBCONTRACTOR.Any and all employees of the SUBCONTRACTOR,or other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement, shall be considered employees of the SUBCONTRACTOR only,and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the SUBCONTRACTOR. 4) The SUBCONTRACTOR 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. 5) The SUBCONTRACTOR, by signature to this Agreement, certifies that the SUBCONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement, or any Agreement by any Federal department or agency. The SUBCONTRACTOR also agrees to include the above requirement to all subcontracts into which it enters. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 15 of 26 6) The SUBCONTRACTOR shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48:05: a) Worker's compensation and employer's liability insurance as required by the State of Washington. b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$1,000,000 each occurrence with the COUNTY named as an additional insured in connection with the SUBCONTRACTOR'S performance of the contract. c) General Commercial Liability Insurance in an amount not less than a single limit of one million dollars 1,000, 000.00)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: 1. Broad Form Property Damage,with no employee exclusion a. Personal Injury Liability,including extended bodily injury b. Broad Form ContractuaUCommercial Liability-including completed operations c. Premises-Operations Liability(M&C) d. Independent Contractors and Subcontractors e. Blanket Contractual Liability 7) All employees or subcontractors of the SUBCONTRACTOR who are required to be professionally certified by the State in the performance of services under this agreement shall maintain professional liability insurance in the amount of not less than one million dollars($1,000,000). In no case shall such professional liability to third parties be limited in any way. 8) It shall be the responsibility of the SUBCONTRACTOR to ensure that any and all persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement,shall comply with the same insurance requirements that SUBCONTRACTOR is required to meet. 9) Failure on the part of the SUBCONTRACTOR to maintain the insurance as required shall constitute a material breach of contract upon which the COUNTY may, after giving five working days' notice to the SUBCONTRACTOR to correct the breach,immediately terminate the contract or,at its discretion,procure or renew such insurance and pay any and all premiums there with,with any sums so expended to be repaid to the COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due the SUBCONTRACTOR from the COUNTY. 10) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 11) Excepting the Workers Compensation insurance and any professional liability insurance secured by the SUBCONTRACTOR,the COUNTY will be named on all certificates of insurance as an additional insured. The SUBCONTRACTOR shall furnish the COUNTY with verification of insurance and endorsements required by this Agreement. The COUNTY reserves the right to require complete, certified copies of all required insurance policies at any time. 12) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The SUBCONTRACTOR shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall be primary to any equivalent or applicable policies held by the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall include a waiver of subrogation rights. Any insurance self-insured retention,deductible or risk retention maintained,or participated in,by the COUNTY shall be excess and shall be non-contributory to the insurance policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract. All policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 16 of 26 13) The COUNTY will pay no progress payments under Section C until the SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive;and the COUNTY may take such other action as is available to them under other provisions of this Agreement,or otherwise in law. 14) Nothing in the foregoing insurance requirements shall prevent the COUNTY,at its option,from additionally requesting that the SUBCONTRACTOR deliver to the COUNTY an executed bond as security for the faithful performance of this contract and for payment of all obligations of the SUBCONTRACTOR. 15) The SUBCONTRACTOR shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson COUNTY,WA. 16) The SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries Minimum Wage Act,RCW 49.46,acknowledging persons with disabilities participating in job assessments are not considered employees. 17) The Contractor shall defend, indemnify and hold the County, its officers, officials, employees,agents and volunteers (and their marital communities) harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts,errors or omissions of the Contractor in performance of this Agreement,except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.1 15 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, agents and volunteers(and their marital communities)the Contractor's liability, including the duty and cost to defend, shall be only for the Contractor's negligence. It is further specifically understood that the indemnification provided constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.This waiver has been mutually negotiated by the parties.This section shall survive the expiration or termination of this Agreement. 18) Claims against the COUNTY shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered there under,constitutes an infringement of any copyright,patent,trademark,trade name,or otherwise results in an unfair trade practice or an unlawful restraint of competition. 19) The SUBCONTRACTOR specifically assumes potential liability for actions brought against the COUNTY by SUBCONTRACTOR'S employees, including all other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement and, solely for the purpose of this indemnification and defense, the SUBCONTRACTOR specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The SUBCONTRACTOR recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. 20) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race,religion,color,sex,age,or national origin. 21) COUNTY reserves the right to terminate this contract in whole or in part,without prior written notice,in the event that contractual terms are not fulfilled,or if expected or actual funding from the Department of Social and Health Services Division of Developmental Disabilities is withdrawn,reduced,or limited in any way after the effective date of this agreement. In the event of termination under this clause,COUNTY shall be liable only for payment for services rendered prior to the effective date of termination. 22) No portion of this contract may be assigned or subcontracted to any other individual,firm,or entity without the express and prior written approval of COUNTY.If the COUNTY agrees in writing that all or a portion of this Contract may be subcontracted to a third-party, then any contract or agreement between the SUBCONTRACTOR and a third-party subcontractor must contain all provisions of this Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this agreement. 23) The parties agree that: a) No representation or promise not expressly contained in this Agreement has been made. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 17 of 26 b) They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied,which is not expressly contained in this Agreement. c) This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral,within the scope of this Agreement. 24) 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. 25) 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. 26) The Contractor shall not sell,assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 27) 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. 28) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. 29) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. 30) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31) Notwithstanding any provisions of this Agreement to the contrary,to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act,Chapter 42.56 RCW(as may be amended),the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records,within the time frames and parameters set forth in state law. The Contractor also agrees that upon receipt of any written public record request,the Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. APPROVED AND ADOPTED this ) day of /14 j(t"Y''2025. SIGNATURES FOLLOW ON NEXT PAGE) Cascade Community Connections Community Inclusion Contract 2025-2026 Page 18 of 26 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON CASCADE COMMUNITY CONNECTIONS Board of County Commissioners Jefferson County,Washington By. U By: .1 Heidi Eise Chair Taylor ebster B f Title: Owner/Director reg Broth on,Commissioner C*---' P/1, 4 Date: /O IJ//ZDZ,v By: Heather * dl ollette,Commissioner SEAL: 0,,,,, slomRr A`' . FFRS0'*. ATTEST:Z: ~ ' 2Ji 11/1,11 6 , ilk''' ". Ie Caro l l allaway, 1. I I,,',•Clerk f e Board 4'}Approved as Lo fo r only:V. il,i ,/.;- for 08/ 22/2025 llhilip C. Hunsucker. Date Chief Civil Deputy Cascade Community Connections Community Inclusion Contract 2025-2026 Page 19 of 26 EXHIBIT A STATEMENT OF WORK COMMUNITY INCLUSION I.WORK STATEMENT SUBCONTRACTOR shall provide Community Inclusion services for program clients as described hereinafter. SUBCONTRACTOR shall be reimbursed for such services on a unit of service basis, pursuant to Section E., Reimbursements,of this contract. Community Inclusion"or"CI":means individualized services provided in integrated community settings with other individuals without disabilities. The activities are based on Client interests and provide opportunities typically experienced by the general public of similar age in their local community,accessible by public transit or a reasonable commute from their home. The goal of the service is to support Clients to participate, contribute, and develop relationships with community members who are not paid staff. These services may be authorized for individuals age 62 and older. These services may be authorized in addition to or instead of employment support (Individual Employment or Group Supported Employment)for working age individuals who have received nine months of employment support. II. PROGRAM DESCRIPTION A. Program Goals 1. Transfer or reduction of specialized supports as a result of increased personal independence and/or community support systems. 2. Frequent opportunities to participate in community social, recreational, commercial, and/or volunteer/contribution activities also utilized by peer's/community members without disabilities. 3. Assisting individuals to participate in activities that promote individualized skill development, independent living,and Community Inclusion. 4. Activities that provide individuals with opportunities to develop personal relationships with others in their local communities and to learn to practice and apply life skills that promotes greater independence and community inclusion. 5. Development of social contacts,friendships,and support systems with people without disabilities. 6. Frequent outings on an individual basis away from their home setting. 7. An opportunity to acquire supplemental training in a volunteer/job situation to enhance versatility and individualized education/self-advocacy skill development necessary for new tasks in order to address growth and interaction needs. B. Definitions 1. Community Inclusion is: an opportunity to experience choice,power,and status in the community an opportunity to build relationships,to contribute and,to feel a sense of belonging to the community a opportunities to learn,to practice and apply life skills that promotes greater independence and community inclusion an opportunity to access generic resources with peers without disabilities an opportunity to access volunteer opportunities in order to enhance versatility Cascade Community Connections Community Inclusion Contract 2025-2026 Page 20 of 26 an opportunity for self-advocacy and skill development for new tasks,and to contribute to the community C. Program Requirements 1.SUBCONTRACTOR shall provide Community Inclusion Services. These services, as defined in Section II.B above&are in the Community Inclusion Billable Activities Form. 2.SUCONTRACTOR shall provide Monthly Community Inclusion service support hours that are based on the Client's Community Inclusion service level per WAC 388-828-9310. 3.SUBCONTRACTOR will assure that the initial Community Inclusion Plan and all 6-month Reports, adhere to the criteria detailed in this contract. 4.SUBCONTRACTOR shall provide an Individual Program Plan and/or Person-Centered planning/profiles delineating individual skills and needs within 30 days of the beginning of services with all program clients. The SUBCONTRACTOR will use the Community Inclusion Plan Report Form, which will serve as an aid in matching program clients to appropriate services in the community;and will serve as a transition tool towards the advancement of the individual's increased personal independence in the community;an opportunity to build relationships;to contribute and to feel a sense of belonging to the community, while accessing volunteer opportunities in order to enhance versatility and develops skills necessary for new tasks. 5.SUBCONTRACTOR shall provide evidence that volunteer opportunities comply with U.S. Department of Labor standards and applicable state standards. trips: Pi ww.dol.Y,ovjs tesidoli,,ov I 1c T1Aw1lDlletwec il lest vvhdlsl4a.pdf ltttps.tAvv,w.dol t4ov forstideIocalgovcnttnents_him 6.SUBCONTRACTOR shall schedule a six-month review of meetings for all program participants. The review shall include an assessment of the need for continued Community Inclusion services and an evaluation of the Individual Program plan goals and objectives in the form of a Semi-Annual Progress Report. The SUBCONTRACTOR shall use the Community Inclusion Plan Report Form, to report on the semi-annual progress of the client. 7.The 6-month Community Inclusion progress reports shall demonstrate the implementation strategy, client goals,and how the individual is advancing towards meeting the outcomes of his or her goals; training provided and a written synopsis showing progress toward meeting objectives or a description of the reasons for any shortfall concerning the outcomes and proposed actions for correction. 8.COUNTY shall receive the dates for the 6-month reviews for program clients 20 days before the required meetings. 9.SUBCONTRACTOR will assure that 6-month progress reports describe the service activities and outcomes of those activities by documenting them in each Client's progress reports; and that the reports are sent to the COUNTY, DDA Case Management,Residential Provider, Parent/Guardian and others as appropriate. The report will summarize the progress made towards the Client's individualized goals. 10. The SUBCONTRACTOR will use the Community Inclusion Report Form, to report on the six- month progress of the client. I I. The SUBCONTRACTOR will review Quality Assurance questions during each six-month review. 12. The frequency of the Semi-Annual Progress Reports for this contractual period will be one every six(6)months after the initial plan. 13. SUBCONTRACTOR will contact every Client according to Client need and at least once per month. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 21 of 26 14. Services shall promote the use of natural supports, which means personal associations and relationships typically developed in the community that enhance the quality and security of life for people,including but not limited to friendships reflecting the diversity of the neighborhood and the community, associations with fellow students in community classes, and associations developed through participation in clubs,organizations,and civic activities. 15. Evidence that the opportunity is provided for connection and relationship building between the participant and people without disabilities who are not paid to provide services to the participant. 16. Community Inclusion services will focus on activities that are typically experienced by the general public. Evidence that each participant is assisted to participate in typical and integrated activities, events and organizations in the individual's neighborhood or local community in ways similar to others of same age. Support to participate in segregated activities and/or specialized activities will not be reimbursed. 17. Services shall provide support to those individuals wishing to seek volunteer activities;such as using public transportation, assisting with referrals to the appropriate agencies, and other agreed upon vocationally related goals in preparation for volunteering. 18. The SUBCONTRACTOR shall provide coordination of activities to develop a diverse schedule of activities based on the client's needs and interests as connected to their Community Inclusion Program plan.Each participant is assisted to take part in activities on an individualized basis. 19. The SUBCONTRACTOR shall provide Community Inclusion services in the community that promote and achieve: a) health and safety, b) a positive image, c) relationships, d) increased competence, e) individualized skill-building f) and other expected benefits of Community Inclusion. 20. The SUBCONTRACTOR shall assess and document in the Community Inclusion Plan Report Form each participant's transportation needs. The Provider shall assist each participant to access public or specialized transportation for some activities sponsored as a part of Community Inclusion services. It is expected that public or specialized transportation will be utilized,except as detailed in the transportation plan.The cost of transportation is included in the fee for service that a Provider receives. 21. Program participants must be authorized for service by the Developmental Disabilities Administration(DDA)and referred to the COUNTY. Only persons referred to COUNTY by DDA through a County Service Authorization, (CSA) shall be eligible for services reimbursed under this agreement. 22. A client receiving Community Inclusion services will not receive Employment services simultaneously. 23. A client receiving Community Inclusion services may at any time choose to leave Community Inclusion to pursue work and to receive Individual Employment services. 24. If a client is not satisfied with employment services after nine (9) months in an employment program,(an unsuccessful job search),the client may choose Community Inclusion services. 25. SUBCONTRACTOR must ensure there is a legal requirement and a clear delineation for staff qualifications and proof of background criminal history clearance in accordance with RCW 43.43.830-845 and RCW 74.15.030 and Chapter 388-06 WAC on all staff. 26. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented trainings upon request. Cascade Community Connections Community Inclusion Contract 2025- 2026 Page 22 of 26 27. SUBCONTRACTOR shall submit a written Program Staff Training Plan to COUNTY for approval or disapproval within 30 days of the effective date of this agreement,semi-annually thereafter or when reorganization occurs,which minimally includes: a) SUBCONTRACTOR's procedure to train new direct service staff,training must include, DDA Policies&Competencies(see Section C-Number 23-29) RCW's & WAC's referenced on page 1 & 2 of the County Contract under Section B. Obligations agency policies&procedures skills on how to instruct/teach clients skills on how to document data collection,daily/weekly notes,&6-month reports in client files b) skills on how to write Community Inclusion Client Plans and/or Person-Centered Plans(creating client goals/objectives) c) SUBCONTRACTOR's plan to provide staff who are skilled in applying training techniques to enhance the work-related skills of program clients d) b t'h levels,job descriptions,and organization chart pertaining to program staff e) SUBCONTRACTOR is required to send four direct service staff to a minimum of 16 hours of workshops,trainings, and/or conferences about developmental disabilities. The COUNTY will reimburse the SUBCONTRACTOR at the rate of$40.00 an hour for every hour of training accessed for direct service staff(not more than a total of$640.00 for each staff person or 2,560.00 total). 28. SUBCONTRACTOR must assure new staff are informed specifically of all agency policies/procedures and have documentation that assures all direct service staff 18 years of age or older are trained in the following DDA Policies Prior to Working with Clients: ADA training,APS Reporting Requirements, client confidentiality, current individual instruction and Action StepsNocational Plans for each client with whom the employee works;DDA Policy 4.11 Working Age Adult(adult services only);DDA Policy 5.06 Client Rights;DDA Policy 5.13 Protection from Abuse,Mandatory Reporting; DDA Policy 12.0 Incident Management. 29. SUBCONTRACTOR must ensure that new direct service staff demonstrate the following competencies: a) Values that support the abilities of individuals b) Effective Communication—The ability to effectively listen and to make oneself understood c) Planning methods d) Crisis Prevention and Intervention 30. Within one month of employment: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Overview of DDA Policies including: DDA Policy 3.01 Service Plans;DDA Policy 5.03 Client Complaints;DDA Policy 5.17 Physical Intervention Techniques; DDA Policy 6.13 Employment/Day Program Provider Qualifications; DDA Policy 13.04 DRW Access Agreement; DDA Policy 15.03 Community Protection Standards for Employment/Day Programs;and all reporting requirements related to these DDA Policies. 31. Within stx months of employment: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Program skill development, DDA Policy 5.02 Necessary Supplemental Accommodation;DDA Policy 5.14 Positive Behavior Support; DDA Policy 5.15 Use of Restrictive Procedures; DDA Policy 9.07 HIV and AIDS and Program Skill Development. 32. SUBCONTRACTOR will have signed documentation that staff training took place within the timelines listed above in Section C-Number 26-30. 33. Within 30 days of the effective date of this agreement, and annually thereafter, SUBCONTRACTOR will develop and submit to COUNTY a Community Inclusion program- Cascade Community Connections Community Inclusion Contract 2025-2026 Page 23 of 26 operating budget detailing the projected allocation of contract funds,other sources and amounts of funding,program staffing expenses and other cost allocations. Within 30 days of the effective date of this agreement and at least semi-annually thereafter,SUBCONTRACTOR will provide company and program operating financial reports to COUNTY,including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. 34. Every six months, SUBCONTRACTOR will develop and submit to COUNTY, Community Inclusion financial reports reflecting the actual revenues received and expenses incurred compared to the projected program budget submitted,along with the overall operating budget. D. Performance Standards SUBCONTRACTOR shall provide Community Inclusion services for up to three program clients who are authorized for service by DSHS/DDA and have been referred by COUNTY. E. Service Level Guidelines 1. Client Acuity is determined through the DDA assessment. Acuity reflects conditions typically related to individual disabilities that are not likely to change, and are generally not impacted by outside factors.Client acuity is determined as"High","Medium",or"Low"as defined within WAC 388-828. 2. Prior to beginning service or prior to an expected change in service, the provider will clearly communicate to the Client and the County the maximum service hours per month the Client can expect to receive. Service changes will not occur until the Client has received proper notification from DDA. a) That services the client is receiving relate to the client's Individual Habilitation Plan (LHP) ICF/ID), PASRR Level II Assessment, DDA Assessment including the Person-Centered Service Plan(PCSP)and/or Individualized Family Service Plan(IFSP). b) The Client's DDA Plan is the driver for service.The County Service Authorization and updated Planned Rates information will not exceed the Client's DDA County Service Authorization CSA). c) The amount of service the Client receives should match with the County Service Authorization CSA)and updated Planned Rates information d) All Clients will have an individualized plan to identify Client's preferences. Minimum plan elements are outlined in the reference document"Criteria for an Evaluation." A copy of the Client's individualized plan will be provided to their CRM,guardian and others as appropriate. e) A copy of the current annual DDA Assessment,Service Summary,and Employment Summary or PASRR Level II Assessment or IHP or IFSP if applicable,will be maintained in the client's file. 3. Service Level Guidelines reflect Client Acuity and other considerations, (see Table below); the assigned support levels typically reflect direct service staff time provided to or on behalf of the client on an individual basis, to participate in age-appropriate community activities similar to those without disabilities. Allowable activities are defined in the Community Inclusion Billable Activities document. 4. The expectation is that all hours reported are documented specific to the client,authorized and relate to the goals and supports outlined within the client's Community Inclusion Plan. COMMUNITY INCLUSION-ASSIGNED SERVICE LEVEL- Monthly Support HOURS ACUITY LEVEL Monthly Support Hours Level A Up to 3 hours Level B Up to 6 hours Cascade Community Connections Community Inclusion Contract 2025-2026 Page 24 of 26 Level C Up to 9 hours Level D Up to 12 hours Level E Up to 15 hours Level F Up to 18 hours Level G Up to 20 hours F. Community Inclusion Unit of Service 1. One UNIT of Community Inclusion service is defmed as one(1)or more"HOUR"of direct service or ASSIGNED SERVICE LEVEL to one eligible client. A UNIT is defmed as an"HOUR"which is at least fifty(50)minutes of direct service;(partial hour to the quarter may be recorded),ten(10)minutes of every"HOUR"can be used for documentation and/or meeting times. 2. Community Inclusion service support hours per month will be based on the client's Community Inclusion Acuity Level per WAC. 3.SUBCONTRACTOR will provide a UNIT of service at$66.08 an HOUR. Cascade Community Connections Community Inclusion Contract 2025-2026 Page 25 of 26 EXHIBIT B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: DD-25-059 DATE: /0,//0-02-(S NAME OF SUBRECIPIENT: Cascade Community Connections/Taylor Webster By signing below,I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred,suspended,proposed for o// /zozs debarment,declared ineligible,or voluntarily excluded from transactions by any Federal,State,or local department or agency Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a io/ib/zozs civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State,or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property Subrecipient has not within a 3-year period preceding the submission of V s/tb/w s this Compliance and Risk Monitoring Form one or more public transactions(Federal,State,or local)terminated for cause or default Subrecipient has provided all written reports required by the Agency o/ib/zozs Contract and this Subrecipient Agreement as of the submission of this V Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it from any government agency since the last certification for its performance o/'4/1"r4- related to the Program Agreement Subrecipient certifies that all of the deliverables and other work i% /zozs required since the last certification have been completed All the work being billed for in the invoice being certified by this ro/i6/zoz5- Compliance and Risk Monitoring Form actually has been performed, V including any timesheet or other backup o/( / Subrecipient agrees to submit to an audit within 30 days of a request from the County Subrecipient has corrected any deficiencies identified since the last A%4/204 certification V Signed at Port Townsend Washington CITY STATE Cascade Community Connections Community Inclusion Contract 2025- 2026 Page 26 of 26 c1h+14..' 0//0.02,5- SUBRECIPIENT SIGNATURE DATE Taylor Webster WRI i l'EN NAME OF PERSON SIGNING CERTIFICATION AP' VED BY HE COUNTY: ll( T/COUNTY APPROVALSIGNATURE DA WRITTEN NAME OF PERSON APPROVING CERTIFICATION 615 Sheridan Street Port Townsend, WA 98368 c9eehson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator DATE: Aa7&; SUBJECT: Agenda item — Amendment 1 to Professional Services Agreement between Jefferson County and Cascade Community Connections (Cascade) for professional services to be provided in connection with the provision of Group Supported Employment to persons with intellectual and/or developmental disabilities in Jefferson County; July 1, 2025 - June 30, 2026 STATEMENT OF ISSUE: Jefferson County Public Health, IDD Program, requests Board approval of an amendment to increase agreement amount by $6,000, bringing the total amount to $77,803.90. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This increase will allow for uninterrupted continuation of Group Supported Employment services for people experiencing intellectual and/or developmental disabilities in Jefferson County. FISCAL IMPACT/COST BENEFIT ANALYSIS: The funds to support this increase will draw from a portion of a correlating reduction in funds from a concurrent agreement with Cascade for a service called Individual Supported Employment. RECOMMENDATION: JCPH management requests approval of Amendment 1 to the Professional Services Agreement with Cascade for increase funding for Group Supported Employment services. REVIEWED BY: 91e 7/d-6- Josh-6. Peters, County Administrator Date 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 DD-025-058-AI CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Cascade Community Connections Contract No: DD-25-058-A1 Contract For: Group Employment Services Amend 1 Term: July 1, 2025 to June 30, 2026 COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: 360-385-7301 Contact email: bonnieo@co.jefferson.wa.us AMOUNT: Add'I $6000 for total of$77,803.90 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# PH fund#127 RFP or RFQ Munis Org/Obj HDD-640 12768064 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO CE W 55.080J AND CHAPTER 42.23 RCW. CERTIFIED: 1 7 N/A:© Feb 18,2026 ig ure Date STEP 2: DEPARTMENT CERTIFIES THE I'ERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BE N DEBA D Y ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: n N/A: ® Feb 18,2026 Si:grfature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/20/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/20/2026. Approved w/ suggestion for future amendments: Specifically reference portion of original contact sought to be amended. In this instance, K amending original paragraph "Preamble." Reduces ambiguity. Not necessary for approval in this instance. 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 Contract Amendment#1 between Cascade Community Connections and Jefferson County Public Health Intellectual and Developmental Disabilities Program WHEREAS, Cascade Community Connections(the"Contractor") and Jefferson County (the County")entered into an agreement on July 1,2025 for Professional Services to be provided in connection with the provision of Group Supported Employment Services to Persons with Intellectual/Developmental Disabilities in Jefferson County. WHEREAS,the parties desire to amend the terms of that agreement; IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. Subcontractor's contract will be increased by $6,000 in funding;for a total of 77,803.90. 2. All other terms and conditions of the agreement will remain the same. APPROVED AND ADOPTED this day of 2026. CASCADE COMMUNITY CONNECTIONS JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS By: Signature) Greg Brotherton, Chair Taylor Webster Contractor Representative (Please print)Heather Dudley-Nollette, Member Owner/Director Title Heidi Eisenhour, Member 02- 7/2-/?1JZ O Date Approved as to Form Only: DPA Jeremiah Luther,WSBA#611918] gto02/20/2026 C. Hunsucker, Date hie it Deputy Prosecuting Attorney 1 DD-25-058-A 1 Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 1 of 29 SUBCONTRACT FOR PROFESSIONAL SERVICES GROUP SUPPORTED EMPLOYMENT SERVICES Agreement Between JEFFERSON COUNTY PUBLIC HEALTH And CASCADE COMMUNITY CONNECTIONS This agreement is made and entered into between Jefferson COUNTY Public Health (COUNTY) and Cascade Community Connections (SUBCONTRACTOR) for provision of Group Supported Employment Services to persons who experience intellectual and or developmental disabilities in Jefferson County.The term of this agreement is July 1, 2025 through June 30,2026. Total reimbursements under this agreement shall not exceed$71,803.90 without express written amendment signed by both parties. Either party, upon 60-day written notice, may terminate this agreement. Termination of this agreement shall not constitute a breach. It is agreed Upon by Both Parties as Named Herein as Follows: A. PROFESSIONAL SERVICES Professional services to be provided by SUBCONTRACTOR shall include: 1) "Group Supported Employment" or"GSE": services are a part of an individual's pathway to integrated jobs in typical community employment. These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight(8)workers with disabilities in the same setting. The service outcome is sustained paid employment leading to further career development in integrated employment at or above minimum wage. Examples include enclaves, mobile crews, and other business models employing small groups of workers with disabilities in integrated employment in community setting Program management; (per the Individual E;tnplo'ment Phases& Billable Activities & Group Supported Employment Service Guidelines Minimum Expectations 2013 ).Specific service deliverables are delineated in Exhibit A—Statement of Work attached hereto. 2) Program management. B. OBLIGATIONS SUBCONTRACTOR shall fulfill the following obligations: 1) SUBCONTRACTOR shall comply with all state and federal requirements regarding the confidentiality of Client records. Client information is not disclosable to the public. Information acquired pursuant to RCW 71A.14.070 requires a signed Release of Information or a signed Oath of Confidentiality Form. 2) SUBCONTRACTOR is required to assure that each employee has a current (within three years) DSHS background check in accordance with RCW 13.13.830-845, RCW 74.15.030 and WAC 388-825. Any prospective employee or volunteer who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment, or involvement with the business or organization,must have a background/criminal history clearance before they have unsupervised access. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. 3) A"Developmental disabilities(DD)"means a disability attributable to intellectual disability,cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual. 4) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 74. 34 RCW,then DDCS shall deny payment DD-25-058 Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 2 of 29 for any subsequent services rendered by the disqualified individual Provider. (The Developmental Disabilities Administration or DDCS means a Division within the Department of Social and Health Services.) 5) COUNTY and its SUBCONTRACTOR are mandated reporters under RCW 74.34.020(13)and must comply with reporting requirements described in RCW 74.34.035, .040 and Chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding, then that associated staff will be prohibited from providing services under this Program Agreement. 6) SUBCONTRACTOR is required pursuant to RCW 74.15.030;that if any prospective employee who has not resided in Washington State during the last three years; who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization;must have an F.B.I.Fingerprint Check before they have unsupervised access and before the prospective employer begins working. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. 7) SUBCONTRACTOR is required to repeat the background/criminal history clearance for all employees or volunteers who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,every three years.The DSHS Background Check Central Unit (BCCU) must be utilized to obtain background clearance in accordance with RCW 43.43.830-845,RCW 74.15.030 and Chapter 388-06 WAC. 8) SUBCONTRACTOR shall comply,as mandated reporters under RCW 74.34.020(11),with all state and federal requirements under RCW 74.34.035, .040 Abuse and neglect of Vulnerable Adults; RCW 26. 44, Abuse of Children;the WACs:275-26 Division of Developmental Disabilities Services Rules;296-24 General Safety Health; 296-62 General Occupational Health Standards; WACs: 388-828 Developmental Disabilities Administration, (DDCS) Assessment; 388-845 Home and Community Based Waivers; Definitions 0001; Criteria for HCBS Services 0030; Basic Waiver Services 0200; Basic Plus Waiver Services 0210; Core Waiver Services 0215; Community Protection Waiver Services 0220; 0600-0610 Community Access Service;Supported Employment Service 2100. 9) SUBCONTRACTOR shall comply with the following Developmental Disabilities Administration, (DDCS) Policies: 3.01 Client Service Plans; 5.01 Criminal History Background Checks and Safeguarding Personal Information; 5.02 Necessary Supplemental Accommodation (NSA); 5.03 Client Complaints; 5.05 Limited English Proficiency(LEP)Clients;5.06 Client Rights;5.13 Protections From Abuse;5.14 Positive Behavior Support;5.15 Use of Restrictive Procedures; 6.08 Mandatory Reporting Requirements for Employment and Day Program Services Providers; 6.13 Employment/Day Program Provider Qualifications; 9.07 Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); 12.01 Incident Management; 13.04 DRW Access Agreement,and Cowinmy C3uide to Achieve.DDCS's t"iuidant ' jues. 10) The COUNTY staff who performs on-site evaluations of SUBCONTRACTOR work sites, will promptly report to DSHS per DDCS Policy 5.13,Protection from Abuse: Mandatory Reporting, if: a) They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect (as defined in RCW 74.34.020) of a person who has a developmental disability (as defined in RCW 71A.10.020)has occurred,and, b) If they have reason to suspect that sexual or physical assault of such a person has occurred,they shall also immediately report to the appropriate law enforcement agency. 11) SUBCONTRACTOR shall comply with the following referenced documents found at DDCS Internet site https: v www.dshs.wagov/DDCS/county-best-practices under"Counties": a) DDCS Policy 4.11,County Services for Working Age Adults; b) Chapter WAC 388-850, chapter 388-828 WAC, WAC 388-845-0001, 0030, 0210, 0215, 0220, 0600- 0610, 1030-1040,2100, 2110; c) Criteria for Evaluation; Pittlss://w w.-dstts.ova.govrsites/default1fiiesiDDCS/DDCSidocuments//Criteria%20for%20Evaluation°o 20202 1-2023.docx Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 3 of 29 12) SUBCONTRACTOR shall meet the definition of Quality Assurance,by adherence to all Program Agreement requirements and reasonably expected levels of performance,quality,and practice by adherence to: a) DDCS Policy 6.13,Employment/Day Program Provider Qualifications, https:liwww.dshs.wa.gov°,'DDC'S;pol icies-and-toles=policy-manual; b) County Guido to Achieve DDCS's Guiding Value ; c) DDCS Guidelines for Community Assessments within Employment and Vocational Proeratte, 13) The DRW Access Agreement with DDCS; assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement; Disability Rights Washington (formerly Washington Protection and A lvocacy Svstem Access Agreement. The Access Agreement covers DRW's access to individuals with developmental disabilities, to Clients, to programs and records, to outreach activities, to authority to investigate allegations of abuse,neglect,and other miscellaneous matters,and it is binding for all Providers of DDCS contracted services. 14) SUBCONTRACTOR shall have written policies that protect individual rights that include but are not limited to; sexual harassment and non-discrimination(said policies must guarantee human/civil rights); a person's right to privacy, safeguarding personal information; abuse of participants; agency medication procedure; respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect and free of abuse)and respectful client to client interactions. 15) SUBCONTRACTOR shall have a County approved grievance policy for clients that: a) Is explained to clients and others in accordance with DDCS Policy 5.02,Necessary Supplemental Accommodation; ltt[psa www.c#slis.Ova.goy'sites;default'(ilesiDDCS'ODCSItiocuments!policy/policy5.02.pdf b) Negotiates conflicts; c) States advocates are available and clients are encouraged to bring advocates to help negotiate; d) Provides a mediation process using someone who is unaffected by the outcome if conflicts remain unresolved a DDCS Case Resource Manager may be included as an alternative option;(A DDCS Case Resource Manager(CRM)"means a case manager for DDCS Clients) e) Prohibits retaliation for using the grievance process;and f) Includes a process for tracking and reporting grievance 16) SUBCONTRACTOR shall assure that clients and others, in accordance with DDCS Policy 5.06, Client Rights, have been informed of their rights, what services and benefits may be expected from the program, the program's expectations of them, and if necessary, the client's family, guardian or advocate is also informed.https:/twmwd5hs.wa.e.ovsites/default'files DDCSiDDCS/documents,'policy/policv5.06.pcf 17) SUBCONTRACTOR shall assure that they have policies that protect individual rights; include but are not limited: a) Respectful staff-to-client interactions b) A person's right to be treated with dignity,respect and free of abuse; c) A person's right to privacy;and d) Safeguarding personal information. 18) SUBCONTRACTOR shall obtain and retain in the Clients'files signed proof of Client and/or family's review of all policies,Provider expectations, and receipt of information about services and benefits to be provided by the program. The signed proof required by this section shall be reviewed and renewed, with new documentation,annually. 19) SUBCONTRACTOR will encourage participant involvement in policy development. 20) SUBCONTRACTOR shall update Client Intake Forms every 6 months during the Client Review meeting. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 4 of 29 21) SUBCONTRACTOR shall assure potential conflict of interest,real or apparent,will not arise. Such a conflict will arise when: The employee, officer or agent, any member of immediate family, Guardian / decision maker,or an organization that employs or is about to employ any of the above has financial or other interest in the Client(s). 22) SUBCONTRACTOR shall have adequate staffing ratios and patterns to maintain quality and safety. 23) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal,state and local fire,health,and safety regulations. 24) SUBCONTRACTOR shall make sure that all incidents involving injury,health or safety issues are reported to DDCS and the County;reference DDCS Policy 6.08,Mandatory Reporting Requirements for Employment Providers. httRs'14taNV i hs.wa.;yvisitesitlefau s/DDC SIDOC Sidoc umentsipolicy polio: f t)P_pol 25) SUBCONTRACTOR shall track and analyze incident reports for potential trends and patterns. 26) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. 27) SUBCONTRACTOR shall provide evidence that it employs typical safety protection based upon the environment the client is working or receiving services in. 28) The COUNTY and all SUBCONTRACTORS are mandated reporters under RCW 74. 34.020(11);Abuse of Vulnerable Adults I tapst'apps g wp,.goV r RC,Nikdeli It tip0cFitt.._7_4,31 and Chapter 26.44 RCW;Abuse of Children.All parties must comply with reporting requirements described in RCW 74.34.035,040 and Chapter 26.44 and must adhere to DDCS Policy,6.08 Mandatory Reporting Requirements for Employment and Day Program Service Providers. All service provider employees, contractors, and volunteers are mandatory reporters and must report every incident of observed,reported, or suspected abuse, improper use of restraint, neglect, self-neglect,personal or financial exploitation, abandonment and/or mistreatment of clients. 29) The Phases & Billable Activities document defines the individual Client services that DDCS reimburses. ll ttps., 1 es d'hs:A'a..oiDDCSIcount‘ best practices 30) For Group Supported Employment(GSE),Clients must have paid work. The total number of direct service staff hours provided to the group should be equal to or greater than the group's collective amount of individual support monthly base hours. If the direct service staff hours are less than the collective amount,then the provider will be reimbursed only for the number of hours staff actually provided. a) The collective group's individual hours should be the minimum staff hours delivered to support the group. b) A GSE client must be on-site/at work at least their base individual hours as a minimum per month.If a client is not on-site/at work for all of their base hours,the county should verify that the provider delivered the collective group's individual hours to the group. (What was the number of staff hours provided to the group during the month. If it was less than the collective group's total, the provider can only bill for the staff hours that were provided). c) A GSE agency may not bill for a GSE client who does not receive services during an entire service month. d) A GSE agency must have a record of which staff is supporting which clients on any given day. e) A GSE agency must have supportive documentation that provides clear evidence of support helping with specific activities as identified in the client plan to move a client on their pathway towards their employment goal(s). f) Running a GSE service is a part of the business operation and not billable to individuals (contract procurement,contract maintenance,or administration functions associated with GSE). Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 5 of 29 g) Individual time in the community working towards the individual employment goal, separate from the group time, must include phase information (refer to rjrlovntent PharG3s Billable fctit•ttiorc-see Phases 1—4 for element/activity description-). The Individual Employment Phases& Billable Activities document defines the Client services that DDCS reimburses. 31) SUBCONTRACTOR is required to maintain the following minimum organizational capacity in order to meet the performance standards set forth in this agreement. Failure or inability of SUBCONTRACTOR to meet any or all of these minimum capacity requirements,as determined solely by COUNTY,may be cause for termination of this agreement as provided herein. a) Accreditation: SUBCONTRACTOR must be able to demonstrate conformance to Commission on Accreditation of Rehabilitation Facilities (CARF) standards for quality assurance and CARF accreditation. a) Confidentiality: SUBCONTRACTOR shall protect and maintain all Confidential Information gained by reason of the Program Agreement against unauthorized use, access,disclosure,modification or loss.This duty requires the COUNTY to employ reasonable security measures,which includes restricting access to Confidential Information by following,DDCS—Data Security Requirements. 32) Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10(https-/A cio.wa.,gov/ppl irks)of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: http !."1,vvvIA dohs cv t;goy rsa.c.anmmtr l contractservices/keeptt isth 4lient- inronnation-private-and-secure,which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 33) Administrative Controls. The Contractor must have the following controls in place: a) A documented security policy governing the secure use of its computer network and systems,and which defines sanctions that may be applied to Contractor staff for violating that policy. b) If the Data shared under this agreement is classified as Category 4 data,the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c) If Confidential Information shared under this agreement is classified as Category 4 data,the Contractor must have a documented risk assessment for the system(s)housing the Category 4 Data. 34) Authorization,Authentication,and Access. In order to ensure that access to the Data is limited to authorized staff,the Contractor must: a) Have documented policies and procedures governing access to systems with the shared Data. b) Restrict access through administrative,physical,and technical controls to authorized staff. c) Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non-repudiation,it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d) Ensure that only authorized users are capable of accessing the Data. e) Ensure that an employee's access to the Data is removed immediately: 1) Upon suspected compromise of the user credentials. 2) When their employment, or the contract under which the Data is made available to them, is terminated. 3) When they no longer need access to the Data to fulfill the requirements of the contract. 0 Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. g) When accessing the Data from within the Contractor's network (the Data stays within the Contractor's network at all times),enforce password and logon requirements for users within the Contractor's network, including: Cascade Community Connections-Group Supported Employment-Contract 2025- 2026 Page 6 of 29 1) A minimum length of 8 characters,and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand,or exclamation point. 2) That a password does not contain a user's name,logon ID,or any form of their full name. 3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase,which consists of multiple dictionary words. 4) That passwords are significantly different from the previous four passwords. h) When accessing Confidential Information from an external location(the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: 1) Ensuring mitigations applied to the system do not allow end-user modification. Examples would include but not be limited to installing key loggers,malicious software, or any software that will compromise DSHS data. 2) Not allowing the use of dial-up connections. 3) Using industry standard protocols and solutions for remote access. Examples include,but are not limited to RADIUS Microsoft Remote Desktop(RDP)and Citrix. 4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet,which is not a Trusted Network. 5) Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than 30 minutes of inactivity. 6) Ensuring use of Multi-factor Authentication to connect from the external end point to the internal end point.All Contractors must be in compliance by 6/30/2020. i) Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism,such as a biometric(fingerprint,face recognition,iris scan)or token(software,hardware,smart card,etc.)in that case: 1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor 2) Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) 3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) j) If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: 1) Be a minimum of six alphanumeric characters. 2) Contain at least three unique character classes(upper case,lower case,letter,number). 3) Not contain more than a three consecutive character run.Passcodes consisting of 12345,or abcdl2 would not be acceptable. k) Render the device unusable after a maximum of 10 failed logon attempts. 35) Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a) Hard disk drives. For Data stored on local workstation hard disks,access to the Data will be restricted to Authorized User(s)by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. b) Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders,access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key,card key,combination lock,or comparable mechanism. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 7 of 29 For DSHS Confidential Information stored on these disks,deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section(31)Data Disposition, may be deferred until the disks are retired,replaced,or otherwise taken out of the Secure Area. c) Optical discs(CDs or DVDs)in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose,such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel,with access controlled through use of a key, card key,combination lock, or comparable mechanism. d) Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel,with access controlled through use of a key, card key,combination lock,or comparable mechanism. e) Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. f) Remote Access. Access to and use of the Data over the State Governmental Network(SGN)or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials e.g.a Unique User ID and Hardened Password)to Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g) Data storage on portable devices or media. 1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized,the Data shall be given the following protections: 2) Encrypt the Data. 3) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. 4) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity,if this feature is available. Maximum period of inactivity is 20 minutes. 5) Apply administrative and physical security controls to Portable Devices and Portable Media by: i. Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared,and iii. Taking frequent inventories. 6) When being transported outside of a Secure Area,Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data,even if the Data is encrypted. h) Data stored for backup purposes. 1) DSHS Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. Cascade Community Connections-Group Supported Employment-Contract 2025- 2026 Page 8 of 29 2) Data may be stored on non-portable media(e.g. Storage Area Network drives,virtual media,etc.) as part of a Contractor's existing,documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. i) Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: 1) DSHS Data will not be stored in any consumer grade Cloud solution,unless all of the following conditions are met: i. Contractor has written procedures in place governing use of the Cloud storage and Contractor attest to the contact listed in the contract and keep a copy of that attestation for your records in writing that all such procedures will be uniformly followed. ii. The Data will be Encrypted while within the Contractor network. iii. The Data will remain Encrypted during transmission to the Cloud. iv. The Data will remain Encrypted at all times while residing within the Cloud storage solution. v. The Contractor will possess a decryption key for the Data,and the decryption key will be possessed only by the Contractor. vi. The Data will not be downloaded to non-authorized systems,meaning systems that are not on the contractor network. vii. The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within the contractor's network. 2) Data will not be stored on an Enterprise Cloud storage solution unless either: i. The Cloud storage Provider is treated as any other Sub-Contractor,and agrees in writing to all of the requirements within this exhibit;or, ii. The Cloud storage solution used is HIPAA compliant. 3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act(HIPAA),the Cloud Provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 36) System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a) Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b) The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c) Systems containing DSHS Data shall have an Anti-Malware application,if available,installed. d) Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses,will be no more than one update behind current. 37) Data Segregation. a) DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. 1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.)which will contain no non-DSHS Data. 2) DSHS Data will be stored in a logical container on electronic media,such as a partition or folder dedicated to DSHS Data. 3) DSHS Data will be stored in a database which will contain no non-DSHS data.And/or, 4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 9 of 29 5) When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer,folder,or other container. b) When it is not feasible or practical to segregate DSHS Data from non-DSHS data,then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 38) Data Disposition.When the contracted work has been completed or when the DSHS Data is no longer needed, except as noted above in Section (30. b.)DSHS Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks,or Using a"wipe"utility which will overwrite the Data Removable media(e. flo ies,USB flash drives, at least three(3)times using either random or single g' pp character data,or portable hard disks)excluding optical discs Degaussing sufficiently to ensure that the Data cannot be reconstructed,or Physically destroying the disk Paper documents with sensitive or Confidential Recycling through a contracted firm, provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential On-site shredding, pulping, incineration, or Information requiring special handling (e.g. contractor protected health information) Optical discs(e.g.CDs or DVDs) Incineration,shredding,or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing,incinerating or crosscut shredding 39) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 40) Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor,the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract,then the contract with the sub-Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. 41) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery If no DSHS Contact is designated in the Contract,then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. 42) SUBCONTRACTOR shall provide the following: a) Equal Access: SUBCONTRACTOR will assure equal access to persons who do not speak or have a limited ability to speak,read, or write English well enough to understand and communicate effectively reference DDCS 5.05,I imicdEn fish Profit-ion i Z 1') Clients). b) The date policies are implemented or the date,they are revised. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 10 of 29 c) Financial and Program Management:SUBCONTRACTOR will maintain an administrative/organizational structure that clearly defines responsibilities; systems and personnel to maintain accounting records that accurately reflect all program revenues and expenditures; prepare monthly statements of activity(ADSA Reports);maintain appropriate Client service records and Six(6) Month(semi-annual)Progress Report;track key program performance indicators and Quality Assurance and a Quality Improvement components; listed under on page 9-Section g. d) Participants: SUBCONTRACTOR has a commitment to support integration of individuals with developmental disabilities with people who are not disabled and has involved participants with developmental disabilities in policy development. e) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including Employers, other Agencies, the COUNTY DD Program, the Division of Vocational Rehabilitation(DVR),and the Schools. f) Performance Plan: SUBCONTRACTOR has a written performance plan that describes its mission, program objectives,expected outcomes,and describes how and when objectives will be accomplished; and will assure the plan is evaluated at least biennially with revisions based on actual performance. The Performance Plan must include performance indicators that address diversity, equity, and inclusion efforts. SUBCONTRACTOR will document progress on performance indicators identified in DDCS Policy 6.13,Provider Qualifications for Employment and Day Program Services. hnps://www,dshs.wa.govfsites/default'flles/DDCS/Di7CS/documents/ olicvr olicv6,I 3. df g) Quality Assurance and Service Evaluation Plan: SUBCONTRACTOR will have an evaluation system to review services. The evaluation system must have both a Quality Assurance and a Quality Improvement component, and both must include performance indicators/objective measures, that evaluate Client progress every 6 months.The objective measures at a minimum will include: 1) Increased wages(by acuity)if applicable 2) Increased number of working hours(by acuity)if applicable 3) The number of new jobs(by acuity)if applicable 4) Job loss and why—retention rates(by acuity)if applicable 5) The percentage employed(by acuity)if applicable 6) Looking at Quantitative-(Data)vs.Qualitative-(Narrative) h) SUBCONTRACTOR will collect, analyze and compare all the performance indicators/objective measures listed above in Section: (g) 1-6. The results will be sent to the County in an excel spreadsheet every 6 months. i) The COUNTY'S Service Evaluation System: shall serve as the method by which current Providers demonstrate that they continue to be qualified as Providers. A copy of the COUNTY'S Service Evaluation System shall be provided upon request,to DDCS for review. j) Internal Control Systems:SUBCONTRACTOR will have an administrative/organizational structure that clearly defines responsibilities. 1) SUBCONTRACTOR has sufficient policies and procedures for establishment and maintenance of adequate internal control systems. 2) SUBCONTRACTOR will maintain written policy procedural manuals for information systems, personnel, and accounting/finance in sufficient detail such that operations can continue should staffing change or prolonged absences occur. 3) SUBCONTRACTOR will date all policies when they are implemented or date they are revised. k) Qualified Staff: SUBCONTRACTOR will provide adequate,qualified staff with skills and experience in evaluation, training, supervision, counseling and support of adults with developmental disabilities who are earning wages,per the attached Statement of Work. 1) SUBCONTRACTOR will assure that all direct service staff are trained and has experience in accordance with DDCS Policy 6.13 and that training is documented. 2) SUBCONTRACTOR will assure that each employee has a current (within three years) DSHS background check in accordance with RCW 43. 43.830-845,RCW 74.15.030 and WAC 388-825. 3) SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications upon request. 1) Safety: SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 11 of 29 m) Integration:Employment and day services must show evidence that the agency adheres to the Medicaid Home and Community Based settings(HCBS)requirements of 42CFR 441 530(a)(1),including that 1) The setting is integrated in the greater community and supports individuals to have full access to the greater community; 2) Ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS; 3) The setting provides opportunities to seek employment and work in competitive integrated settings; and 4) The setting facilitates individual choice regarding services and supports,and who provides them. 43) SUBCONTRACTOR shall identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services.These settings are presumed not to be home and community-based. 44) SUBCONTRACTOR shall provide an initial Group Supported EmploymentNocational Client Plan that identifies and addresses the individualized goals and support needs for each client. Plans must consider individualization,integration and safety. a) The Group Supported EmploymentNocational Client Plan will include the information listed below;and I) Be developed by the SUBCONTRACTOR in collaboration with the COUNTY, the Client, their DDCS Case Manager,Residential Staff,Guardian/Family Members and others as appropriate(the team). 2) Initial plans will be completed within 60 days from date of service authorization and must be signed by the participant and their guardian if any. 3) Copies of the initial and subsequent Six(6)Month Plans;(semi-annual)Progress Reports will be distributed as appropriate to all team members. 4) Plans will be reviewed and signed annually. b) The initial Group Supported EmploymentNocational Client Plan and subsequent Six (6Month (semi- annual)Progress Reports will include: 1) Current date; 2) Timeline for the plan; 3) Client's name first and last; 4) Client's ADSA ID; 5) Employment goal; i. The preferred(job type)the participant wishes to obtain or maintain; ii. The preferred wages/salary the participant wishes to earn; iii. The number of hours the participant prefers to work; iv. The agreed upon time line to achieve the employment goal. 6) The Client's skills,gifts,interests and preferred activities; 7) Measurable strategies and timelines(action steps and supports)to meet the employment goal; 8) Identification of persons and/or entities available to assist the participant in reaching his/her employment goal(example:a family member,Vocational Rehabilitation services,etc.)and; 9) Identification of other accommodations, adaptive equipment and/or supports critical to achieve employment goal. c) SUBCONTRACTOR must assure that Group Supported Employment staff hours are attributed to the Client via the Individual Employment Phases & Billable Activities & Group Supported Employment Service Guidelines Minimum Expectations 2013. d) SUBCONTRACTOR shall identify the provision of supports necessary for job success to each participant. Supports may include, but are not limited to, identification of resources necessary for transportation,job restructuring,work materials or routine adaptation,work environment modifications, identification of job counseling needs,etc. e) SUBCONTRACTOR will provide training and support to employers and co-workers, in each job placement to ensure jobs are maintained and fading is occurring. This also includes the development of natural supports. f) The SUBCONTRACTOR will document all employment services activities and outcomes to those activities that relate to the participant's individually identified goal(s)as outlined in their Six(6)Month Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 12 of 29 semi-annual)Progress Report. g) The SUBCONTRACTOR will invite the COUNTY to all six-month client meetings at least 20 days before the meeting occurs. h) The SUBCONTRACTOR will provide six- month progress reports describing the progress made towards achieving the client's goal,service activities and the outcome of those activities will be provided by the service provider to the Case Resource Manager, client, and/or guardian if any within 30 days following the six-month period. i) The SUBCONTRACTOR will document all services that relate to the client's individually identified goal(s)as outlined in their six-month plan. j) The SUBCONTRACTOR will provide the following: 1) Training and support is provided as a part of an individual's pathway to integrated employment in accordance with DDCS Policy 4.11.Count;'Services for(furling Age Adrdts. 2) Information about wages,productivity,benefits,and work hours for each participant. 3) Progress in achieving increased wages and work hours for each participant. k) The SUBCONTRACTOR shall report any injury or accident that requires more than simple first aid,and any extraordinary incident that requires intervention by the SUBCONTRACTOR to the DSHS/DDCS Case Manager for the individual involved,and then report the injury,accident,or extraordinary incident to the COUNTY Coordinator. This includes serious physical or emotional harm or potential harm. 1) Incidents involving injury,health or safety issues are reported to DDCS and the County reference DDCS Policy 6,Q$., Afandatory Reporting Requirements for Employment and Da Program Services Providers, 2) The initial report to the COUNTY may be done via documented telephone calls to the COUNTY Coordinator. 3) The SUBCONTRACTOR shall submit a written follow-up report within 10 days to the COUNTY Coordinator. The report to the COUNTY Coordinator may be submitted by email,facsimile(FAX) to 360-385-9401, or by mail to Jefferson COUNTY Public Health 615 Sheridan Port Townsend, WA 98368. 4) Serious and emergent incidents shall be handled in accordance with DSHS/DDCS Policy 12.01, Incident Management. 5) Incident reports are tracked and analyzed for potential trends and patterns. 6) Mandatory reporting is done in accordance with Chapter 74.3,4 RC W, 1bow of I'udrr.i able,fdults and Chapter 26.44 RC'W ,Ibusc of Children.ldreri. I) SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health and safety regulations and the following: 1) All services for persons with developmental disabilities must be provided with attention to their health and safety. 2) Current policies address confidential/private information for participant and their documents. 3) Current emergency contact and medical information (medications, diet, allergies, etc.) needed during the hours of service is readily available for each participant. 4) Make available for inspection, review, or audit by COUNTY DD Coordinator at all reasonable times: all work sites; all Client records; records on productivity and Client wages; and all documents, reports, and other data applicable to this agreement. The COUNTY shall monitor services delivered, and conduct at least one on-site visit with SUBCONTRACTOR during the period of this biennium to assure compliance with the DDCS State Work Order. 5) Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide (a) company (b) program financial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. 6) AUDIT REQUIREMENTS. Independent Audit will be submitted annually to the COUNTY Coordinator in the following manner: m) SUBCONTRACTOR must be able to account for and manage public funds in compliance with Generally Accepted Accounting Principles"GAAP". An agency, for-profit or non-profit,who receives in excess of$100,000 in DDCS funds during its fiscal year from the County, shall provide Certified Public Accountant reviewed or audited financial statements within nine months subsequent to the close of the SUBCONTRACTOR's fiscal year. Copies of the audit,financial statements and management letter shall Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 13 of 29 be submitted to the Jefferson COUNTY Public Health within 9 months of the end of the SUBCONTRACTOR'S fiscal year. n) The SUBCONTRACTOR shall provide an independent audit of the entire organization which: 1) Is performed by an independent Certified Public Accountant,the Washington State Auditor's Office, or another entity the COUNTY and the SUBCONTRACTOR mutually approve. 2) 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 OBM Circular A-133 or A-128,as applicable. 3) The SUBCONTRACTOR shall submit one (2) copies of the audit and/or the summary and the management letter directly to the COUNTY immediately upon completion. The audit must be accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. o) If the COUNTY Coordinator finds indications of potential non-compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out of compliance with any of the terms or conditions of this contract,the following process will be pursued: 1) Informal Notification: Informal process wherein the COUNTY Coordinator alerts the SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is reached within ten(10)days. 2) Official Notification: If the informal notification does not result in resolution, the official notification of possible non-compliance to establish a date, within ten (10) working days of notification, when representatives of the COUNTY and the SUBCONTRACTOR shall meet to discuss areas of contention and attempt to resolve the issues. 3) Written Summary: Within ten(10)working days of such official notification,the COUNTY will provide the SUBCONTRACTOR a written summary of the areas of non-compliance by certified mail. Notice shall be sent to the address identified in the Agreement. 4) Discussion: Within twenty (20) days of the date of the written summary, a discussion between COUNTY and SUBCONTRACTOR shall be conducted to resolve areas of non-compliance or potential non-compliance. 5) Should the above procedures fail to resolve the compliance issue,the parties will obtain the services of the Peninsula Dispute Resolution Center,or another agreed upon resource,and shall share equally in any retainer fees or other costs of services.If no agreement is reached,the mediator's decision in the matter will be binding on all parties,except that in no event will the COUNTY honor a financial determination that is greater than the funds allowed in the scope of this Agreement. p) For six years following the end date of this agreement,SUBCONTRACTOR will maintain Client records and books, records, documents, reports and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect expenditures of funds provided under this agreement. q) Client records shall minimally include statement of client goals, documentation of training provided, training hours,routine progress notes and semi-annual summary of progress toward meeting client goals. r) SUBCONTRACTOR will provide COUNTY with Group Employment/Vocational Plans (or Person- Centered Plan/Profile), client goals, and a summary of progress towards meeting those goals on a bi- annual basis. s) Make available for inspection, review, or audit by COUNTY DD Coordinator at all reasonable times: all Client records;and all documents,reports,and other data applicable to this agreement. t) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. u) SUBCONTRACTOR agrees to assign to COUNTY its Medicaid Billing Rights for services to Clients eligible under Title XIX programs. Written documentation shall be available to COUNTY on request. If SUBCONTRACTOR contracts directly with DSHS to provide covered services under Title XIX, COUNTY agrees that funding intended for those Clients shall be excluded from this agreement. If SUBCONTRACTOR contracts directly with Social Security to provide covered services under a PASS/IRWE, COUNTY agrees that funding intended for those Clients shall be excluded from this agreement. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 14 of 29 C. REIMBURSEMENTS 1) SUBCONTRACTORS receiving reimbursement on a fee for service basis may be reimbursed, at the discretion of the COUNTY,for any temporary closure or substantial non-attendance necessitated by natural causes, disasters, State/COUNTY trainings or mechanical failure above and beyond the control of the Contactor.Federal XIX funds may not be used for this purpose. 2) For said services rendered under this agreement,COUNTY shall reimburse SUBCONTRACTOR on a unit rate basis,as follows: a) Group Supported Employment: SUBCONTRACTOR will be paid$93.80, per UNIT assigned Service Responsibility of regular Program Service,from July 1,2025 to June 30,2026 as defined in Exhibit A: Statement of Work. b) COUNTY will check in with SUBCONTRACTOR on a quarterly basis as to the status of the budget and the number of clients requesting service. The budget may have to be renegotiated if a number of new clients need services. c) Claims for individuals' services made in the CMIS system must comply with the defined units:(1)hour at least 50 minutes;(2)day=at least 4 hours;and(3)month=a minimum of one service visit with 50 minutes of direct service. d) One UNIT is defined as one DAY of direct service to one eligible client. One DAY of direct service is defined as four(4) or more hours of paid productive work,paid on-the-job training, or paid time off such as routine holiday,vacation and sick leave)in one 24-hour period.A minimum of four(4)hours of work a day is required.The Client must work a minimum of four(4)hours a day to bill the COUNTY or access paid leave. e) SUBCONTRACTOR will bill COUNTY on a monthly basis,on or before the 5th day of the month,for units of service provided under this agreement during the preceding month. SUBCONTRACTOR will submit a Monthly DDCS Services Report(ADSA)form for its billings.At no time, shall the invoices for reimbursement be submitted more than 60 calendar days following the last day of the month for which the services were provided. f) COUNTY may, at its option, withhold reimbursement for any month for which required reports have not been received or are inaccurate and/or complete. D. DEBARMENT By signing this Agreement, the SUBCONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). The SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which it enters,and also agrees that it will not employ debarred individuals. The SUBCONTRACTOR must immediately notify the County if, during the term of this Agreement, the SUBCONTRACTOR becomes debarred. The County may immediately terminate this Agreement by providing the SUBCONTRACTOR written notice, if the SUBCONTRACTOR becomes debarred during the term of this Agreement. E. FUNDING WITHDRAWN,REDUCED OR LIMITED If the COUNTY determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement, then the COUNT,at its sole discretion,may: (1)Terminate this agreement;(2)Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend the SUBCONTRACTOR's performance under this Agreement upon five (5) business days' advance notice to the SUBCONTRACTOR, if the COUNTY determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow the SUBCONTRACTOR's performance to resume prior to the normal completion date of this Agreement. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 15 of 29 F. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR If overpayments or erroneous payments have been made to the SUBCONTRACTOR under this Agreement, the COUNTY will provide notice to the SUBCONTRACTOR and the SUBCONTRACTOR shall refund the full amount of the overpayment within thirty (30)calendar days of the notice. If the SUBCONTRACTOR fails to make timely refund,the COUNTY may charge the SUBCONTRACTOR one percent(1%)per month on the amount due,until paid in full. G. RECORDS AND DOCUMENTS REVIEW 1) The SUBCONTRACTOR must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Agreement and the performance of the services rendered,along with accounting procedures and practices,all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. At no additional cost, these records, including materials generated under this Agreement,are subject at all reasonable times to inspection,review,or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement. 2) The SUBCONTRACTOR must retain such records for a period of six(6)years after the date of final payment under this Agreement. 3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation,claims,or audit findings involving the records have been resolved. H. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. 1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement,the SUBCONTRACTOR shall submit a Monitoring Certification using the form attached as Exhibit B for purposes of the County performing the risk assessment of the SUBCONTRACTOR and compliance monitoring of this Agreement that is required under the Program Agreement. I.MISCELLANEOUS 1) DSHS Developmental Disabilities Administration (DDCS) shall determine client eligibility and service referral are the responsibility of the DDCS pursuant to Chapter 388-823 WAC(Eligibility)and Chapter 388- 825 WAC(Service Rules).Only persons referred by DDCS shall be eligible for direct Client services under this Program Agreement. It is DDCS's responsibility to determine and authorize the appropriate direct service(s) type. Direct Client services provided without authorization are not reimbursable under this Program Agreement. 2) DSHS Developmental Disabilities Administration(DDCS)shall notify COUNTY of persons authorized for services reimbursed under this agreement. Only persons referred to COUNTY by DDCS through a County Service Authorization,(CSA)shall be eligible for services reimbursed under this agreement. 3) The SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent SUBCONTRACTOR.Any and all employees of the SUBCONTRACTOR,or other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement, shall be considered employees of the SUBCONTRACTOR only,and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the SUBCONTRACTOR. 4) The SUBCONTRACTOR 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. 5) The SUBCONTRACTOR, by signature to this Agreement, certifies that the SUBCONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 16 of 29 participating in this Agreement, or any Agreement by any Federal department or agency. The SUBCONTRACTOR also agrees to include the above requirement to all subcontracts into which it enters. 6) The SUBCONTRACTOR shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48:05: a) Worker's compensation and employer's liability insurance as required by the State of Washington. b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$1,000,000 each occurrence with the COUNTY named as an additional insured in connection with the SUBCONTRACTOR'S performance of the contract. c) General Commercial Liability Insurance in an amount not less than a single limit of one million dollars 1,000,000.00)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: 1) Broad Form Property Damage,with no employee exclusion 2) Personal Injury Liability,including extended bodily injury 3) Broad Form Contractual/Commercial Liability-including completed operations 4) Premises-Operations Liability(M&C) 5) Independent Contractors and Subcontractors 6) Blanket Contractual Liability 7) All employees or subcontractors of the SUBCONTRACTOR who are required to be professionally certified by the State in the performance of services under this agreement shall maintain professional liability insurance in the amount of not less than one million dollars($1,000,000). In no case shall such professional liability to third parties be limited in any way. 8) It shall be the responsibility of the SUBCONTRACTOR to ensure that any and all persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement,shall comply with the same insurance requirements that SUBCONTRACTOR is required to meet. 9) Failure on the part of the SUBCONTRACTOR to maintain the insurance as required shall constitute a material breach of contract upon which the COUNTY may, after giving five working days' notice to the SUBCONTRACTOR to correct the breach,immediately terminate the contract or,at its discretion,procure or renew such insurance and pay any and all premiums there with,with any sums so expended to be repaid to the COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due the SUBCONTRACTOR from the COUNTY. 10) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 11) Excepting the Workers Compensation insurance and any professional liability insurance secured by the SUBCONTRACTOR,the COUNTY will be named on all certificates of insurance as an additional insured. The SUBCONTRACTOR shall furnish the COUNTY with verification of insurance and endorsements required by this Agreement. The COUNTY reserves the right to require complete, certified copies of all required insurance policies at any time. 12) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The SUBCONTRACTOR shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall be primary to any equivalent or applicable policies held by the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall include a waiver of subrogation rights. Any insurance self-insured retention,deductible or risk retention maintained,or participated in,by the COUNTY shall be excess and shall be non-contributory to the insurance policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract. All policies provided by the Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 17 of 29 SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. 13) The COUNTY will pay no progress payments under Section C until the SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive; and the COUNTY may take such other action as is available to them under other provisions of this Agreement,or otherwise in law. 14) Nothing in the foregoing insurance requirements shall prevent the COUNTY,at its option,from additionally requesting that the SUBCONTRACTOR deliver to the COUNTY an executed bond as security for the faithful performance of this contract and for payment of all obligations of the SUBCONTRACTOR. 15) The SUBCONTRACTOR shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson COUNTY,WA. 16) The SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries Minimum Wage Act, RCW 49.46,acknowledging persons with disabilities participating in job assessments are not considered employees. 17) The SUBCONTRACTOR shall defend,indemnify and hold the COUNTY,its officers,officials,employees, agents and volunteers (and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the SUBCONTRACTOR in performance of this Agreement,except for injuries and damages caused by the sole negligence of the COUNTY. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SUBCONTRACTOR and the COUNTY, its officers, officials, employees, agents and volunteers (and their marital communities) the SUBCONTRACTOR's liability, including the duty and cost to defend, shall be only for the SUBCONTRACTOR's negligence. It is further specifically understood that the indemnification provided constitutes the SUBCONTRACTOR's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification.This waiver has been mutually negotiated by the parties.This section shall survive the expiration or termination of this Agreement. 18) Claims against the COUNTY shall include,but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered there under,constitutes an infringement of any copyright,patent,trademark,trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. 19) The SUBCONTRACTOR specifically assumes potential liability for actions brought against the COUNTY by SUBCONTRACTOR'S employees, including all other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement and, solely for the purpose of this indemnification and defense, the SUBCONTRACTOR specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The SUBCONTRACTOR recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. 20) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race,religion,color,sex,age,or national origin. 21) COUNTY reserves the right to terminate this contract in whole or in part,without prior written notice, in the event that contractual terms are not fulfilled,or if expected or actual funding from the Department of Social and Health Services Division of Developmental Disabilities is withdrawn,reduced,or limited in any way after the effective date of this agreement. In the event of termination under this clause,COUNTY shall be liable only for payment for services rendered prior to the effective date of termination. 22) No portion of this contract may be assigned or subcontracted to any other individual,firm,or entity without the express and prior written approval of COUNTY. If the COUNTY agrees in writing that all or a portion of this Contract may be subcontracted to a third-party, then any contract or agreement between the SUBCONTRACTOR and a third-party subcontractor must contain all provisions of this Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this agreement. 23) The parties agree that: a) No representation or promise not expressly contained in this Agreement has been made. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 18 of 29 b) They are not entering into this Agreement based on any inducement,promise or representation,expressed or implied,which is not expressly contained in this Agreement. c) This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral,within the scope of this Agreement. 24) 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. 25) 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. 26) The Contractor shall not sell, assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 27) 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. 28) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. 29) This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. 30) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31) Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic,audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor also agrees that upon receipt of any written public record request,the Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. Lei APPROVED AND ADOPTED this } L-dayof/({Vfi "4'.,.2025. SIGNATURES FOLLOW ON NEXT PAGE) Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 19 of 29 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON CASCADE COMMUNITY CONNECTIONS Board of County Commissioners Jefferson County,Washington By: „.„._ By: 9Gi viZ) l lk ei "Eiserth ur,Chair Taylor ebster By: . Title: Owner/Director Br erton,Commissionerrel-^ Date: /O/ O//Z02-5- cattier Notlette,Commissioner SEAL: ts,„, t„!.41,„ ATTEST: n z,:ir z a is fir+': "# } • , e ;. YA 6,),-,.../.44,;-:;7;-;,-,;,....;,...„ 0-,-- wL+a t.Carol3f ay, iueiuxe A" Clerk of ard r Approved as to Ecruonly: 1 1 f r r-`_k ..- for 08/22/2025 S'hilip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 20 of 29 EXHIBIT A STATEMENT OF WORK GROUP SUPPORTED EMPLOYMENT L WORK STATEMENT SUBCONTRACTOR shall provide Group Supported Employment Services for program Clients as described hereinafter. SUBCONTRACTOR shall be reimbursed for such services on a unit of service basis pursuant to Section C., Reimbursements:Page 13 of this contract. II. PROGRAM DESCRIPTION A. Program Goals: 1. To provide work training and work opportunities for adults who experience intellectual/developmental disabilities; until resources, support systems, and/or technology are available or adequate to aid these individuals to obtain competitive employment. 2 To provide Group Supported Employment Services that are designed to meet specific needs of the individual based on personal preferences and individualized goals and outcomes. 3. To improve the cost-benefit of Group Supported Employment Services by increasing the average worker benefit ratio and compared to the average monthly cost per person. 4. To support individual program clients in Group Supported Employment Services to experience community job sites through mentoring,observation and/or on-site experience at least two times a year. 5. When appropriate to provide the service of assessment and consultation in order to identify and address existing barriers to employment for individuals who have not yet achieved their employment goal through consulting and assessment. (This is in addition to supports received through Group Supported Employment services for individuals who have not yet achieved their employment goal). 6. To transition program clients to Individual Supported Employment services as soon as resources,support systems, and/or technology are available or adequate to support these individuals to obtain individual employment in the community. 7. Clients in any Employment program will be supported to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his or her living expenses. Clients should strive to average twenty(20)hours of work per week or eighty-six hours per month.The amount of service a client receives will be based on his/her demonstrated need and acuity level. However,each individual's preferred hours of employment should be taken into consideration. 8. To identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services. Clients will not access these settings because they are presumed not to be home and community-based. B. Definitions 1, Group Supported Employment Services are: a) training and supervision of adults who experience intellectual/developmental disabilities who are involved in paid,productive employment at locations or in businesses that provide employment or training for individuals with disabilities b) training, job modifications, and job-related support for persons who experience intellectual/developmental disabilities to productively perform available work c) supplemental training required in a job situation to develop skills required for new tasks and to enhance versatility;and Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 21 of 29 d) providing a service provided for adults who experience intellectuaUdevelopmental disabilities until resources, support systems, and/or technology are available or adequate to aid these individuals to obtain competitive employment. 2. Employment is defmed as paid productive work,paid,on-the-job training,and paid time off(such as routine holiday,vacation,and sick leave). Employment may be: full-time,average weekly work of 40 hours for an individual;part-time,average weekly work of 20 hours to 40 hours for an individual,or;other,average weekly work of less than 20 hours for an individual. 3. The development of an Employment Plan that will serve as a transition tool toward the advancement of the individual's employment pathway at the Group Employment site and as an aid in the implementation of matching Clients to appropriate employment services in the community. 4. Planning is defmed as facilitating the development of an Employment Plan; delineating individual vocational skills,experiences,preferences,strengths,support needs,skills,goals and objectives,education on system navigation and the Discovery Process, (when appropriate) related to vocational skills and capabilities. 5. Implementation of the Action Steps that detail tasks timelines and entities responsible for leading to the community employment will reflect that 75%of the direct service hours with the Client will be at the Group Employment site. The amount of service a Client receives will be based on his/her demonstrated need,acuity level,and work history. C. Program Requirements L SUBCONTRACTOR will provide Group Supported Employment services for up to (Six) 6 program clients who are authorized for service by DSHS/DDCS and have been approved by COUNTY. SUBCONTRACTOR shall attempt to transition program clients to Individual Employment placements. 2. In the event that SUBCONTRACTOR determines that Group Supported Employment Services are no longer appropriate for any client, SUBCONTRACTOR will notify the DDCS Case Manager and the COUNTY of the basis for its determination and recommend that the client be terminated from service and/or authorized for an alternative service. SUBCONTRACTOR may work with a consultant on behalf of the client,in order to provide another perspective to address health and safety concerns. 3. SUBCONTRACTOR will provide written documentation of the reason(s)for its recommendation,which may include: a) Client is working at a level of productivity that no longer requires continuous training, b) Health and safety considerations, c) Client no longer desires employment,the available employment option(s)or the program services, d) Client desires a community job placement. 4. Recommendations for termination or transfer will be reviewed by DDCS Case Resource Manager and COUNTY as appropriate. The DDCS Case Resource Manager will notify SUBCONTRACTOR of its decision to support SUBCONTRACTOR'S recommendation. If approved, COUNTY will work with SUBCONTRACTOR to facilitate the development of a transition plan and schedule. The transition plan will be developed in consultation with the client,DDCS Case Management,SUBCONTRACTOR,family members,and other service providers as applicable. 5. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. 6. The SUBCONTRACTOR will clearly communicate to the Client and the COUNTY, prior to beginning service, an expected change in the maximum service hours per month the Client can expect to receive. Service changes will not occur until the Client has received proper notification from DDCS. a) The Client's DDCS Person Centered Service Plan (PCSP) is the driver for service. The AWA County Service Authorization and updated Planned Rates information will not exceed the Client's DDCS PCSP. b) Service changes will not occur until the Client has received proper notification from DDCS. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 22 of 29 c) The amount of service the Client receives should match with the AWA County Service Authorization and updated Planned Rates information. 7. SUBCONTRACTOR shall provide a Group EmploymentNocational Client Plan for the Client, delineating individual skills, experiences, preferences, strengths, support needs, skills, and goals and objectives within 30 days of the beginning of services for the Client, in order to promote employment. Minimum Group EmploymentNocational Client Plan and each Six (6)Month (semi-annual)Progress Report; elements are outlined in the reference document called "Criteria for Evaluation" https://www.dss wa gov/sites detaultlfile CS/DDCS/documentsiCriteria%20for%20Evaluation%20 202 I-2023.docx) 8. SUBCONTRACTOR must ensure that Client goals and objectives are based on a Group Employment/Vocational Client Plan and each Six(6)Month(semi-annual)Progress Report: a) Shows that documentation,data collected,training reflects those goals and objectives; b) Shows how it has identified and addressed support needs of each participant by demonstrating methods for providing individualized services outlined in the Plan; c) Shows how the Six (6) Month (semi-annual) Progress Report demonstrates the participants progression on his/her goals and objectives; d) Describes the reasons for any shortfall concerning the action steps and propose steps for correction in the Six(6)Month(semi-annual)Progress Report. 9. SUBCONTRACTOR's employment services;may include a personal discovery process related to skills, capabilities,goals; education on system navigation; action steps detailing steps,timelines, and entities responsible for the accomplishment of tasks of vocational services leading to employment. 10. SUBCONTRACTOR must ensure that job coaching and supervision of Clients,will be based on goals established in a Group Employment/Vocational Client Plan and each Six (6) Month (semi-annual) Progress Report. Client goals/objectives, training provided, and progress toward meeting said goals/objectives shall be documented in each Client record or file. 11. SUBCONTRACTOR will assure quality Group Employment/Vocational plans and each Six(6)Month Progress Report,by measuring them against the Employment Plan Quality Review Tool,DDCS created in 2016 and the DDCS document called,Quality Employment Plan-6 Values of an Excellent Employment Plan. 12. SUBCONTRACTOR will support Clients in an employment program to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his/her living expenses. Clients should average twelve (12)to twenty (20) hours of community work per week or forty-eight, 48)to eighty(80)hours per month;however, each individual's preferred hours of employment should be taken into consideration. 13. SUBCONTRACTOR shall provide evidence that volunteer opportunities comply with U.S.Department of Labor standards and applicable state standards. hops: 'www.dol.gov/sites/dalgov/lilesfWIID/legt y(t leslwlidfsl4.p+df http •i www.dol.gov/whd fi rstatelocalgovernments.htm, 14. SUBCONTRACTOR must ensure that the amount of service hours a Client receives will be based on his/her demonstrated need,acuity level and work history per WAC 388- 828. 15. SUBCONTRACTOR will contact all Clients according his/her demonstrated need,acuity level and work history;at least once per month. 16. If SUBCONTRACTOR fails to provide the minimum number of monthly service hours for the Client, the COUNTY will advise the Client, Parent/Guardian, and/or Residential Provider concerning the minimum and maximum number of service hours the Client should be receiving and inform them of the option of choosing another Employment Provider. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 23 of 29 17. SUBCONTRACTOR shall schedule a review meeting every six(6) months for all program Clients, (a minimum of twice a year for every Client). For every new Client,a meeting will be scheduled every six 6)months after the initial plan. 18. SUBCONTRACTOR shall schedule the Six (6)-Month meeting; by sending a series of available dates/times 20 days ahead; to the COUNTY, DDCS Case Managers, Client, Guardian/Family and Residential Services one month before the required meeting. 19. SUBCONTRACTOR will submit a copy of the updated Six(6)-Month(semi-annual)Progress Report with updated Action Steps of the Individual EmploymentNocational Client Plan to the Client,the DDCS case manager,the COUNTY Coordinator,and Residential Support Staff/Parent or Guardian within two weeks of the scheduled Six(6)-Month meeting. 20. SUBCONTRACTOR shall provide an updated Six (6) Month (semi-annual)Progress Report for every program Client during the six(6)month review meeting. The Six(6)Month(semi-annual)Progress Report shall demonstrate how the individual is progressing on his/her goals and objectives; in order to assess if they are continuing to meet the individual's pathway to employment goals; of the Group Employment/Vocational Client Plan. The Six(6)Month(semi-annual)Progress Report shall describe the reasons for any shortfall concerning the action steps and propose steps for correction. 21. SUBCONTRACTOR will provide a copy of the Group Employment/Vocational Client Plan and each Six 6) Month (semi-annual) Progress Report; that describe the outcome of activities; to the Client, their DDCS Case Manager,Residential Staff,Guardian/Family Members and others as appropriate,within 30 days following the six-month period. The Six(6)Month(semi-annual)Progress Report will summarize the progress made towards the Client's individualized goals. 22. The Six(6)-Month(semi-annual)Progress Report with updated Action Steps,will reflect that 75%of the direct service hours with the Client will be at an employment site in the community. The focus will be on real work experience in a community setting delineating individual skills, experiences, preferences, strengths,support needs and vocational interests. 23. SUBCONTRACTOR must ensure that every Client file has a copy of DDCS Client Service Authorization (CSA); a copy of the participant's DDCS Person Centered Service Plan; (PCSP), the Individual Employment Plan and updated Six(6)Month(semi-annual)Progress Reports as applicable. 24. SUBCONTRACTOR must ensure that all Incident Reports are retained in Client files;that they have a policy to retain records at least 5 years;that emergency contact and medical information(medications, diet,allergies,etc.)needed during the hours of service is available for each participant on the face sheet of the Client file; that the emergency and contact information is updated yearly, or when needed; and that services are provided in a natural or integrated environment or there is a goal to achieve that. 25. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. 26. Recommendations for program participant's termination in Individual Employment or transfer into another Individual Employment agency must be authorized by the DDCS Case Manager, and will be reviewed in consultation with the COUNTY and others as appropriate. SUBCONTRACTOR will facilitate the development of a transition plan and schedule. The transition plan will be developed in consultation with the Client,DDCS case management,COUNTY,Guardian/Family members and other service Providers as applicable and within 30 working days of Clients request to change agencies. 27. SUBCONTRACTOR shall submit a written Program Staff Training Plan to COUNTY for approval or disapproval within 30 days of the effective date of this agreement, semi-annually thereafter or when reorganization occurs,which minimally includes: a) SUBCONTRACTOR's procedure to train new direct service staff,training must include, DDCS Policies&Competencies(see Section C-Number 26-30) RCW's & WAC's referenced on page 1 & 2 of the County Contract under Section B. Obligations agency policies&procedures Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 24 of 29 skills on how to instruct/teach Clients skills on how to document data collection,daily/weekly notes,&6-month reports in Client files skills on how to write Vocational Client Plans and/or Person-Centered Plans (creating Client goals/objectives) b) SUBCONTRACTOR's plan to provide staff who are skilled in applying training techniques to enhance the work-related skills of program Clients c) FTE levels,job descriptions,and organization chart pertaining to program staff d) SUBCONTRACTOR is required to send one direct service staff to a minimum of 16 hours of workshops, trainings, and/or conferences about developmental disabilities. The COUNTY will reimburse the SUBCONTRACTOR at the rate of$40.00 an hour for every hour of training accessed for direct service staff(not more than a total of$640.00). 28. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented training's every six(6)months. 29. SUBCONTRACTOR must assure new staff are informed specifically of all agency policies/procedures and have documentation that assures all direct service staff 18 years of age or older are trained in the following DDCS Policies Prior to Working with Clients: ADA training,APS Reporting Requirements, Client confidentiality,current individual instruction and Action StepsNocational Plans for each Client with whom the employee works; DDCS Policy 4.11 Working Age Adult(adult services only); DDCS Policy 5.06 Client Rights; DDCS Policy 5.13 Protection from Abuse, Mandatory Reporting; DDCS Policy 12.0 Incident Management. 30. SUBCONTRACTOR must ensure that new direct service staff demonstrate the following competencies: a) Values that support the abilities of individuals b) Effective Communication—The ability to effectively listen and to make oneself understood c) Planning methods d) Crisis Prevention and Intervention 31. Within one month of employment: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Overview of DDCS Policies including: DDCS Policy 3.01 Service Plans; DDCS Policy 5.03 Client Complaints; DDCS Policy 5.17 Physical Intervention Techniques;DDCS Policy 6.13 Employment/Day Program Provider Qualifications;DDCS Policy 13.04 DRW Access Agreement; DDCS Policy 15.03 Community Protection Standards for Employment/Day Programs;and all reporting requirements related to these DDCS Policies. 32. Within six months of employment: SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Program skill development,DDCS Policy 5.02 Necessary Supplemental Accommodation;DDCS Policy 5.14 Positive Behavior Support;DDCS Policy 5.15 Use of Restrictive Procedures;DDCS Policy 9.07 HIV and AIDS and Program Skill Development. 33. SUBCONTRACTOR will have signed documentation that staff training took place within the timelines listed above in(Section C-Number 26- 30). 34. Within 30 days of the effective date of this agreement, and annually thereafter, SUBCONTRACTOR will develop and submit to COUNTY an Employment program-operating budget detailing the projected allocation of contract funds,other sources and amounts of funding,program staffing expenses and other cost allocations. Within 30 days of the effective date of this agreement and at least semi-annually thereafter, SUBCONTRACTOR will provide company and program operating financial reports to COUNTY, including all revenues and expenses generated by SUBCONTRACTOR, in sufficient detail to demonstrate the uses of funds provided under this agreement. 35. Every six months,SUBCONTRACTOR will develop and submit to COUNTY,Individual Employment financial reports reflecting the actual revenues received and expenses incurred compared to the projected program budget submitted,along with the overall operating budget. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 25 of 29 36. The SUBCONTRACTOR will on an annual basis sponsor the surveying of participants,their families,their support networks, and their employers regarding customer satisfaction. The SUBCONTRACTOR will design Customer/Client survey forms. The SUBCONTRACTOR will send the COUNTY copies of the surveys received from participants,their families,their support networks and employers,upon request. D. Performance Standards 1. SUBCONTRACTOR shall provide Group Supported Employment services that are referred for service by DSHS/DDCS and have been authorized by the COUNTY. a) Job coaching and follow-along services as necessary for Group Supported Employment Clients. b) Group Supported Employment/Vocational Client Plans must contain: Action Steps detailing steps,timelines and entities responsible for the accomplishment of tasks leading to employment, Provide the minimum number of monthly service hours for the client, Implement Action Steps that affirm 75%of the direct service hours with the client will be at employment site. 2. SUBCONTRACTOR will provide sufficient income producing work to challenge the productivity of workers and result in at least 4 hours of paid production per day per eligible client. 3. SUBCONTRACTOR shall access appropriate jobs and provide sufficient training to result in an increase in average monthly earnings from one twelve-month period to the next through productivity improvements and/or increased hours. 4. SUBCONTRACTOR will create individual client goals and provide sufficient instruction that result in an improvement in the program Client's vocational abilities,social and behavioral issues from one six-month period to the next. 5. Workers will have variety in the work they perform and will learn behaviors and skills typical of those required for employment in an individual job in the community. E. Service Level Guidelines 1. Client Employment Acuity is determined through the DDCS assessment. Acuity reflects conditions typically related to the individual's disabilities that are not likely to change, and are generally not impacted by outside factors.Client acuity is determined as"High",either"Medium"or"Low"as defined within WAC 388-828. Other considerations are generally related to the job or service environment, which may affect the individual's level of support,regardless of acuity. 2. Employment Service Levels reflect Client Employment Acuity and other considerations(see Table One- Base Hours below);the Guidelines typically reflect direct service staff time provided to or on behalf of the client to pursue or maintain employment. You may be eligible to receive additional Add-On Hours see Table Two, Add-On Hours on page 26). Add-on Hours for Employment Supports are considered short-term and is a service that allows DDCS to approve additional service hours, in addition to the amount of your employment service Base Hours. The COUNTY can approve additional Add-On Hours for up to three months when: a) A Client is beginning a new job;or b) There is a planned or unexpected change in the Client's job or job duties;or c) The Client's current employment is at risk and short-term supports are needed to assist them in maintaining their current job. The expectation is that all hours reported are documented specific to the client authorized and relate to the goals and supports outlined within the Client's Individual Employment Plan. Allowable activities are defined in the Employment Phases and Billable Activities. Group Supported Employment reflects shared support among (Eight)8 or fewer people at a worksite. Service level to the individual may vary depending on staffmg ratios within the worksite,the acuity of individual served at the worksite,the number of work hours available within the worksite and the number of additional individualized support hours provided outside of the GSE setting to transition towards integrated community employment. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 26 of 29 Group Supported Employment services are a part of an individual's pathway to integrated jobs in typical community employment. These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight(8)workers with disabilities in the same setting. The service outcome is sustained paid employment leading to further career development in integrated employment at or above minimum wage. Examples include enclaves, mobile crews, and other business models employing small groups of workers with disabilities in integrated employment community settings. The average statewide ratio of staff to individuals within this environment is 1:6. The expectation is that all hours reported are documented specific to the client authorized and relate to the goals and supports outlined within the Client's Employment Plan. TABLE ONE-Base Hours DDCS DETERMINES YOUR EMPLOYMENT SERVICE LEVEL USING THE FOLLOWING TABLE: CLIENT YOUR THEN YOUR AND YOUR ACUITY EMPLOYMENT EMPLOYMENT EMPLOYMENT LEVEL STATUS SERVICE SERVICE BASE IE: IS: LEVEL IS: HOURS PER MONTH MAY BE: WORKING A 0 NONE NOT WORKING B 0 WORKING C 4 LOW NOT WORKING 1) 7 WORKING E 7 MEDIUM NOT v ORi{1NCi l WORKING G 11 HIGH NOT WORKING H 12 TABLE TWO-Add-On Hours DDCS USES THE FOLLOWING TABLE TO DETERMINE THE MAXIMUM NUMBER OF ADD-ON HOURS YOU ARE ELIGIBLE TO RECEIVE. IF YOU MEET ONE YOU MAY BE OF THE BELOW ELIGIBLE TO CONDITIONS AND RECEIVE UP TO YOUR THE EMPLOYMENT FOLLOWING LEVEL IS:AMOUNT OF ADD-ON HOURS: A 0 B 0 C 5 D E 5 Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 27 of 29 1~ 7 G 12 H 14 F. Group Supported Employment Unit of Service 1. Group Supported Employment service support hours will be based on the Client's Employment Level per WAC. 2. One UNIT of Group Supported Employment service will be$93.80 from July 1,2025 to June 30,2026; and is defined as one"DAY"of direct service to one eligible client.A"DAY"is at least four(4)or more hours of direct service;or ASSIGNED SERVICE LEVEL as defined above. 3. One "DAY" of direct service is defined as four (4) or more hours of paid productive work, paid on-the-job training,or paid time off(such as routine holiday, vacation and sick leave)in one 24-hour period. A minimum of four(4)hours of work a day is required. The Client must work a minimum of four(4)hours a day to bill the COUNTY. Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 28 of 29 EXHIBIT B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: DD-25-058 DATE: /O//(o/2025 NAME OF SUBRECIPIENT:Cascade Community Connections/Taylor Webster By signing below,I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred,suspended,proposed for 0//6/2oz,5- debarment,declared ineligible,or voluntarily excluded from transactions by any Federal,State,or local department or agency V Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a civil judgment rendered against them for commission of fraud or a 0//6/2L)2,5- criminal offense in connection with obtaining,attempting to obtain,or V performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust 6/2ozzs statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of fraud or a criminal offense in connection with obtaining, fo//6/2O2 attempting to obtain,or performing a public(Federal,State,or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, o//6/2o2.s forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property Subrecipient has not within a 3-year period preceding the submission of 0//6/2_02,5- this Compliance and Risk Monitoring Form one or more public transactions(Federal, State,or local)terminated for cause or default Subrecipient has provided all written reports required by the Agency 0/V2az,5- Contract and this Subrecipient Agreement as of the submission of this Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it from any o/vLo25 government agency since the last certification for its performance related to the Program Agreement Subrecipient certifies that all of the deliverables and other work 0//6/2•045 required since the last certification have been completed All the work being billed for in the invoice being certified by this Compliance and Risk Monitoring Form actually has been performed, V J0 including any timesheet or other backup Subrecipient agrees to submit to an audit within 30 days of a request o//6/2,025 from the County V Subrecipient has corrected any deficiencies identified since the last 0//6/2025 certification Signed at Port Townsend Washington CITY STATE Cascade Community Connections-Group Supported Employment-Contract 2025-2026 Page 29 of 29 r4 SUBR IPIENT SIGNATURE DATE Taylor Webster WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPR VED BY THE COUNTY: e"'l t 4 COUNTY APPROVAL SIGNATURE DATE f rk / WRITTEN NAME OF PERSON APPROVING CERTIFICATION 615 Sheridan Street Port Townsend, WA 98368 del!Mon www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator DATE: ha rCk Cl, 262(4, SUBJECT: Agenda item — Amendment 1 to the Professional Services Agreement between Jefferson County and Cascade Community Connections (Cascade) for professional services to be provided in connection with the provision of Individual Supported Employment services to persons with intellectual and/or developmental disabilities in Jefferson County; July 1, 2025 - June 30, 2026 STATEMENT OF ISSUE: Jefferson County Public Health, IDD Program, requests Board approval of an amendment to decrease the agreement amount by $44,000, bringing the total amount to $255,798.40. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This decrease will allow excess funds to be reallocated to concurrent agreements with Cascade for separate services that also support people living with intellectual and developmental disabilities. FISCAL IMPACT/COST BENEFIT ANALYSIS: Of the $44,000 taken from this agreement, $6,000 will be allocated to the agreement with Cascade for Group Supported Employment Services and $38,000 will be allocated to the agreement with Cascade for Community Inclusion Services. RECOMMENDATION: JCPH management requests approval of Amendment 1 to the Professional Services Agreement with Cascade for reallocation of Individual Supported Employment services funds. REVIEWED BY: qf&ell) 16 ;64de'''''7/g6 Josli D. Peters, County Administrator Date 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 DD-25-055-A 1 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Cascade Community Connections Contract No: DD-25-055-A1 Contract For: Individual Employment Services, Amend 1 Term: July 1, 2025 to June 30, 2026 COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: 360-385-7301 Contact email: bonnieo@co.jefferson.wa.us AMOUNT: $255,798,40(decrease of$44,000) PROCESS. Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # PH fund#127 RFP or RFQ Munis Org/Obj HDD-640 12768064 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM CE WI 5.080.AND CHAPTER 42.23 RCW. CERTIFIED: 1' N/A:! 1 Feb. 18, 2026 Signs ure Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BED DEBA R BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: I N/A: f Feb. 18, 2026 Si Lure Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/20/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/20/2026. Approved. Suggestion for future amendments: Specifically reference portion of original contact sought to be amended. In this instance,Amendment alters original K paragraph C.(5), pg. 13 of 28. Specificity reduces ambiguity. Not necessary for approval in this instance. 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 Contract Amendment#1 between Cascade Community Connections and Jefferson County Public Health Intellectual and Developmental Disabilities Program WHEREAS,Cascade Community Connections(the"Contractor") and Jefferson County (the County")entered into an agreement on July 1,2025 for Professional Services to be provided in connection with the provision of Individual Supported Employment Services to Persons with Intellectual/Developmental Disabilities in Jefferson County. WHEREAS,the parties desire to amend the terms of that agreement; IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. Subcontractor's contract will decrease by $44,000 in funding; bringing the total agreement amount to $255,798.40. 2. All other terms and conditions of the agreement will remain the same. APPROVED AND ADOPTED this day of 2026. CASCADE COMMUNITY CONNECTIONS JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS By: `V Qlie Signature) Greg Brotherton, Chair Taylor Webster Contractor Representative(Please print)Heather Dudley-Nollette, Member Owner/Director Title Heidi Eisenhour, Member 02/24/2-02-6. Date Approved as to Form Only: look DPA Jeremiah Luther,WSBA 61918] 02/20/2026 it • C. unsucker, Date hie it Deputy Prosecuting Attorney 1 DD-25-055-AI SUBCONTRACT FOR PROFESSIONAL SERVICES INDIVIDUAL EMPLOYMENT Agreement Between JEFFERSON COUNTY PUBLIC HEALTH AND CASCADE COMMUNITY CONNECTIONS This agreement is made and entered into between Jefferson County Public Health (COUNTY) and Cascade Community Connections (SUBCONTRACTOR) for provision of Individual Supported Employment to people experiencing intellectual and/or developmental disabilities in Jefferson County.The term of this agreement is July 1, 2025 through June 30,2026.This Contract may be terminated by either party upon 60 days written notice.Termination of this Contract shall not constitute a breach. It is agreed upon by both parties as named herein as follows: A. PROFESSIONAL SERVICES Professional services to be provided by SUBCONTRACTOR shall include: 1) "Individual Supported Employment"or"1E"services are a part of an individual's pathway to employment, are tailored to individual needs,interests,abilities,and promote career development. These are individualized services necessary to help people experiencing intellectual and/or developmental disabilities obtain and continue integrated employment in the general workforce at or above the state's minimum wage. These services may include intake,discovery,assessment,job marketing&development,job placement,job replacement,worksite job training coaching/supports,development of natural supports,and follow-along and record keeping.Program management; (per the Individual Employment Phases & Billable Activities & https://wwu dsltsssya gov:DDC S'county-best-practices).Specific service deliverables are delineated in Exhibit A—Statement of Work attached hereto. 2) Program management. B. OBLIGATIONS SUBCONTRACTOR shall fulfill the following obligations: 1) SUBCONTRACTOR shall comply with all state and federal requirements regarding the confidentiality of Client records. Client information is not disclosable to the public. Information acquired pursuant to RCW 71 A.14.070 requires a signed Release of Information or a signed Oath of Confidentiality Form. 2) SUBCONTRACTOR is required to assure that each employee has a current (within three years) DSHS background check in accordance with RC,\k'...43 43.830-84_5, RCW 74.15 0.30 and WAC 388-825. Any prospective employee or volunteer who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment, or involvement with the business or organization,must have a background/criminal history clearance before they have unsupervised access. The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance. 3) An"intellectual and/or developmental disability"(IDD)means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities,which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely,and which constitutes a substantial limitation to the individual. 4) If SUBCONTRACTOR reviews the application and elects to hire or retain an individual after receiving notice that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to vulnerable adults as defined in Chapter 74.34 RCW, then DDCS shall deny payment for any subsequent services rendered by the disqualified individual Provider.(Developmental Disabilities Community Services or DDCS means a Division within the Department of Social and Health Services.) CASCADE COMMUNITY CONNECTIONS IE Contract 2025- 2026 DD-25-055 Page 1 of 28 5) COUNTY and its SUBCONTRACTOR are mandated reporters under RCW 74.34.020(13)and must comply with reporting requirements described in RCW 74.34.035, .040 and Chapter 26.44 RCW. If the County is notified by DSHS that a subcontractor staff member is cited or on the registry for a substantiated finding,then that associated staff will be prohibited from providing services under this Program Agreement. 6) SUBCONTRACTOR is required pursuant to RCW 74.15.030;that if any prospective employee who has not resided in Washington State during the last three years, and who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,must have an F.B.I.Fingerprint Check before they have unsupervised access and before prospective employer begins working. The DSHS Background Check Central Unit (BCCU)must be utilized to obtain background clearance. 7) SUBCONTRACTOR is required to repeat the background/criminal history clearance for all employees or volunteers who will or may have unsupervised access to a vulnerable person with a developmental disability in the course of his or her employment,or involvement with the business or organization,every three years.The DSHS Background Check Central Unit(BCCU)must be utilized to obtain background clearance in accordance with RCW 43.43.830-845,RCW 74.15.030 and WAC 388-825. 8) SUBCONTRACTOR shall comply,as mandated reporters under RCW 74.34.020(11),with all state and federal requirements under RCW 74.34.035, .040 Abuse and neglect of Vulnerable Adults; RCW 26.44, Abuse of Children;the WACs:275-26 Division of Developmental Disabilities Services Rules;296-24 General Safety& Health; 296-62 General Occupational Health Standards; WACs: 388-828 Developmental Disabilities Community Services,(DDCS)Assessment;388-845 Home and Community Based Waivers;Defmitions 0001; Criteria for HCBS Services 0030;Basic Waiver Services 0200;Basic Plus Waiver Services 0210;Core Waiver Services 0215; Community Protection Waiver Services 0220; 0600- 0610 Community Access Service; Supported Employment Service 2100. 9) SUBCONTRACTOR shall comply with the following Developmental Disabilities Community Services, DDCS) Policies: 3.01 Client Service Plans; 5.01 Criminal History Background Checks and Safeguarding Personal Information; 5.02 Necessary Supplemental Accommodation (NSA); 5.03 Client Complaints; 5.05 Limited English Proficiency (LEP) Clients; 5.06 Client Rights; 5.13 Protections From Abuse; 5.14 Positive Behavior Support; 5.15 Use of Restrictive Procedures; 6.08 Mandatory Reporting Requirements for Employment and Day Program Services Providers; 6.13 Employment/Day Program Provider Qualifications; 9.07 Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); 12.01 Incident Management;13.04 DRW Access Agreement,and County Guide to Achieve DDCS's..Cuidir Values. 10) The COUNTY staff who performs on-site evaluations of SUBCONTRACTOR work sites,will promptly report to DSHS per DDCS Policy 5.13,Protection from Abuse: Mandatory Reporting, if: a) They have reasonable cause to believe that abandonment, abuse, financial exploitation or neglect (as defined in RCW 74. 34.020) of a person who has a developmental disability (as defined in RCW 71A.10.020)has occurred,and, b) If they have reason to suspect that sexual or physical assault of such a person has occurred,they shall also immediately report to the appropriate law enforcement agency. 11) SUBCONTRACTOR shall comply with the following referenced documents found at DDCS Internet site https:'Awww.dshs.wa.gov:D1)C Sicounty-tie_st-practices under"Counties": a) DDCS Policy 4.11,County Services for Working Age Adults; b) WAC 388- 850, WAC 388-828, WAC 388-845-0001,0030,0205,0210, 0215,0220,0600-0610, 1200- 1210, 1400-1410,2100,2110; c) Criteria for Evaluation; https:Itwwww.dshs,wa ov";,itcs/defauIt±tilus/DDCS!DDCS!documents/Criteria%20for%20Fvaluation% 202021-2023.docx 12) On-Site Evaluation:The County shall evaluate and review services delivered to reasonably assure compliance and quality.The County shall conduct at least one on-site visit to each subcontractor during the biennium.The County shall maintain written documentation of all evaluations,recommendations and corrective action plans for each subcontractor.Copies of such documentation will be provided to the DDCS upon request. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 2 of 28 13) SUBCONTRACTOR shall meet the definition of Quality Assurance,by adherence to all Program Agreement requirements and reasonably expected levels of performance,quality,and practice by adherence to: a) DDCS Policy 6.13,Employment/Day Program Provider Qualifications, https://www,dshs.wa.gow Dl CS}policies-and-ruIeslpoIicy-manual; b) County Guide to Achieve DDCS's Guiding,Values; c) DDCS Guidelines for Community Assessments within Employment and Vocational Programs 14) The DRW Access Agreement with DDCS; assures that the COUNTY and SUBCONTRACTORS have reviewed the Access Agreement Disability Ki ahts Washington(formerly Washington Protection and Advocacy System)Access Agreement. The Access Agreement covers DRW's access to individuals with developmental disabilities,to Clients,to programs and records,to outreach activities,to authority to investigate allegations of abuse,neglect,and other miscellaneous matters,and it is binding for all Providers of DDCS contracted services. 15) SUBCONTRACTOR shall have written policies regarding sexual harassment and non-discrimination (said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants;regarding agency medication procedure; regarding respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). 16) SUBCONTRACTOR shall have a County approved grievance policy for clients that: a) Is explained to clients and others in accordance with DDCS Policy 5.02, Necessary Supplemental Accommodation; https://www,dshs.wa.goy/sites/defaultitlic3IDDCS/DDCS/doeuments/policyt liey5.02,pdf b) Negotiates conflicts; c) States advocates are available and clients are encouraged to bring advocates to help negotiate; d) Provides a mediation process using someone who is unaffected by the outcome if conflicts remain unresolved a DDCS Case Resource Manager may be included as an alternative option; (A DDCS Case Resource Manager(CRM)"means a case manager for DDCS Clients) e) Prohibits retaliation for using the grievance process;and f) Includes a process for tracking and reporting grievance 17) SUBCONTRACTOR shall assure that clients and others,in accordance with DDCS Policy 5.06,Client Rights, have been informed of their rights,what services and benefits may be expected from the program,the program's expectations of them, and if necessary, the client's family, guardian or advocate is also informed.https:!u°svW a,govisites dcftult'liles/DDCS DDCS doc.urnents poiier 1)6.pol 18) SUBCONTRACTOR shall assure that they have policies that protect individual rights; include but are not limited: a) SUBCONTRACTOR shall assure that they have policies that protect individual rights; include but are not limited: b) Respectful staff-to-client interactions c) A person's right to be treated with dignity,respect and free of abuse; d) A person's right to privacy;and e) Safeguarding personal information. 19) SUBCONTRACTOR shall obtain and retain in the clients'files signed proof of client's and/or family's review of all policies,provider expectation,and receipt of information about services and benefits to be provided by the program.The signed proof required by this section shall be reviewed and renewed,with new documentation, annually. 20) SUBCONTRACTOR will encourage participant involvement in policy development. 21) SUBCONTRACTOR shall update Client Intake Forms every 6 months during the Client Review meeting. CASCADE COMMUNITY CONNECTIONS 1E Contract 2025-2026 Page 3 of 28 22) SUBCONTRACTOR shall assure potential conflict of interest,real or apparent,will not arise. Such a conflict will arise when:The employee,officer or agent,any member of immediate family,Guardian/decision maker, or an organization that employs or is about to employ any of the above has financial or other interest in the client(s). 23) SUBCONTRACTOR shall have adequate staffing ratios and patterns to maintain quality and safety. 24) All services for persons with developmental disabilities must be provided with attention to their health and safety. SUBCONTRACTOR shall comply with all applicable federal, state and local fire, health,and safety regulations. 25) SUBCONTRACTOR shall make sure that all incidents involving injury,health or safety issues are reported to DDCS and the County; reference DDCS Policy 6.08, Mandatory Reporting Requirements for Employment Providers.https:t%www. shswa,govisites/default/files!DDCSiDDCS/docomentsipolicv,policy608.pc1f 26) SUBCONTRACTOR shall track and analyze incident reports for potential trends and patterns. 27) Current emergency contact and medical information(medications,diet,allergies,etc.)needed during the hours of service is readily available for each participant. 28) SUBCONTRACTOR shall provide evidence that it employs typical safety protection based upon the environment the client is working or receiving services in. 29) The COUNTY and all SUBCONTRACTORS are mandated reporters under RCW 74.34.020(11); Abuse of Vulnerable Adults l?ttps:;/apps.leg.wa.govtRCW/dcfault.aspx?cite--74.34 and Chapter 26.44 RCW; Abuse of Children.All parties must comply with reporting requirements described in RCW 74.34.035,040 and Chapter 26.44 and must adhere to DDCS Policy, 6.08 Mandatory Reporting Requirements for Employment and Day Program Service Providers. All service provider employees, contractors, and volunteers are mandatory reporters and must report every incident of observed, reported, or suspected abuse, improper use of restraint, neglect,self-neglect,personal or financial exploitation, abandonment and/or mistreatment of clients. 30) The Employment Phases & Billable Activities document defines the individual Client services that DDCS reimburses. That document is located on the DSHS DDCS County Best Practices Web site at httpti/,,wvi 44.dshs,s aa.ov DDCS county-hest practices 31) Where the SUBCONTRACTOR is also the client's employer under Individual Employment, funding for the service provider will be available for the first 6 months of employment. At the end of the 6 months another service provider, who is not the employer of record, must provide the support unless the COUNTY issues a written approval for the Employment Provider to continue with long term supports. 32) SUBCONTRACTOR is required to maintain the following minimum organizational capacity in order to meet the performance standards set forth in this agreement. Failure or inability of SUBCONTRACTOR to meet any or all of these minimum capacity requirements,as determined solely by COUNTY,may be cause for termination of this agreement as provided herein. a) Accreditation: SUBCONTRACTOR must be able to demonstrate conformance to Commission on Accreditation of Rehabilitation Facilities (CARF) standards for quality assurance and CARF accreditation. b) Confidentiality:SUBCONTRACTOR shall protect and maintain all Confidential Information gained by reason of the Program Agreement against unauthorized use,access,disclosure,modification or loss.This duty requires the COUNTY to employ reasonable security measures,which includes restricting access to Confidential Information through: 33) Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10(https:/,'cac;ita.w ,goy policies)of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: httos .-wwwr.dishs.wa_gm ilszilcentaal-contract-wry ica s kceping-dshs-Client-- inthnn ation prk ate-and-secure,which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 4 of 28 34) Administrative Controls. The Contractor must have the following controls in place: a) A documented security policy governing the secure use of its computer network and systems,and which defines sanctions that may be applied to Contractor staff for violating that policy. b) If the Data shared under this agreement is classified as Category 4 data,the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. c) If Confidential Information shared under this agreement is classified as Category 4 data,the Contractor must have a documented risk assessment for the system(s)housing the Category 4 Data. 35) Authorization.Authentication,and Access. hi order to ensure that access to the Data is limited to authorized staff,the Contractor must: a) Have documented policies and procedures governing access to systems with the shared Data. b) Restrict access through administrative,physical,and technical controls to authorized staff. c) Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non-repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d) Ensure that only authorized users are capable of accessing the Data. e) Ensure that an employee's access to the Data is removed immediately: 1. Upon suspected compromise of the user credentials. 2. When their employment, or the contract under which the Data is made available to them, is terminated. 3. When they no longer need access to the Data to fulfill the requirements of the contract. f) Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information. g) When accessing the Data from within the Contractor's network(the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network,including: 1. A minimum length of 8 characters,and containing at least three of the following character classes: uppercase letters,lowercase letters,numerals,and special characters such as an asterisk,ampersand, or exclamation point. 2. That a password does not contain a user's name,logon ID,or any form of their full name. 3. That a password does not consist of a single dictionary word. A password may be formed as a passphrase,which consists of multiple dictionary words. 4. That passwords are significantly different from the previous four passwords. h) When accessing Confidential Information from an external location(the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: 1. Ensuring mitigations applied to the system do not allow end-user modification. Examples would include but not be limited to installing key loggers,malicious software, or any software that will compromise DSHS data. 2. Not allowing the use of dial-up connections. 3. Using industry standard protocols and solutions for remote access. Examples include, but are not limited to RADIUS Microsoft Remote Desktop(RDP)and Citrix. 4. Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network,including the Internet,which is not a Trusted Network. 5. Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than 30 minutes of inactivity. 6. Ensuring use of Multi-factor Authentication to connect from the external end point to the internal end point.All Contractors must be in compliance by 6/30/2020. i) Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan)or token(software, hardware, smart card,etc.)in that case: CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 5 of 28 1. The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor 2. Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) 3. Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) j) If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: 1. Be a minimum of six alphanumeric characters. 2. Contain at least three unique character classes(upper case,lower case,letter,number). 3. Not contain more than a three consecutive character run.Passcodes consisting of 12345,or abcdl2 would not be acceptable. k) Render the device unusable after a maximum of 10 failed logon attempts. 36) Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a) Hard disk drives. For Data stored on local workstation hard disks,access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. b) Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders,access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key,card key,combination lock,or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section(31)Data Disposition, may be deferred until the disks are retired,replaced,or otherwise taken out of the Secure Area. c) Optical discs(CDs or DVDs)in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose,such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel,with access controlled through use of a key,card key, combination lock, or comparable mechanism. d) Optical discs(CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security,such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e) Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. f) Remote Access. Access to and use of the Data over the State Governmental Network(SGN)or Secure Access Washington(SAW)will be controlled by DSHS staff who will issue authentication credentials e.g. a Unique User ID and Hardened Password)to Authorized Users on Contractor's staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 6 of 28 terminated or otherwise leaves the employ of the Contractor,and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g) Data storage on portable devices or media. 1. Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized,the Data shall be given the following protections: a. Encrypt the Data. b. Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. c. Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. d. Apply administrative and physical security controls to Portable Devices and Portable Media by: i. Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared,and iii. Taking frequent inventories. 2. When being transported outside of a Secure Area,Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data,even if the Data is encrypted. h) Data stored for backup purposes. 1. DSHS Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. 2. Data may be stored on non-portable media(e.g. Storage Area Network drives,virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so,such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it,the data will be destroyed at that time in accordance with the disposition requirements below in Section(31)Data Disposition. i) Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: 1. DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: a. Contractor has written procedures in place governing use of the Cloud storage and Contractor attest to the contact listed in the contract and keep a copy of that attestation for your records in writing that all such procedures will be uniformly followed. b. The Data will be Encrypted while within the Contractor network. c. The Data will remain Encrypted during transmission to the Cloud. d. The Data will remain Encrypted at all times while residing within the Cloud storage solution. e. The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor. f. The Data will not be downloaded to non-authorized systems,meaning systems that are not on the contractor network. g. The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within the contractor's network. 2. Data will not be stored on an Enterprise Cloud storage solution unless either: a. The Cloud storage Provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit;or, b. The Cloud storage solution used is HIPAA compliant. 3. If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act(HIPAA),the Cloud Provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 7 of 28 37) System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes: a) Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available. b) The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c) Systems containing DSHS Data shall have an Anti-Malware application,if available,installed. d) Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses,will be no more than one update behind current. 38) Data Segregation. a) DSHS category 4 data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. 1. DSHS Data will be kept on media(e.g.hard disk,optical disc,tape,etc.)which will contain no non- DSHS Data. 2. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. 3. DSHS Data will be stored in a database which will contain no non-DSHS data.And/or, 4. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. 5. When stored as physical paper documents, DSHS Data will be physically segregated from non- DSHS data in a drawer,folder,or other container. b) When it is not feasible or practical to segregate DSHS Data from non-DSHS data,then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 39) Data Disposition.When the contracted work has been completed or when the DSHS Data is no longer needed, except as noted above in Section(30.b.)DSHS Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks,or Using a"wipe"utility which will overwrite the Removable media(e.g. floppies,USB flash drives, Data at least three(3)times using either random or portable hard disks)excluding optical discs single character data,or Degaussing sufficiently to ensure that the Data cannot be reconstructed,or Physically destroying the disk Paper documents with sensitive or Confidential Recycling through a contracted firm,provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential On-site shredding,pulping,incineration,or Information requiring special handling(e.g. contractor protected health information) Optical discs(e.g. CDs or DVDs) Incineration,shredding,or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing,incinerating or crosscut shredding 40) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery. If no DSHS Contact is designated in the Contract,then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 8 of 28 41) Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor,the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments,attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract,then the contract with the sub-Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. 42) Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one(1)business day of discovery If no DSHS Contact is designated in the Contract,then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. 43) SUBCONTRACTOR shall provide the following: a) Equal Access: SUBCONTRACTOR will assure equal access to persons who do not speak or have a limited ability to speak,read,or write English well enough to understand and communicate effectively reference DDCS Policy 5.05.Limited English Profit-ion(LEP)(:."Bents). b) The date policies are implemented or the date,they are revised. c) Financial and Program Management:SUBCONTRACTOR will maintain an administrative/organizational structure that clearly defines responsibilities; systems and personnel to maintain accounting records that accurately reflect all program revenues and expenditures; prepare monthly statements of activity(ADSA Reports);maintain appropriate client service records and progress reports;and track key program performance indicators. d) Participants: SUBCONTRACTOR has a commitment to support integration of individuals with developmental disabilities with people who are not disabled and has involved participants with developmental disabilities in policy development. e) Partnerships: SUBCONTRACTOR has a history of working cooperatively with community-based organizations including Employers, other Agencies, the COUNTY DD Program, the Division of Vocational Rehabilitation(DVR),and the Schools. f) Performance Plan: SUBCONTRACTOR has a written performance plan that describes its mission, program objectives, expected outcomes, and describes how and when objectives will be accomplished; and will assure the plan is evaluated at least biennially with revisions based on actual performance. The Performance Plan must include performance indicators that address diversity, equity, and inclusion efforts. SUBCONTRACTOR will document progress on performance indicators identified in DDCS Policy 6.13,Provider Qualifications for Employment and Day Program Services. tttl75A/'www.dshs.wa.gav'sites€defauh!f lcs/DDCS/DDCS/doeutnents:'policv/polic\6.13.pdf g) Quality Assurance Plan:SUBCONTRACTOR has a written quality assurance plan that evaluates Client progress every 6 months by looking at: 1. Increased wages(by acuity) 2. Increased number of working hours(by acuity) 3. The number of new jobs(by acuity) 4. Job loss and why—retention rates(by acuity) 5. The percentage employed(by acuity) 6. Looking at Quantitative-(Data)vs.Qualitative-(Narrative) h) SUBCONTRACTOR will collect, analyze and compare all the performance indicators/objective measures listed above in Section: (f) 1-6.The results will be sent to the County every 6 months. i) The COUNTY'S Service Evaluation System: shall serve as the method by which current Providers demonstrate that they continue to be qualified as Providers. A copy of the COUNTY'S Service Evaluation System shall be provided upon request,to DDCS for review. j) Internal Control Systems:SUBCONTRACTOR will have an administrative/organizational structure that clearly defines responsibilities. 1. SUBCONTRACTOR has sufficient policies and procedures for establishment and maintenance of adequate internal control systems. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 9 of 28 2. SUBCONTRACTOR will maintain written policy procedural manuals for information systems, personnel, and accounting/finance in sufficient detail such that operations can continue should staffing change or prolonged absences occur. 3. SUBCONTRACTOR will date all policies when they are implemented or date when they are revised. k) Qualified Staff: SUBCONTRACTOR will provide adequate, qualified staff with skills and experience in evaluation, training, supervision, counseling and support of adults with developmental disabilities who are earning wages,per the attached Statement of Work. 1. SUBCONTRACTOR will assure that all direct service staff are trained and has experience in accordance with DDCS Policy 6.13 and that training is documented. 2. SUBCONTRACTOR will assure that each employee has a current (within three years) DSHS background check in accordance with RCW 43.43.830-845,RCW 74.15.030 and WAC 388-825. 3. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications upon request. 1) Safety: SUBCONTRACTOR will provide evidence that it employs safety protection based on the environment in which the participant is working or receiving services. m) Integration: Employment and day services must adhere to the Home and Community Based settings HCBS)requirements of 42CFR 441 530(a)(I),including that: 1. The setting is integrated in the greater community and supports individuals to have full access to the greater community; 2. Ensures the individual receives services in the community to the same degree of access as individuals not receiving Medicaid HCBS; 3. The setting provides opportunities to seek employment and work in competitive integrated settings; and 4. The setting facilitates individual choice regarding services and supports,and who provides them. 44) SUBCONTRACTOR shall identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services.These settings are presumed not to be home and community-based. 45) SUBCONTRACTOR shall provide an Individual Employment/Vocational Client Plan and/or Person-Centered planning/profiles delineating individual skills and needs within 30 days of the beginning of services on all program clients. The SUBCONTRACTOR shall use the new Employment Program Plan Report Form for Individual Employment/Vocational Client Plans. a) Individual EmploymentNocational Client Plans will include: 1. Information that identifies and addresses the individualized goal and support needs for each participant.The plan should be developed by the provider in collaboration with the Case Resource Manager,client,guardian and his or her family(the team). 2. Initial plans will be completed within 30 days from date of service authorization and must be signed by the participant and/or his or her guardian, if any. 3. Copies of the initial plan and semi-annual progress reports will be distributed as appropriate to all team members. 4. Plans will be reviewed and signed every six(6)months. b) Individual EmploymentNocational Client Plans- Subsequent Six (6) Month (semi-annual) Progress Reports will include: 1. Current date 2. Timeline for the plan 3. Client's name: first and last 4. Client ADSA ID 5. Employment goal a. Preferred(job type)the individual wishes to obtain or maintain b. The preferred wages/salary the individual wishes to earn c. The number of hours the individual prefers to work d. The preferred work shifts 6. The individual's skills,gifts,interests,and preferred activities 7. Measurable strategies(action steps and supports)to meet the employment goal CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 10 of 28 8. Identification of persons and/or entities (such as family, Division of Vocational Rehabilitation) available to assist the client in reaching his/her employment goal 9. Identification of other accommodations, adaptive equipment, and/or supports critical to achieve employment goal c) SUBCONTRACTOR must assure that Individual Supported Employment staff hours are attributed to the Client via the Individual Employment Phases&Billable Activities. Individual Ii.mpJP,„YJAPItt illabje Activities'_-1-2018.pdf{wa.gov1 d) SUBCONTRACTOR shall identify the provision of supports necessary for job success to each participant. Supports may include, but are not limited to, identification of resources necessary for transportation,job restructuring,work materials or routine adaptation,work environment modifications, identification of job counseling needs,etc. e) SUBCONTRACTOR will provide training and support to employers and co-workers, in each job placement to ensure jobs are maintained and fading is occurring. This also includes the development of natural supports. f) The SUBCONTRACTOR will document all employment services activities and outcomes to those activities that relate to the participant's individually identified goal(s)as outlined in their Six(6)Month semi-annual)Progress Report. g) The SUBCONTRACTOR will invite the COUNTY to all six-month client meetings at least 20 days before the meeting occurs. h) The SUBCONTRACTOR will provide six- month progress reports describing the progress made towards achieving the client's goal,service activities and the outcome of those activities will be provided by the service provider to the Case Resource Manager, client, and/or guardian if any within 30 days following the six-month period. i) The SUBCONTRACTOR will document all services that relate to the client's individually identified goal(s)as outlined in their six-month plan. j) The SUBCONTRACTOR will provide the following: 1. Training and support is provided as a part of an individual's pathway to integrated employment in accordance with DDCS Policy 4.1 1,Oman Strvit.e to:_tl rrrkirri, 4 . LLftrlts. 2. Information about wages,productivity,benefits,and work hours for each participant. 3. Progress in achieving increased wages and work hours for each participant. 46) The SUBCONTRACTOR shall report any injury or accident that requires more than simple first aid,and any extraordinary incident that requires intervention by the SUBCONTRACTOR to the DSHS/DDCS Case Manager for the individual involved, and then report the injury, accident, or extraordinary incident to the COUNTY Coordinator. This includes serious physical or emotional harm or potential harm. a) Incidents involving injury,health or safety issues are reported to DDCS and the County reference DDCS Policy 6 08 S/andatnry Rs/ion/LT, R ttir anents j+rr=Emplrrt;ment and Day Program Services Pr•oriders, b) The initial report to the COUNTY may be done via documented telephone calls to the COUNTY Coordinator. c) The SUBCONTRACTOR shall submit a written follow-up report within 10 days to the COUNTY Coordinator. The report to the COUNTY Coordinator may be submitted by email, facsimile(FAX)to 360-385-9401, or by mail to Jefferson COUNTY Public Health 615 Sheridan Port Townsend, WA 98368. d) Serious and emergent incidents shall be handled in accordance with DSHS/DDCS Policy 12.01,Incident Management. e) Incident reports are tracked and analyzed for potential trends and patterns. f) Mandatory reporting is done in accordance with Chapter 74_34 RCW, .rhitm of I'Boer:hie.Adults and Cli pter'fi.4# RC W..-1lime rr l P ht/firen. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 11 of 28 47) AUDIT REQUIREMENTS. Independent Audit will be submitted annually to the Jefferson COUNTY DD COUNTY Coordinator in the following manner: SUBCONTRACTOR must be able to account for and manage public funds in compliance with Generally Accepted Accounting Principles"GAAP". An agency, for-profit or non-profit,who receives in excess of 100,000 in DDCS funds during its fiscal year from the County, shall provide Certified Public Accountant reviewed or audited fmancial statements within nine months subsequent to the close of the subcontractor's fiscal year. Copies of the audit and management letter shall be submitted to the Jefferson COUNTY Public Health Department within 9 months of the end of the SUBCONTRACTOR'S fiscal year. 48) The SUBCONTRACTOR shall provide an independent audit of the entire organization which: a) Is performed by an independent Certified Public Accountant,the Washington State b) Auditor's Office,or another entity the COUNTY and the SUBCONTRACTOR mutually approve. c) Provides 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 OMB Circular A-133,as applicable. d) The SUBCONTRACTOR shall submit two (2) copies of the audit and/or the summary and the management letter directly to the COUNTY immediately upon completion. The audit must be accomplished by documentation indicating the SUBCONTRACTOR'S Board of Directors has reviewed the audit. 49) If the Developmental Disabilities Program Coordinator fords indications of potential non-compliance during the contract monitoring process or learns that the SUBCONTRACTOR is out of compliance with any of the terms or conditions of this contract,the following process will be pursued: a) Informal Notification: Informal process wherein the COUNTY Coordinator alerts the SUBCONTRACTOR in writing of the potential non-compliance and an agreeable solution is reached within ten(10)days. b) Official Notification:If the informal notification does not result in resolution,the official notification of possible non-compliance to establish a date, within ten (10) working days of notification, when representatives of the COUNTY and the SUBCONTRACTOR shall meet to discuss areas of contention and attempt to resolve the issues. c) Written Summary: Within ten(10)working days of such official notification,the COUNTY will provide the SUBCONTRACTOR a written summary of the areas of non-compliance by certified mail. Notice shall be sent to the address identified in the Agreement. d) Discussion: Within twenty(20)days of the date of the written summary,a discussion between COUNTY and SUBCONTRACTOR shall be conducted to resolve areas of non-compliance or potential non- compliance. e) Should the above procedures fail to resolve the compliance issue,the parties will obtain the services of the Peninsula Dispute Resolution Center,or another agreed upon resource,and shall share equally in any retainer fees or other costs of services.If no agreement is reached,the mediator's decision in the matter will be binding on all parties, except that in no event will the County honor a financial determination that is greater than the funds allowed the scope of this Agreement. 50) For six years following the end date of this agreement, SUBCONTRACTOR will maintain client records and books, records, documents, reports and other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect expenditures of funds provided under this agreement. 51) Client records shall minimally include statement of client goals,documentation of training provided,training hours,routine progress notes and semi-annual summary of progress toward meeting client goals. 52) SUBCONTRACTOR will provide COUNTY with Individual Employment/Vocational Plans (or Person- Centered Plan/Profile), client goals, and a summary of progress towards meeting those goals on a bi-annual basis. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 12 of 28 53) COUNTY shall develop and have available an evaluation system to review services. The evaluation system must have both a Quality Assurance and a Quality Improvement component, and both must include objective measures.The objective measures at a minimum will include performance indicators,by acuity,that include the number of new jobs;job Ioss and reasons for job loss,the percentage employed earning minimum wage or better;and the average number of hours worked.The COUNTY's service evaluation system shall serve as the method where the SUBCONTRACTOR shall demonstrate that they continue to be qualified providers.A copy of such evaluation system shall be provided upon request to DDCS for review and approval. 54) SUBCONTRACTOR shall provide COUNTY with a copy of a signed DSHS Provider Agreement within 30 days of the effective date of this agreement. 55) SUBCONTRACTOR agrees to assign to COUNTY its Medicaid Billing Rights for services to clients eligible under Title XIX programs. Written documentation shall be available to COUNTY on request. If SUBCONTRACTOR contracts directly with DSHS to provide covered services under Title XIX,COUNTY agrees that funding intended for those clients shalt be excluded from this agreement. If SUBCONTRACTOR contracts directly with Social Security to provide covered services under a PASS/IRWE,COUNTY agrees that funding intended for those clients shall be excluded from this agreement. C. REIMBURSEMENTS 1) Subcontractors receiving reimbursement on a fee for service basis may be reimbursed,at the discretion of the COUNTY, for any temporary closure or substantial non-attendance necessitated by natural causes, disasters, State/COUNTY trainings or mechanical failure above and beyond the control of the Contactor. Federal XIX funds may not be used for this purpose. 2) For said services rendered under this agreement,COUNTY shall reimburse SUBCONTRACTOR on a unit rate basis as follows: a) Individual Employment Services:SUBCONTRACTOR will be paid up to but no more than$108.80 per UNIT assigned Service Responsibility of regular Program Service;from July 1,2025 to June 30,2026 as defined in Exhibit A, Statement of Work. (The rate is dependent on amount of funding in the budget.) b) COUNTY will check in with SUBCONTRACTOR on a quarterly basis as to the status of the budget and the number of clients requesting service. The budget may have to be renegotiated if a number of new clients need services. c) Claims for individuals' services made in the CMIS system must be in compliance with the defined units: 1)hour=at least 50 minutes;(2)day=at least 4 hours;and(3)month=a minimum of one service visit with 50 minutes of direct service. 3) SUBCONTRACTOR will bill COUNTY monthly in arrears and on a monthly basis,on or before the 5th day of the month, for units of service provided under this agreement during the preceding month. SUBCONTRACTOR will submit a Monthly DDCS Services Report(ASDA)form for its billings.At no time shall the invoices for reimbursement be submitted more than 60 calendar days following the last day of the month for which the services were provided without COUNTY approval. 4) COUNTY may,at its option,withhold reimbursement for any month for which required reports and/or invoices have not been received,or are not accurate and/or complete,or for contractual non-compliance issues. 5) Total reimbursements for fiscal year 2025-2026 to SUBCONTRACTOR by COUNTY under this contract shall not exceed $299,798.40 in completion of these services without express written amendment signed by both parties to this Agreement.This Agreement shall commence on July 1,2025 and continue through June 30,2026 unless terminated as provided herein. Work performed between July. 1, 2025 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified.This total reimbursement includes any amendment within the fiscal year of 2025-2026. 6) SUBONTRACTOR will access Division of Vocational Rehabilitation (DVR) funding as a resource. Client services shall not be reimbursed under this agreement when the same services are paid for under the Rehabilitation Act of 1973,DVR,P.L.94-142(Public Education),or are being funded under PASS/IRWE. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 13 of 28 7) If SUBCONTRACTOR contracts directly with DSHS to provide covered services under Title XIX,COUNTY agrees that funding intended for those Clients shall be excluded from this agreement. If SUBCONTRACTOR contracts directly with Social Security to provide covered services under a PASS/IRWE,COUNTY agrees that funding intended for those Clients shall be excluded from this agreement. D. DEBARMENT By signing this Agreement, the SUBCONTRACTOR certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). The SUBCONTRACTOR agrees to include the above requirement in any and all subcontracts into which it enters,and also agrees that it will not employ debarred individuals. The SUBCONTRACTOR must immediately notify the County if, during the term of this Agreement, the SUBCONTRACTOR becomes debarred. The County may immediately terminate this Agreement by providing the SUBCONTRACTOR written notice,if the SUBCONTRACTOR becomes debarred during the term of this Agreement. E. FUNDING WITHDRAWN,REDUCED OR LIMITED If the COUNTY determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement, then the COUNT,at its sole discretion,may: (1)Terminate this agreement;(2)Renegotiate this Agreement under the revised funding conditions;or, (3) Suspend the SUBCONTRACTOR's performance under this Agreement upon five (5)business days' advance notice to the SUBCONTRACTOR, if the COUNTY determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow the SUBCONTRACTOR's performance to resume prior to the normal completion date of this Agreement. F. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBCONTRACTOR If overpayments or erroneous payments have been made to the SUBCONTRACTOR under this Agreement, the COUNTY will provide notice to the SUBCONTRACTOR and the SUBCONTRACTOR shall refund the full amount of the overpayment within thirty(30)calendar days of the notice. If the SUBCONTRACTOR fails to make timely refund,the COUNTY may charge the SUBCONTRACTOR one percent(1%)per month on the amount due,until paid in full. G. RECORDS AND DOCUMENTS REVIEW 1) The SUBCONTRACTOR must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Agreement and the performance of the services rendered,along with accounting procedures and practices,all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. At no additional cost, these records, including materials generated under this Agreement,are subject at all reasonable times to inspection,review,or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement. 2) The SUBCONTRACTOR must retain such records for a period of six(6)years after the date of final payment under this Agreement. 3) If any litigation, claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation,claims,or audit findings involving the records have been resolved. H. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. 1) SUBCONTRACTOR shall immediately report to the COUNTY any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement,the SUBCONTRACTOR shall submit a Monitoring Certification using the form attached as Exhibit B for purposes of the County performing the risk assessment of the SUBCONTRACTOR and compliance monitoring of this Agreement that is required under the Program Agreement. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 14 of 28 MISCELLANEOUS 1) DSHS Developmental Disabilities Community Services(DDCS) shall determine client eligibility and service referral are the responsibility of the DDCS pursuant to Chapter 388-823 WAC(Eligibility)and Chapter 388- 825 WAC(Service Rules).Only persons referred by DDCS shall be eligible for direct Client services under this Program Agreement. It is DDCS's responsibility to determine and authorize the appropriate direct service(s) type. Direct Client services provided without authorization are not reimbursable under this Program Agreement. 2) DSHS Developmental Disabilities Community Services(DDCS)shall notify COUNTY of persons authorized for services reimbursed under this agreement.Only persons referred to COUNTY by DDCS through a County Service Authorization,(CSA)shall be eligible for services reimbursed under this agreement. 3) The SUBCONTRACTOR'S relation to the COUNTY shall at all times be that of independent SUBCONTRACTOR. Any and all employees of the SUBCONTRACTOR, or other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement, shall be considered employees of the SUBCONTRACTOR only,and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the SUBCONTRACTOR. 4) The SUBCONTRACTOR 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. 5) The SUBCONTRACTOR, by signature to this Agreement, certifies that the SUBCONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement, or any Agreement by any Federal department or agency. The SUBCONTRACTOR also agrees to include the above requirement to all subcontracts into which it enters. 6) The SUBCONTRACTOR shall obtain and keep in force during the terms of the Agreement,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48:05: a) Worker's compensation and employer's liability insurance. The Contractor will participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington; b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$1,000,000 each occurrence with the COUNTY named as an additional insured in connection with the SUBCONTRACTOR'S performance of the contract. c) General Commercial Liability Insurance in an amount not less than a single limit of two million dollars 2,000,000.00)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: 1. Broad Form Property Damage,with no employee exclusion 2. Personal Injury Liability,including extended bodily injury 3. Broad Form Contractual/Commercial Liability- including completed operations 4. Premises-Operations Liability(M&C) 5. Independent Contractors and Subcontractors 6. Blanket Contractual Liability 7) All employees or subcontractors of SUBCONTRACTOR who are required to be professionally certified by the State in the performance of services under this agreement shall maintain professional liability insurance/error and omissions liability insurance in the amount of not less than one million dollars($1,000,000). In no case shall such professional liability to third parties be limited in any way. 8) It shall be the responsibility of the SUBCONTRACTOR to ensure that any and all persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement,shall comply with the same insurance requirements that SUBCONTRACTOR is required to meet. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 15 of 28 9) Failure on the part of the SUBCONTRACTOR to maintain the insurance as required shall constitute a material breach of contract upon which the COUNTY may, after giving five working days' notice to the SUBCONTRACTOR to correct the breach,immediately terminate the contract or,at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the COUNTY on demand, or at the sole discretion of the COUNTY, offset against funds due the SUBCONTRACTOR from the COUNTY. 10) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 11) Excepting the Workers Compensation insurance and any professional liability insurance secured by the SUBCONTRACTOR,the COUNTY will be named on all certificates of insurance as an additional insured. The SUBCONTRACTOR shall furnish the COUNTY with verification of insurance and endorsements required by this Agreement. The COUNTY reserves the right to require complete, certified copies of all required insurance policies at any time. 12) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The SUBCONTRACTOR shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the COUNTY. All insurance policies obtained by the SUBCONTRACTOR shall be primary to any equivalent or applicable policies held by the COUNTY.All insurance policies obtained by the SUBCONTRACTOR shall include a waiver of subrogation rights.Any insurance self-insured retention, deductible or risk retention maintained,or participated in,by the COUNTY shall be excess and shall be non- contributory to the insurance policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract. All policies provided by the SUBCONTRACTOR in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. 13) The COUNTY will pay no progress payments under Section C until the SUBCONTRACTOR has fully complied with this section. This remedy is not exclusive;and the COUNTY may take such other action as is available to them under other provisions of this Agreement,or otherwise in law. 14) Nothing in the foregoing insurance requirements shall prevent the COUNTY, at its option, from additionally requesting that the SUBCONTRACTOR deliver to the COUNTY an executed bond as security for the faithful performance of this contract and for payment of all obligations of the SUBCONTRACTOR. 15) The SUBCONTRACTOR shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson COUNTY,WA. 16) The SUBCONTRACTOR shall comply with the WA State Department of Labor and Industries Minimum Wage Act, RCW 49.46,acknowledging persons with disabilities participating in job assessments are not considered employees. 17) The SUBCONTRACTOR shall defend, indemnify and hold the COUNTY, its officers, officials, employees, agents and volunteers(and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attomey's fees, arising out of or resulting from the acts, errors or omissions of the SUBCONTRACTOR in performance of this Agreement, except for injuries and damages caused by the sole negligence of the COUNTY. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SUBCONTRACTOR and the COUNTY, its officers,officials,employees,agents and volunteers(and their marital communities)the SUBCONTRACTOR's liability, including the duty and cost to defend,shall be only for the SUBCONTRACTOR's negligence. It is further specifically understood that the indemnification provided constitutes the SUBCONTRACTOR's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 18) Claims against the COUNTY shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered there under, constitutes an infringement of any copyright,patent,trademark,trade name,or otherwise results in an unfair trade practice or an unlawful restraint of competition. CASCADE COMMUNITY CONNECTIONS lE Contract 2025-2026 Page 16 of 28 19) The SUBCONTRACTOR specifically assumes potential liability for actions brought against the COUNTY by SUBCONTRACTOR'S employees, including all other persons engaged in the performance of any work or service required of the SUBCONTRACTOR under this Agreement and, solely for the purpose of this indemnification and defense, the SUBCONTRACTOR specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The SUBCONTRACTOR recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. 20) SUBCONTRACTOR shall not discriminate against any person presenting themselves for services based on race,religion,color,sex,age,or national origin. 21) COUNTY reserves the right to terminate this contract in whole or in part,without prior written notice, in the event that contractual terms are not fulfilled,or if expected or actual funding from the Department of Social and Health Services Division of Developmental Disabilities is withdrawn,reduced,or limited in any way after the effective date of this agreement. In the event of termination under this clause,COUNTY shall be liable only for payment for services rendered prior to the effective date of termination. 22) No portion of this contract may be assigned or subcontracted to any other individual,firm,or entity without the express and prior written approval of COUNTY.If the COUNTY agrees in writing that all or a portion of this Contract may be subcontracted to a third-party, then any contract or agreement between the SUBCONTRACTOR and a third-party subcontractor must contain all provisions of this Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this agreement. 23) The parties agree that: a) No representation or promise not expressly contained in this Agreement has been made. b) They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied,which is not expressly contained in this Agreement. c) This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,whether written or oral,within the scope of this Agreement. 24) 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. 25) 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. 26) The Contractor shall not sell,assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 27) 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. 28) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all the parties. 29) This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. 30) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31) Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic,audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor also agrees that upon receipt of CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 17 of 28 any written public record request,the Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. APPROVED AND ADOPTED this ,.5'--day of f i(irdt Le-,2025. JEFFERSON COUNTY WASHINGTON CASCADE COMMUNITY CONNECTIONS Board of County Commissioners Je County,Washington i 0 ' By: L By: Hei Eisenhour,Chair Taylo Webster BY:Title: Owner/Director g B, on,Commissioner Date: /%//2-D15 B e er Nollette,Commissioner SEAL: a,,,,.,it„,p,„ 4 C, tA4i; ,• t'1. % 1.2i1 ATTEST: rn :, Cam all ay, i.«o`` Clerk o the oard Approv to 7only:4 / . , it for 08/22/2025 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 18 of 28 EXHIBIT A STATEMENT OF WORK INDIVIDUAL SUPPORTED EMPLOYMENT WORK STATEMENT SUBCONTRACTOR shall provide Individual Supported Employment Services for program clients as described hereinafter.SUBCONTRACTOR shall be reimbursed for such services on a unit of service basis pursuant to Section C.,Reimbursements of this contract. II. PROGRAM DESCRIPTION A. Program Goals: 1. To support and strengthen Cascade Community Connections' capacity to provide quality, cost-effective individual supported employment services. 2. To assure that businesses employing individuals experiencing intellectual and/or developmental disabilities in Jefferson County will meet the Employment Quality Indicators from the County Guide to achieve Developmental Disabilities Community Services Guiding Values. 3. To provide employment services that are designed to meet specific needs of individuals based on personal preferences and individualized goals and outcomes. 4. To provide appropriate job matching and necessary vocational support services to assure that program clients placed in individual community jobs maintain continuous employment for at least one year. 5. To provide Pathway to Employment Plan facilitation,a discovery process,detailed action steps/timelines that will serve as a transition tool towards the advancement of the individual's pathway and as an aid in the implementation of matching program clients to appropriate employment services in the community. 6. When appropriate,to provide assessment and consultation,in order to identify and address existing barriers to employment for individuals who have not yet achieved their employment goal, through consulting and assessment. (This is in addition to supports received through Supported Employment services or Group Employment services for individuals who have not yet achieved their employment goal). 7. Clients in an employment program will be supported to work toward a living wage. A living wage is the amount needed to enable an individual to meet or exceed his or her living expenses. Clients should average twenty(20)hours of community work per week or eighty-six hours per month. 8. To identify settings that isolate people from the broader community or that have the effect of isolating individuals from the broader community of individuals who do not receive Medicaid HCB services. Clients will not access these settings because they are presumed not to be home and community-based. B. Definitions 1. Individual Supported Employment or"IE"services are a part of an individual's pathway to employment and are tailored to individual needs, interests, and abilities, and promote career development. These are individualized services necessary to help persons experiencing intellectual and/or developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. These services may include intake, discovery, assessment, job preparation, job marketing, job supports, record keeping and support to maintain a job. 2. Placement is defined as employment in a first job or in multiple jobs arranged by SUBCONTRACTOR for 90 calendar days. Placements may be: full-time, average work week of 20 to 40 hours;part-time, average work week of 12 hours to 20 hours,or less than average work week of 2 to 12 hours. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 19 of 28 3. Replacement is defined as being assisted by the same SUBCONTRACTOR in any subsequent employment second,third, fourth job, etc.)for 90 calendar days. Employment may be full-time,part-time, or other as defined in B.2 above. 4. Placement and Replacement Services may include: vocational counseling and job analysis to assist in the identification of work objectives and the job match process;job development,locating a suitable community job for the worker; initial placement and post-hire training of the supported employee, employer and/or coworkers at the employment site; job restructuring and worksite modifications; supporting the worker, employer,and other interested persons(parents,unions,other employees,etc.)to develop natural workplace supports and ensure stability on the job;assisting the worker to obtain other services necessary for continued employment; feedback to the worker, COUNTY and to DDCS Field Services regarding progress and/or problems. 5. Follow along Services begin at the time of placement or replacement and may include: visiting with the worker, the employer, and other interested parties (parents, unions, etc.) to insure stability on the job; providing feedback to the worker, COUNTY, and to DDCS Field Services regarding progress and/or problems;counseling the worker and his/her family on vocational issues. 6. The development of an Individual Employment Plan that will serve as a transition tool toward the advancement of the individual's employment pathway and as an aid in the implementation of matching program clients to appropriate employment services in the community. 7. Planning is defined as facilitating the development of a Pathway to Employment Plan;delineating individual vocational skills, experiences, preferences, strengths, support needs, skills, goals and objectives, education on system navigation and the Discovery Process related to vocational skills and capabilities. 8. Implementation of the Action Steps that detail tasks timelines and entities responsible for leading to the community employment will reflect that 75%of the direct service hours with the client will be at employment sites in the community.The amount of service a client receives will be based on his/her demonstrated need, acuity level,and work history. C. Program Requirements 1. The SUBCONTRACTOR will clearly communicate to the client and the COUNTY, prior to beginning service,an expected change in the maximum service hours per month the client can expect to receive. Service changes will not occur until the client has received proper notification from DDCS. i. The client's DDCS Person Centered Service Plan;(PCSP)is the driver for service. The CMIS County Service Authorization and the updated Planned Rates information will not exceed the client's DDCS PCSP. ii. The amount of service the client receives should match with the CMIS County Service Authorization and updated Planned Rates information. 2. If SUBCONTRACTOR is selected as the client's provider,SUBCONTRACTOR shall provide an Individual Employment/Vocational Client Plan delineating individual skills, experiences, preferences, strengths, support needs, skills, and goals and objectives within 30 days of the beginning of services for the client, in order to promote Individual Employment. (Minimum Individual Employment/Vocational Client Plan elements are outlined in the reference document called "Criteria for Evaluation" available on the DDCS website.) 3. SUBCONTRACTOR will provide a copy of the Individual Employment/Vocational Client Plan to the client, their CRM's,Guardian,the COUNTY,and others as appropriate. 4. SUBCONTRACTOR's employment services, may include a personal discovery process related to skills, capabilities, and goals;education on system navigation; facilitated plan development;action steps detailing steps, timelines, and entities responsible for the accomplishment of tasks of vocational services leading to employment. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 20 of 28 5. Clients in an employment program will be supported to work towards a living wage. A living wage is the amount needed to enable an individual to meet or exceed his/her living expenses. Clients should average twenty(20)hours of community work per week or eighty-six(86)hours per month.The amount of service a client receives will be based on his/her demonstrated need,acuity level and work history per WAC 388-828. 6. Prior to beginning service or prior to an expected change in service,the provider will clearly communicate to the Client and the County the maximum service hours per month the Client can expect to receive. Service changes will not occur until the Client has received proper notification from DDCS. 7. The amount of service the Client receives should match with the CMIS CSA and updated Planned Rates information 8. SUBCONTRACTOR will provide an individualized plan to identify Client's preferences. Minimum plan elements are outlined in the reference document "Criteria for an Evaluation." A copy of the Client's individualized plan will be provided to their CRM,guardian and others as appropriate. 9. All Clients will be contacted by SUBCONTRACTOR according to Client need and at least once per month. 10. If Clients in Individual Employment,have not obtained paid employment at minimum wage or better within six(6)months,COUNTY will assure that the SUBCONTRACTOR will take the following steps: i. Review the progress toward employment goals; ii. Provide evidence of consultation with the family/Client;and iii. Develop additional strategies with the family/Client, county staff, employment support staff and the case manager. Strategies may include providing technical assistance, changing to a new provider, and/or providing additional resources as needed to support the individual's pursuit of employment. The additional strategies will be documented for each Client and kept in the Client's file(s). 11. If after twelve (12) months the Client remains unemployed, SUBCONTRACTOR will assure that an additional review will be conducted. SUBCONTRACTOR will address steps outlined in the previous six(6) month progress report in the next six-month progress report. 12. For Individual Employment where the SUBCONTRACTOR is also the Client's employer,long term funding will remain available to the service provider employer for six months after the employee DDCS Client's date of hire. At the end of the six-month period,if the DDCS Client continues to need support on the job,another service provider who is not the employer of record must provide the support unless the County issues prior written approval for the service provider to continue to provide long-term supports if needed. 13. If SUBCONTRACTOR fails to provide the minimum number of monthly service hours for the client, the COUNTY will advise the client,Parent/Guardian,and/or Residential Provider concerning the minimum and maximum number of service hours the client should be receiving and inform them of the option of choosing another Employment Provider. 14. SUBCONTRACTOR shall provide an Individual Employment/Vocational Client Plan for clients in Individual Employment delineating individual skills, experiences, preferences, strengths, support needs, vocational interests and goals and objectives within 30 days of the beginning of services for the client in order to promote Individual Employment. 15. SUBCONTRACTOR will use the new Employment Plan Report Form.(Minimum EmploymentNocational Client Plan elements are outlined in the reference document called"Criteria for Evaluation"available on the DDCS website.) 16. SUBCONTRACTOR will provide a copy of the EmploymentNocational Client Plan to the Client, their CRM's,Guardian,the COUNTY,and others as appropriate. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 21 of 28 17. SUBCONTRACTOR must ensure that Client Goals and Objectives are based on a Person-Centered Plan or an Individual Employment/Vocational Client Plan;that documentation, data collected,training reflects the goals and objectives; shows how it has identified and addressed support needs of each participant by demonstrating methods for providing individualized services outlined in a Client's Plan. 18. SUBCONTRACTOR must ensure that job coaching and supervision of program clients will be based on goals established in an Individual Employment/Vocational Client Plan. Client goals,training provided,and progress toward meeting goals shall be documented in each client record. 19. The Progress Report shall demonstrate how the individual is progressing on his/her goals and objectives,in order to assess if they are continuing to meet the individual's pathway to employment goals of the Individual Employment/Vocational Client Plan and the Progress Report shall describe the reasons for any shortfall concerning the action steps and propose steps for correction. 20. SUBCONTRACTOR will submit to the COUNTY,to the DDCS Case Manager,to the Residential Provider, and Parent/Guardian a semi-annual Progress Report on each client. The SUBCONTRACTOR will use the new Employment Plan Report Form to report on the semi-annual progress of the client. 21. SUBCONTRACTOR shall schedule a review meeting every six (6) months for all program clients, (a minimum of twice a year for every client). For every new client, a meeting will be scheduled every six(6) months after the initial plan. 22. SUBCONTRACTOR shall schedule dates for the six (6) months reviews to COUNTY, DDCS, client, guardian and Residential Services one month before the required meetings. 23. SUBCONTRACTOR shall provide an updated Semi-Annual Progress Report for every program client at or before the six (6) month review meeting. The Progress Report shall demonstrate how the individual is progressing on his/her goals and objectives, in order to assess if they are continuing to meet the individual's pathway to employment goals of the Individual EmpIoyment/Vocational Client Plan and the Progress Report shall describe the reasons for any shortfall concerning the action steps and propose steps for correction. 24. The Semi-Annual Progress Reports with updated Action Steps, will reflect that 75% of the direct service hours with the client will be at employment sites in the community. The focus will be on real work experience in a community setting delineating individual skills,experiences,preferences, strengths,support needs and vocational interests. 25. SUBCONTRACTOR will submit a copy of the updated Semi-Annual Progress Report with updated Action Steps of the Individual Employment/Vocational Client Plan to the Client, the DDCS case manager, the COUNTY Coordinator, and Residential Support Staff/Parent or Guardian within two weeks of the semi- annual meeting. 26. SUBCONTRACTOR will submit Semi-Annual Progress Reports with updated Action Steps on each client to the COUNTY for feedback and approval.Disregarding or lack of follow-through on this step will hold up monthly billing and continued authorization for funding. 27. All clients will be contacted by SUBCONTRACTOR according to client need,and at least once a month. 28. The client may request to participate in Community Inclusion activities or the client may choose to remain in an Employment Program. When requesting to participate in the Community Access services,the client shall communicate directly with his or her DDCS Case Manager. The DDCS Case Manager is responsible for authorizing Community Access services. 29. If a client has not obtained employment after 6 months,the SUBCONTRACTOR will assure the COUNTY that the following steps were taken: Review of progress towards employment goals; Provide evidence of consultation with family/client;and Development of additional strategies with family/client,contractor staff,employment staff,and CRM, is there documentation of these strategies. CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 22 of 28 30. The SUBCONTRACTOR will clearly communicate to the COUNTY and the client prior to beginning service,or when there is an unexpected change in the maximum service hours per month the client can expect to receive;and service changes will not occur until the client has received proper notification from DDCS. 31. SUBCONTRACTOR must ensure that every client file has a copy of the DDCS Client Service Authorization CSA), a copy of the participant's DDCS Person Centered Service Plan; (PCSP), and/or the Individual Employment Plan,as applicable. 32. SUBCONTRACTOR must ensure that all incident reports are retained in client files;that they have a policy to retain records at least 5 years;that emergency contact and medical information(medications,diet,allergies, etc.)needed during the hours of service is available for each participant on the face sheet of the client file; that the emergency and contact information is updated yearly,or when needed;and that services are provided in a natural or integrated environment or there is a goal to achieve that. 33. Worker wages shall be commensurate with the local industry accepted norms and comply with applicable Federal Department of Labor standards. 34. Recommendations for program participant's termination in Individual Employment or transfer into another Individual Employment agency must be authorized by the DDCS Case Manager, and will be reviewed in consultation with the COUNTY and others as appropriate. SUBCONTRACTOR will facilitate the development of a transition plan and schedule. The transition plan will be developed in consultation with the client, DDCS case management, COUNTY, family members and other service providers as applicable and within 30 working days of clients request to change agencies. 35. SUBCONTRACTOR must ensure there is a legal requirement and a clear delineation for staff qualifications and proof of background criminal history clearance in accordance with SUBCONTRACTOR is required pursuant to RCW 43. 43.830-845 RCW 74.15.030,and Chapter 388-06 WAC on all staff. 36. SUBCONTRACTOR shall submit a written Program Staff Training Plan to COUNTY for approval or disapproval within 30 days of the effective date of this agreement, semi-annually thereafter or when reorganization occurs, which minimally includes SUBCONTRACTOR's procedure to train new direct service staff.The training must include: DDCS Policies&Competencies RCW's&WAC's as referenced under Section B,Obligations. Agency policies&procedures Skills on how to instruct/teach clients Skills on how to document data collection,daily/weekly notes&6-month reports in client files Skills on how to write Individual Employment/Vocational Client Plans and/or Person-Centered Plans(creating client vocational goals/objectives) SUBCONTRACTOR's plan to provide staff that are skilled in applying training techniques to enhance the work-related skills of program clients FTE levels job descriptions and organization charts pertaining to program staff SUBCONTRACTOR is required to send three direct service staff to a minimum of 16 hours of workshops, trainings and/or conferences about intellectual and developmental disabilities and employment, for a total of 48 hours. Should SUBCONTRACTOR fail to access trainings for direct service staff,the SUBCONTRACTOR will reimburse the COUNTY at the rate of 40.00 an hour for every hour of training not accessed for staff(for not more than a total of$1,920.00) 37. SUBCONTRACTOR will provide COUNTY with information regarding staff qualifications and documented training's every six(6)months. 38. SUBCONTRACTOR must assure that new staff are informed specifically of all agency policies/procedures and have documentation that assures all direct service staff 18 years of age or older are trained in the following DDCS Policies Prior to Working with Clients: ADA training,APS Reporting Requirements,Client confidentiality,Current individual instruction and Action Steps/Vocational Plans for each Client with whom the employee works,DDCS Policy 4.11 Working Age Adult(adult services only),DDCS Policy 5.06,Client CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 23 of 28 Rights, DDCS Policy 5.13, Protection from Abuse: Mandatory Reporting, DDCS Policy 12.01 Incident Management. 39. SUBCONTRACTOR must ensure that new direct service staff demonstrate the following competencies: i. Values that support the abilities of individuals ii. Effective Communication—The ability to effectively listen and to make oneself understood iii. Planning methods iv. Crisis Prevention and Intervention 40. Within one month of employment:SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Overview of DDCS Policies including: DDCS Policy 3.01 Service Plans, DDCS Policy 5.03 Client Complaints,DDCS Policy 5.17 Physical Intervention Techniques, DDCS Policy 6.13 Employment/Day Program Provider Qualifications, DDCS Policy 13.04 DRW Access Agreement, DDCS Policy 15.03 Community Protection Standards for Employment/Day Programs and all reporting requirements related to these DDCS Policies. 41. Within six months of employment:SUBCONTRACTOR must ensure that direct service staff received training and are knowledgeable in the following areas: Program skill development, DDCS Policy 5.02 Necessary Supplemental Accommodation,DDCS Policy 5.14 Positive Behavior Support, DDCS Policy 5. 15 Use of Restrictive Procedures,DDCS Policy 9.07 HIV and AIDS and Program Skill Development. 42. SUBCONTRACTOR will have signed documentation that Staff training took place within the timelines listed above in Section C-Number 36-37. 43. Within 30 days of the effective date of this agreement, and semi-annually thereafter, SUBCONTRACTOR will develop and submit to COUNTY an Individual Employment program operating budget detailing the projected allocation of contract funds,other sources and amounts of funding,program staffing expenses and other cost allocations. 44. Semi-annually,SUBCONTRACTOR will develop and submit to COUNTY Individual Employment program financial reports reflecting the actual revenues received and expenses incurred compared to the projected program budget submitted. 45. The SUBCONTRACTOR will on an annual basis sponsor the surveying of participants,their families,and their support networks and employers regarding customer satisfaction. The SUBCONTRACTOR will design Customer/Client survey forms. Upon request, the SUBCONTRACTOR will send the COUNTY copies of the surveys received from participants,their families,their support networks and employers. D. Performance Standards 1. SUBCONTRACTOR shall provide Individual Employment services that are referred for service by DSHS/DDCS and have been authorized by the COUNTY. i. Job development,job coaching,follow-along and replacement services as necessary ii. for Individual Employment Clients iii. Individual EmploymentNocational Client Plan must contain: a) Action Steps detailing steps, timelines and entities responsible for the accomplishment of tasks leading to employment, b) Provide the minimum number of monthly service hours for the client, c) Implement Action Steps that affirm 75% of the direct service hours with the client will be at employment sites in the community. E. Service Level Guidelines 1. Client Employment Acuity is determined through the DDCS assessment.Acuity reflects conditions typically related to the individual's disabilities that are not likely to change,and are generally not impacted by outside CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 24 of 28 factors.Client acuity is determined as either"High","Medium"or"Low"as defined within WAC 388-828. Other considerations are generally related to the job or service environment which may impact the individual's level of support,regardless of acuity. 2. Employment Service Levels reflect Client Employment Acuity and other considerations(see Table One-Base Hours below);the Guidelines typically reflect direct service staff time provided to or on behalf of the client to pursue or maintain employment.You may be eligible to receive additional add on hours (see Table Two, Add-On Hours below). 3. Short-term Employment Supports is a service that allows DDCS to approve additional service hours in addition to the amount of your employment service Base Hours and Add-On Hours for up to three months when: i. You are beginning a new job;or ii. There is a planned or unexpected change in your job or job duties;or iii. Your current employment is at risk and short-term supports are needed to assist you in maintaining your current job. 4. The expectation is that all hours reported are documented specific to the client authorized and relate to the goals and supports outlined within the client's Individual Employment Plan. Allowable activities are defined in the Employment Phases and Billable Activities. TABLE ONE-Base Hours DDCS DETERMINES YOUR EMPLOYMENT SERVICE LEVEL USING THE FOLLOWING TABLE: CLIENT YOUR THEN YOUR AND YOUR ACUITY EMPLOYMENT EMPLOYMENT EMPLOYMENT LEVEL STATUS SERVICE SERVICE BASE IE: IS: LEVEL IS: HOURS PER MONTH MAY BE: WORKING A 0 NONE NOT WORKING B 0 WORKING C 4 —_.._.. LOW NOT WORKING D 7 WORKING E 7 MEDIUM NOT WORKING F 9 WORKING G 11 HIGH NOT WORKING H 12 CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 25 of 28 TABLE TWO-Add-On Hours DDCS USES THE FOLLOWING TABLE TO DETERMINE THE MAXIMUM NUMBER OF ADD-ON HOURS YOU ARE ELIGIBLE TO RECEIVE. IF YOU MEET ONE OF THE BELOW YOU MAY BE ELIGIBLE TO CONDITIONS AND YOUR RECEIVE UP TO THE FOLLOWING EMPLOYMENT LEVEL IS: AMOUNT OF ADD-ON HOURS: A 0 B 0 5 1) 7 F 5 l: 7 G 12 Ft 14 F. Individual Employment Unit of Service 1. One UNIT of Individual Employment/Individualized Technical Assistance service is defined as one (1) HOUR" of direct service or assigned service level to one eligible client. An"HOUR" is at least fifty(50) minutes of direct service;(partial hour to the quarter may be recorded);ten(10)minutes of every"HOUR" of direct service or assigned service level to one eligible client can be used for documentation and/or meeting times or ASSIGNED SERVICE LEVEL as defined in Section D,Performance Standard,Number 1 and 2. 2. Individual Employment service support hours will be based on the client's Individual Employment Level per WAC. 3. One UNIT of Individual Employment service is$108.80 and is defined as one "HOUR"of direct service to one eligible client. CASCADE COMMUNITY CONNECTIONS IE Contract 2025- 2026 Page 26 of 28 EXiiIBIT B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: DD-25-055 DATE: ..o1 NAME OF SUBRECIPIENT: Cascade Community Connections/Taylor Webster By signing below,I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred, suspended, proposed for io/i(./wa S debarment,declared ineligible,or voluntarily excluded from transactions by any Federal,State,or local department or agency Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a civil judgment rendered against them for commission of fraud or a 1%6/2`72-5 criminal offense in connection with obtaining, attempting to obtain, or V performing a public (Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of fraud or a criminal offense in connection with obtaining, V fo/i6/2ozs attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property Subrecipient has not within a 3-year period preceding the submission of o/V2.025 this Compliance and Risk Monitoring Form one or more public V transactions(Federal,State,or local)terminated for cause or default Subrecipient has provided all written reports required by the Agency is//6/WA45- Contract and this Subrecipient Agreement as of the submission of this V Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it from any 0.02.5 government agency since the last certification for its performance related to the Program Agreement Subrecipient certifies that all of the deliverables and other work required io/i6/2-o2-' since the last certification have been completed All the work being billed for in the invoice being certified by this c„•0 Compliance and Risk Monitoring Form actually has been performed, V including any timesheet or other backup i6/z 7 S Subrecipient agrees to submit to an audit within 30 days of a request from 70,; the County 0/,Wic 5 Subrecipient has corrected any deficiencies identified since the last certification Signed at Port Townsend Washington CITY STATE CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 27 of 28 SUBRE111C_IPIENT SIGNATURE DATE Taylor Webster WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPR ED BY COUNTY: COUNTY APPROVALSIGNATURE DA qie q; a O'44L7L--Vile-, L11)0( C— WRIrrEN NAME OF PERSON APPROVING CERTIFICATION CASCADE COMMUNITY CONNECTIONS IE Contract 2025-2026 Page 28 of 28 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D.Peters,County Administrator DATE:a0.)&a,(,ai^'h SUBJECT: APPROVAL FOR PROPOSED PROFESSIONAL SERVICES AGREEMENT: Legislative Representation and Lobbying Services for 2026-27—Acorn Consulting STATEMENT OF ISSUE: Following a Request for Proposals(RFP)process for soliciting Legislative Representation and Lobbying Services for 2026-2027, with a focus on Washington State's legislative sessions,the Board of County Commissioners(Board) selected Propolis Communications LLC (Propolis)on 11/17/2025 as the preferred respondent and directed staff to initiate contract negotiations with that consultant. The Propolis RFP response included Acorn Consulting(Acorn)as a prospective subcontractor for federal legislative representation and lobbying, complementing Propolis's state focus. In that process, Propolis proposed that Acorn could either act as a subcontractor per the terms of a contract with Propolis or within the parameters of a separate contract with Jefferson County. Jefferson County entered into an agreement with Propolis on 12/15/2025. Staff proposes a separate contract with Acorn for federal lobbying, and the attached Professional Services Agreement is now presented to the Board for approval. ANALYSIS: The proposed Agreement is for legislative representation and lobbying services for 2026 and the first half of 2027. This Agreement pertains to federal lobbying and complements the agreement in place with Propolis for state legislative sessions, with Acorn acting effectively a subconsultant to Propolis. For mutually beneficial reasons related to logistics, invoicing, and risk management, staff and the consultant pair propose a separate agreement with Acorn from the principal agreement with Propolis. The proposed Agreement with Acorn has been approved through Risk/Legal review. FISCAL IMPACT: Exhibit B of the proposed Agreement outlines compensation. The contract cost is based on an hourly rate of 250 and an annual limitation, which for 2026 is set at$12,200 based on the adopted General Fund 2026 budget for lobbying being $50,000 and the 2026 value of the Propolis contract being$37,800. RECOMMENDATION: Review and approve the proposed Agreement. REVIEWED BY: I jUrii j A 5/9/9‘ Jos D. Peters, County Administrator Date 1 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: ACORN CONSULTING Contract No: ACORN 2026-27 Contract For: LEGISLATIVE REPRESENTATION AND LOBBYING SERVICES 2026- 2027 refel nl: DEC 25-J U N E 27 COUNTY DEPARTMENT: COUNTY ADMINISTRATOR Contact Person:JOSH D.PETERS Contact Phone: x130 Contact email: JDPETERS®CO.JEFFERSON.WA.US AMOUNT: $18,300 PROCESS: — Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: 518,300 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# ND51170 l RFP or RFQ Munis Org/Obj 410000 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM ANC H J C 55.080 AND CHAPTER 42.23 RCW. CERTIFIED: El N/A:E1 G 3 j Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT :EEN !%ARR :Y ANY FEDERAL, STATE, OR LOCAL AGENCY. I CERTIFIED: R N/A: El L.._ t Z r •J' )CO ignat Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/26/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/27/2026. 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 PROFESSIONAL SERVICES AGREEMENT FOR ACORN CONSULTING THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Acorn Consulting ("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: Legislative Representation and Lobbying Services. 2. Scope of Services.The Contractor agrees to perform the services identified on Exhibit"A" attached hereto including the provision of all labor. The Contractor shall perform its services consistent with the professional skill and care ordinarily provided by contractors practicing in the same or similar locality under the same or similar circumstances. 3. Time for Performance. This Agreement shall commence on December 10, 2025, and continue through June 30, 2027. Work performed consistent with this Agreement during its term,put 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".The Contractor shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by The Contractor shall be made as provided on Exhibit`B"attached hereto. 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 this Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. d. Consultant shall provide invoices and necessary backup documentation for all services. e. The Contractor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of six(6)years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications, and other materials produced by the Contractor in connection Professional Services Agreement Page 1 of 14 with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Contractor's endeavors. The 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. The 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, the 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 the Contractor within ten (10) days. County and The 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. Indemnification. The Contractor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities),from and against all claims,losses or liability,or any portion thereof, including reasonable attorney's fees and costs, arising from injury or death to persons, including injuries,sickness,disease or death to the Contractor's own employees,or damage to property occasioned by a negligent act, omission or failure of the Contractor. The Contractor shall be liable only to the extent of the Contractor's proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of this Agreement. Professional Services Agreement Page 2 of 14 a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than 500,000 each occurrence with the County named as an additional insured in connection with the Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired automobiles;and, (3)Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000, 000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverages: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises—Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability; and, vii. Employer's Liability or Stop Gap Coverage. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and 2,000,000 Aggregate. The professional liability insurance policy should be on an occurrence" form. If the professional liability policy is "claims made," then an extended reporting periods coverage(tail coverage)shall be purchased for three(3) years after the end of this Agreement, at the Contractor's sole expense. The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three(3)years. d. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. Professional Services Agreement Page 3 of 14 e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of 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 Risk Management, 1820 Jefferson Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. Professional Services Agreement Page 4 of 14 m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liability claims provided to the County by a "Risk Pool"created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. o. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials,employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers,officials,employees,or agents. r. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates from each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Risk Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington. Professional Services Agreement Page 5 of 14 w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Worker's Compensation(Industrial Insurance). a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, the Contractor shall maintain workers' compensation insurance at its own expense,as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to the Jefferson County Risk Manager, upon request. b. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. the Contractor specifically has the right to direct and control the 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 the Contractor nor any employee of The 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 the Contractor, or any employee of the Contractor. 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs,and schedules. Failure of a subcontractor to perform is no defense to a breach Professional Services Agreement Page 6 of 14 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 Risk Manager or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration,or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion,creed, age, gender, sexual orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15.No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving thirty (30)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, Professional Services Agreement Page 7 of 14 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 30 days' notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause,the County shall be liable for only payment for services rendered prior to the effective date of termination. 18.Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Risk Manager P.O. Box 1220 Port Townsend, WA 98368 Notices to the Contractor shall be sent to the following address: Michael Henry 1050 Connecticut Ave.NW#66001 Washington, DC 20036 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Contractor. 21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County Risk Manager,whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of Professional Services Agreement Page 8 of 14 the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of,or excuse of any other, different, or subsequent breach by either party. 24.No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 27.No Assignment. The Contractor shall not sell,assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 3l. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to Professional Services Agreement Page 9 of 14 be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW,as may hereafter be amended,the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, will be a "public record" subject to production to a third party if same is requested pursuant to. the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended. DATED this day of 20 SIGNATURES FOLLOW ON THE NEXT PAGE) Professional Services Agreement Page 10 of 14 JEFFERSON COUNTY, WASHINGTON ACORN CONSULTING Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton. Chair Crystal Ellerbe, Date Contractor Representative By: Heidi Eisenhour, Commissioner By: Heather Dudley-Nollette. Commissioner SEAL: ATTEST: Carolyn Galloway. CMC Date Clerk of the Board Approved as to form only: Jeremiah B. Luther, DPA 02/27/2026 Phi p Hu ucker, Date ief C it puty Prosecuting Attorney Professional Services Agreement Page 11 of 14 EXHIBIT A: DESCRIPTION OF SERVICES The purpose of this scope of work is to outline in further detail the services Consultant will provide to Client during the term of this Services Agreement. Client has engaged Consultant to perform as Client's contract lobbyist in support of its efforts to locate and procure federal funding on behalf of Jefferson County, for projects including, but not limited to, rural infrastructure projects. To fully perform this role Consultant must be a consistent and effective conduit of information between federal lawmakers, the Client team, and Jefferson County. As such, the Consultant shall perform the following functions for the Client: Federal Advocacy and Communications Planning Partner Work with Client staff to establish, maintain, and document short- and long-term federal infrastructure funding opportunities. Develop and implement coordinated federal advocacy and communication action plans to achieve federal advocacy goals. Outputs include but are not limited to: 1. Targeted elected official, legislative staff, and administration and agency personnel engagement plan kept current on an ongoing basis. 2. Federal lobbying action plan. 3. Updates and reports as needed to track and evaluate efforts throughout the term of the agreement. Federal Advocate Represent Client at all designated events, meetings, calls, fundraisers, and other necessary functions. As needed, request congressional and administration/agency meetings. Coordinate with Client staff to respond to and manage scheduling for incoming meeting requests. Provide advance planning, and meeting participant preparation as necessary, for each advocacy meeting. Recommend and conduct all post-meeting follow-up, including meeting recaps, following up for trailing items, and thank you notes. Federal Affairs Advisor Continually monitor funding opportunities relevant to Jefferson County. Review and assess the political and legislative feasibility of bills under consideration by Client. Professional Services Agreement Page 12 of 14 Objectives and Reporting Requirements: Locate and secure federal funding for Jefferson County projects including but not limited rural infrastructure and housing projects. Consultant will track and report on its activities in a manner and format that permits Client to monitor and evaluate these metrics throughout the term of this agreement. Activities beyond those named here may from time to time be required to satisfy the intent of this agreement, but any such activities will be negotiated by both parties as they arise. Confidentiality and Integrity: Maintain strict confidentiality regarding client information and lobbying strategies. Uphold the highest ethical standards in all lobbying activities. Professional Services Agreement Page 13 of 14 EXHIBIT B: COMPENSATION Consultant shall be compensated for Services as follows: Fee for Services—Services shall be provided monthly by the Contractor to the County on a needs basis. Services shall be compensated at an hourly rate of$250, billed by the Contractor to the County on the first of each month, as applicable. The County shall pay the Consultant's fees in full within 30 days of receipt(due date). Payment terms are Net 30. If any invoiced amount is not received by the Consultant by the due date,those charges may accrue late interest at a rate of 2%of the outstanding balance per month. Expenses—The County will reimburse the Consultant for costs and disbursements incurred in performing the agreement including, but not limited to,transportation and travel costs, food, lodging, and automobile mileage at the applicable federal rate per business mile.Consultant shall include an accounting of the costs and disbursements and the amount owed on the invoices rendered to the County. Budget Limits—Total Consultant fees and charges for calendar year 2026 shall not exceed 12,200. Total Consultant fees and charges for calendar year 2027(through June 2027 per 3. Time for Performance, above) shall not exceed $6,100. Professional Services Agreement Page 14 of 14 615 Sheridan Street Port Townsend, WA 98368 ae/[e4son www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Public Health Director Denise Banker, Community Health Division Director DATE: 44§k / /, 2 2 C SUBJECT: Agenda item — Memorandum of Agreement with Frontier University; Upon signature - until termination; No monetary exchange. STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the Memorandum of Agreement with Frontier University (Frontier) for preceptor service to advanced students of medicine in need of practicum course work. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Students of Frontier will be supervised by JCPH medical providers for a duration agreed upon between supervisors at Frontier and JCPH providers. This cooperative relationship between service institution and educational intuition is mutually beneficial. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no fiscal impact. RECOMMENDATION: JCPH management requests approval of the Memorandum of Agreement between JCPH and Frontier for preceptor service; Upon signature - until termination; No monetary exchange. REVIEWED BY: t 1 ice,` ' / a Josh d. Peters, County Administrator Date 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 N-26-016 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Frontier University Contract No: N-26-012 Contract For: Preceptor Service Term: Upon sig -until terminated COUNTY DEPARTMENT: Public Health Contact Person:Denise Banker Contact Phone: 438 Contact email: dbanker@co.jefferson.wa.us AMOUNT: N/A PROCESS:Exempt from Bid Process Revenue:Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required:Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO I1 -5CE W 5.080 AND CHAPTER 42.23 RCW. CERTIFIED: t' N/A:IT Feb.26,2026 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT B EN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. El dr:2 CERTIFIED: N/A:Feb.26,2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/27/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/27/2026. 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 MEMORANDUM OF AGREEMENT BETWEEN JEFFERSON COUNTY AND FRONTIER NURSING UNIVERSITY, INC. This Memorandum of Agreement(this"Agreement") Between Jefferson County ("Agency")and Frontier Nursing University, Inc., ("University'). The Agency and the University agree as follows. WHEREAS, the University, through its School of Nursing requires the use of clinical laboratory experiences for students in its nursing program, and WHEREAS, the Public Health Department of the Agency offers clinical laboratory facilities which meet criteria established by the Board of Nurse Examiners for the State of Washington for agencies affiliating with nursing education programs, and WHEREAS, the Agency recognizes that clinical practice under appropriate guidance and supervision is essential for student development of effective nursing skills, clinical judgment, and a sense of professional responsibility, and WHEREAS, it is recognized that a cooperative relationship between a service institution and an educational institution can be mutually beneficial, BE IT AGREED that the Agency and the University desire to enter into an agreement whereby students in the University nursing program shall receive experiences in practicum courses in the Agency. This Agreement shall be governed by the following conditions: I.THE UNIVERSITY SHALL: A. Retain control of, and responsibility for, all phases of the nursing education program. B. Cooperate with the Agency in making arrangements for the practicum not less than six months prior to the start of each academic term. Arrangements shall be mutually determined by agreement of the parties and may be altered by mutual agreement. C. Cooperate with the Agency in planning, scheduling and implementing an orientation program for faculty responsible for the practicum. D. Provide an orientation for students to assigned units. E. Provide the Agency with the following written information two weeks prior to the start of each practicum: 1. Specific days and hours students will be on patient units or service areas. Revised 6/4/2020,7/25/22,02/13/23 2. Names of students and responsible faculty. 3. Objectives of the practicum. 4. Documentation of professional liability insurance for students and faculty. 5. State nursing registration number of faculty. 6. Other appropriate information as requested. F. Provide qualified faculty in a faculty-student ratio of at least 1:10. G. Plan individualized experiences for students in consultation with appropriate Agency personnel based on the objectives of the practicum and available learning opportunities. H. Abide by the written administrative, nursing and medical policies or procedures of the Agency while using its facilities. Require that all faculty and students who may be at risk for occupational exposure to blood or other potentially infectious materials be: 1. Trained in accordance with the Occupational Safety and Health Administration's (OSHA) Occupational Exposure to Blood borne Pathogens Final Rule 29 CFR Part 1910.1030, as published in the Federal Register Friday, December 6, 1991. 2. Trained in the modes of transmission, epidemiology and symptoms of Hepatitis B virus (HBV) and Human Immunodeficiency (HIV)and other blood borne pathogens. 3. Trained in the methods of control that prevent or reduce exposure including universal precautions, appropriate engineering controls, work practices, and personal protective equipment. 4. Provided information on the Hepatitis B vaccine, its efficacy, safety, method of administration, and benefits of being vaccinated. 5. Vaccinated for HBV or have begun the vaccination series for HBV or have signed a refusal to acquire HBV vaccination. J.Maintain for itself and provide to Students or require that Students obtain and maintain appropriate general and professional liability insurance coverage in the amounts of at least $1,000,000 per occurrence and $3,000,000 in the aggregate, with insurance carriers or self-insurance programs approved by Agency, in accordance with Agency's bylaws, rules and regulations. A copy of the certificate of insurance shall be provided to the Agency (in which the Certificate Holder is identified as "Jefferson County). 2 II.THE AGENCY SHALL: A. Retain full responsibility for patient care and for control of established standards of patient care. B. At least six months prior to each academic term, provide the University with the maximum number of students (from all educational programs)that can be assigned to each patient unit and service area during each eight-hour assignment period. C. Provide an orientation for faculty assigned to the Agency prior to the practicum subject to conditions in Article I. Section C. D. Assist the University faculty in orientation of students to the Agency at a mutually agreed upon time. E. Provide, within Agency limitations, conference rooms and lockers requested. F. Provide any special clothing required for participation in learning activities in selected patient units and service areas of departments of the Agency. G. Reserve the right and authority to request the withdrawal of any faculty or student who does not adhere to appropriate dress code, behavior standards, administrative and medical policies, does not maintain professional liability insurance; or cannot provide safe care due to physical or mental illness. H. Permit University faculty to conduct nursing research in accordance with established policies and research protocols of the Agency with prior written approval. I.Comply with all applicable federal and state health and safety laws and regulations. J.Prohibit the disclosure of personally identifiable information, as defined by the Family Educational Rights and Privacy Act, of a student without the prior consent of the student, and to limit Agency's use of such information only for the purpose for which it obtained such information. K. Require and provide an orientation to the faculty and students before direct patient contact is allowed. Orientation by the Agency shall include information regarding: 1. The Agency's Exposure Control Plan for blood borne pathogens and the means by which students and faculty can obtain a copy of the written plan. 2. The engineering controls used within the Agency's work site. 3 3. The personal protective equipment available in each of the Agency's work areas. 4. The identification of tasks and patient-related activities which increase the risk of exposure to HBV, HIV, and other blood borne pathogens. 5. What constitutes an exposure. 6. The established procedure to follow after an exposure to blood or body fluids occurs including the methods of reporting the incident and the medical follow-up required. L. Provide appropriate and readily accessible personal protective equipment at no cost to faculty and students to use in the work site during the clinical training program. M. Maintain coverage in the amounts of at least $1,000,000 per occurrence and 3,000,000 in the aggregate, with its membership in the Washington Counties Risk Pool. A copy of the certificate of membership in the risk pool shall be provided to the University. III. IT IS MUTUALLY AGREED THAT: A. Indemnification. The University shall defend, indemnify and hold the Agency, its officers, officials, employees, agents and volunteers (and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the negligent acts, errors or omissions of the University in performance of this Agreement, except for injuries and damages caused by the sole negligence of the Agency. Agency agrees to indemnify and hold harmless University against any and all liability for personal injury, including injury resulting in death, or damage to property,or both, resulting from the negligent acts and/or omissions of its employees. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.1 15 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the University, its officers, officials, employees, agents and volunteers(and their marital communities) the University's liability, including the duty and cost to defend, shall be only for the University's negligence. It is further specifically understood that the indemnification provided constitutes the University's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. B. Public Records. To the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the University agrees to maintain all records constituting public 4 records and to produce or assist the Agency in producing such records, within the time frames and parameters set forth in state law. The University further agrees that upon receipt of any written public record request, University shall, within two business days, notify the Agency by providing a copy of the request per the notice provisions of this Agreement; C. 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 I 0 days to the Agency Risk Manager,whose decision in the matter shall be final, but shall be subject to judicial review. If either party deems 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 University hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. IV. DURATION OF THIS AGREEMENT,TERM, MODIFICATION: A. This Agreement is effective as of the date last signed below. B. This Agreement shall remain in effect until terminated. Either party may terminate this Agreement,with or without cause,by written notice to the other party at least sixty (60) days prior to the commencement of the next academic term. Students enrolled in the practicum at the time notice is given shall have the opportunity to complete the course of study in progress. C. The parties to this Agreement may amend this Agreement as deemed necessary provided, however, that no amendment to this Agreement shall be valid unless in writing and signed by the duly authorized representatives of the parties. D. All the terms, conditions and provisions agreed upon by the parties to this Agreement are incorporated in this document. APPROVED AND ADOPTED this day of 2026 SIGNATURES FOLLOW ON THE NEXT PAGE) 5 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON FRONTIER NURSING UNIVERSITY, INC. Board of County Commissioners Jefferson County, Washington OgiteIly signed by Brooke A 7v y ry4w:NA=ONP,RN,APRN.CNNI Deb.2026.02.21 20r26.37-05'00' By:By: Greg Brotherton, Chair Date Signature SEAL: Brooke A. Flinders, DNP, RN,AO Name: Title: President ATTEST: Date: 02/21/2026 Carolyn Gallaway, Date Clerk of the Board Approved as to form only: Jeremiah B. Luther, DPA 02/ 27/2026 Pcpili C. unsucker, Date hief 11 Deputy Prosecuting Attorney 6 615 Sheridan Street Port Townsend, WA 98368 eihson www.JeffersonCountyPublicHealth.org Public He4 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Public Health Director DATE: 60- 9 2026 SUBJECT: Agenda Item — a Memorandum of Understanding Agreement with Jefferson County Superior Court and the Jefferson County District Court; January 1, 2026 — December 31, 2026; $275,000.00, for this agreement STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), as the fund manager of the 1/l0th of 1% Behavioral Health Sales Tax Funds, is requesting Board approval of a Memorandum of Understanding Agreement with the Jefferson County Superior Court and the Jefferson County District Court; for Therapeutic Court Case Management and other services for individuals affected by substance abuse, chemical dependency and mental health issues; January 1, 2026 — December 31, 2026; 275,000.00. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This Memorandum of Understanding is with the Jefferson County Superior Court and the Jefferson County District Court, for Therapeutic Court Case Management and other services for Jefferson County citizens with co-occurring disorders, seeking mental health, substance abuse and chemical dependency treatment; in the Behavioral Health Court, Drug Court and Family Therapeutic Court. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is County sales tax revenue, which is deposited into the 131 Fund (1/10 of 1% Fund). The BoCC allocates it, with input from the Behavioral Health Advisory Committee. The Memorandum of Understanding states if the sales tax revenue decreases, the Courts will be contacted and the agreement may be renegotiated. This Memorandum of Understanding Agreement is recommended by the Behavioral Health Advisory Committee. 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 AD-26-010 This renewal for 2026 is an increase by $75,000 over the past provision of 1/10th funds at the recommendation of the BoCC during Jefferson County's considerations for the 2026 budget allocation process as of October through December 2025. RECOMMENDATION: JCPH management is requesting Board approval of a Memorandum of Understanding Agreement with the Jefferson County Superior Court and the Jefferson County District Court; January 1, 2026 December 31, 2026; $275,000.00. REVIEWED BY: t. D3/.9/g. Jos D. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360-379-4487 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Superior Court&District Court Contract No: AD-26-010 Contract For: Therapeutic Courts Term: January 1,2026 to December 31,2026 COUNTY DEPARTMENT: Public Health Contact Person: Apple Martine Contact Phone: X443 Contact email: amartine@co-jefferwn.wa.US AMOUNT: $275,000.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # #131 L RFP or RFQ Munis Org/Obj 13156400 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM A E WIT AND CHAPTER 42.23 RCW. CERTIFIED: N/A:a psi. Feb.20,2026 e Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BE DEBARK BY NY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A:L c, Feb. 20. 2026 Sianat re Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/27/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/27/2026. 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 MEMORANDUM OF UNDERSTANDING Between Jefferson County Superior Court & Jefferson County District Court and Jefferson County Board of County Commissioners as Administrator of 1/10th of 1% Behavioral Health Sales Tax Fund —2026 WHEREAS,this Memorandum of Understanding (MOU) is between Jefferson County Superior Court and Jefferson County District Court(Courts)and the Jefferson County Board of County Commissioners (County)which administers the 1/10t of 1% Behavioral Health Sales Tax; (Fund 131); through Jefferson County Public Health and the Behavioral Health Advisory Committee; and WHEREAS,this Memorandum of Understanding describes the mutually-agreed conditions under which 1/10th of 1%Behavioral Health Sales Tax(Fund 131) is being allocated to Jefferson County Superior Court& Jefferson County District Court for the Therapeutic Court's Coordinator/Case Manager and other needed services for individuals affected by substance abuse, chemical dependency and mental health issues; and WHEREAS,the Jefferson County Behavioral Health Advisory Committee voted to recommend the 1/10th of 1%Behavioral Health Sales Tax(Fund 131)be, in part, allocated for Therapeutic Court Case Coordinator/Management and other services in the amount of$200,000 starting 2024, on an annual basis via MOU. In 2025, $200,000 was received by the Therapeutic Courts from Fund 131; and WHEREAS,Jefferson County's Board of County Commissioners dedicated a one-time additional increase of$75,000, for a total of$275,000 for contract year 2026, for preserving Therapeutic Court's programming in whole during a County Budget deficit year when General Funds to County departments were to be cut dramatically. WHEREAS,the Board of County Commissioners approved a 2026 County Budget that allocates funding from the 1/10t of 1% Behavioral Health Sales Tax(Fund 131), consistent with the Jefferson County Behavioral Health Advisory Committee's recommendations; and WHEREAS,the Jefferson County Superior Court and Jefferson County District Court will administer the contracts and expenditures to provide the Therapeutic Court's Coordinator/Case Manager and other needed services pursuant to this MOU from January 1, 2026 to December 31, 2026; and WHEREAS,all funds from the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); may only be used for their intended purpose within that budget year; and any unexpended funds remaining at the end of a budget year must be retained in the 1/10th of 1% Behavioral Health Sales Tax(Fund 131) where the fund balance is made available for allocation to other eligible services in future years; and WHEREAS,Jefferson County Superior Court&Jefferson County District Court agrees to regularly report deliverables and agreed-upon metrics to Jefferson County through Jefferson County Public Health's Behavioral Health Advisory Committee as specified under this MOU as a condition of receiving 1/10th of 1%Behavioral Health Sales Tax (Fund 131); and AD-26-010 1 of 13 WHEREAS, work performed between January 1, 2026 and December 31, 2026 is pursuant upon execution of and consistent with the provisions of this Agreement to hereby be ratified. NOW, THEREFORE, it is mutually agreed that: 1. The County, as administrator of the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); Superior Court and District Court mutually agrees for the Courts to provide Therapeutic Court's Coordinator/Case Manager and other needed services to individuals enrolled in Behavioral Health Court, Drug Court & Family Therapeutic Court, in Jefferson County Superior& Jefferson County District Courts, as described in this MOU. Including EXHIBIT, A: Scope of Work: Behavioral Health Court, Drug Court & Family Therapeutic Court and EXHIBIT B and EXHIBIT B-1, B-2: Therapeutic Courts Logic Model and Performance Measures attached hereto and incorporated herein. 2. Funding from the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); to the Superior Court and District Court for the services pursuant to this MOU; $275,000 in 2026 as described in the following Budget Tables; subject to modification pursuant to Section 8 of this MOU. 3. Jefferson County Superior Court& Jefferson County District Court will use the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); for all participants enrolled in Behavioral Health Court, Drug Court and Family Therapeutic Court. Services include case management, court time, administrative duties, therapeutic court team staffing, treatment supervision and client support (e.g. housing, urine analyses, Court incentives, out of custody assessments, in custody assessments, training, and alternative to jail) for participants, per the following Budget Tables: Description Service Period Amount from Fund 131 Therapeutic Court Case Management 1/1/2025— and Other Services Budget: 12/31/2025 Case Management- Staff 140,000 Transportation 2,000 UA Test Standard 3,000 Incentives* 2,000 Housing Vouchers 30,000 Jail Alternatives 3,000 Technology 3,750 Training and Travel 6,500 In Custody drug/alcohol Eval 1,750 Admin Costs 6,000 Emergency Funds 1,500 Education Costs 500 Total Budget 200,000 I 2 of 13 Description Service Period Amount from Fund 131 Therapeutic Court Case Management 1/ 1/2026— and Other Services Budget: 12/31/2026 Case Management - Staff 190,000 Transportation 2,000 UA Test Standard 3,000 Incentives* 7,000 Housing Vouchers 33,000 Jail Alternatives 8,000 Technology 8,750 Training and Travel 6,500 In Custody drug/alcohol Eval 1,750 Admin Costs 8,000 Emergency Funds 6,500 Education Costs 500 Total Budget 275,000 Incentives for Therapeutic Courts could include clothing vouchers from Goodwill or uniform stores, grocery store gift cards, gas cards, work supplies and equipment, bicycles and other transportation assistance. 4. Funding approved pursuant to this MOU will be included in the 2026 expenditure appropriation budget of Jefferson County Superior Court and Jefferson County District Court. In addition, a quarterly transfer from the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); for a total equal to the amount expended during the YTD period minus previous expenditure reimbursements from this award not to exceed the authorized annual amounts stated in the Tables on page two and three, will be made to the Jefferson County Superior Court and Jefferson County District Court revenue budget upon timely submittal of required reports. Funds provided pursuant to this MOU will be tracked separately by the Courts and may only be used for its intended purpose within that budget year. At the end of each budget year, if documented actual authorized expenditures pursuant to this MOU services related to/for the Therapeutic Courts are less than the authorized budgeted amount, the difference will be transferred back to the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); Jefferson County Superior Court & Jefferson County District Court will not exceed the amount provided by the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131); without obtaining an appropriation. 5. Funding provided by the 1/10th of 1% Behavioral Health Sales Tax (Fund 131) will be used to monitor participant compliance and as well as help participants improve psychiatric symptoms and functioning, reduce substance use, reduce hospitalizations, increase housing stability, reduce arrests, and improve quality of life. Funding will be used to assist participants with the above areas. Funding listed in the Budget Table on pages two and three are approximations for each line item, and may be shared between the descriptions, with budget updates given to Public Health. 3 of 13 6. Jefferson County Superior Court and Jefferson County District Court will use the County financial management software (Currently Tyler ERP Account Trial Balance)to provide a report of actual paid monthly expenses incurred, and corresponding supportive documentation to validate expenses, emailed monthly to the Behavioral Health Coordinator and Public Health Finance Manager for actual paid monthly expenses that have incurred. 7. Provide monthly financial reports for actual paid monthly expenses that have incurred and email them quarterly to the Auditor's Chief Accountant and to Public Health. 8. Jefferson County Superior Court, Jefferson County District Court and any Contractors it may use to provide services with the 1/10t of 1%Behavioral Health Sales Tax; (Fund 131); shall comply with the following: ATTACHMENT A-Jefferson County 1/10th of 1% Behavioral Health Sales Tax Match Policy. a. The County reserves first right to use as match the 1/10t of 1%Behavioral Health Sales Tax, Fund 131), and the services funded by them for purposes of qualifying for additional funding and grants. The County may allow the Contractor to use the 1/10t of 1%Behavioral Health Sales Tax funds as match, at the County's sole discretion. Should the County decline to use the 1/10t of 1% Behavioral Health Sales Tax funds as match for additional funding and/or grants, then the County may authorize the Contractor to use such funds for match consistent with this MOU; as required by ATTACHMENT A-Jefferson County 1/10th of 1% Behavioral Health Sales Tax Funding Match Policy. b. Where the Courts or its Contractors proposes to use 1/10th of 1%Behavioral Health Sales Tax funds for match,the Courts or its Contractors shall be solely responsible for compliance with all state and federal laws and regulations, including but not limited to DSHS, CMS and DBHR funding rules, applicable to the use of 1/10t of 1%Behavioral Health Sales Tax funds as match. c. The Contractors shall document it has met this responsibility by submitting in writing to the Jefferson County Superior Court,Jefferson County District Court and County Administrator their match formula, allocation plan and any other documentation required of them by ATTACHMENT A-Jefferson County 1/10th of 1% Behavioral Health Sales Tax Funding Match Policy. The County may withhold authorization to utilize the 1/10`h of 1% Behavioral Health Sales Tax as match. The Court's or its Contractor's failure to provide adequate documentation does not relieve the Courts or its Contractors of their responsibility to comply with all state and federal laws and regulations related to match. 9. This MOU may be amended by mutual written agreement of both parties. The basis for amending this agreement includes,but is not limited to, an increase or decrease in sales tax funding, or addition of required tasks not addressed in this agreement. 4 of 13 10. This MOU shall remain in effect from January 1, 2026 until December 31, 2026 unless terminated before then by either party with 30 days' prior written notice, except that the requirements to provide financial and program reports and other documentation required pursuant to EXHIBIT A, EXHIBIT B, EXHIBIT B-1,B-2,and ATTACHMENT A shall remain in effect until fulfilled. All work performed in 2026 consistent with this MOU prior to its adoption is hereby ratified. DATED this day of 2026. JEFFERSON COUNTY WASHINGTON JEFFERSON COUNTY SUPERIOR COURT Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Chair Brandon Mack, Presiding Judge Date: By: Heidi Eisenhour, Commissioner By: Heather Dudley-Nollette, Commissioner JEFFERSON COUNTY DISTRICT COURT SEAL: By: Mindy Walker, Presiding Judge ATTEST: Date: Carolyn Gallaway, Date Clerk of the Board Approved as to form only: Jeremiah B. Luther, DPA 02/27/2026 hi p .ucker, Date ef Ci ' Deputy Prosecuting Attorney 5 of 13 EXHIBIT A Scope of Work: Behavioral Health Court, Drug Court, Family Therapeutic Court Jefferson County Superior Court and Jefferson County District Court agree to utilize the 1/10th of 1% Behavioral Health Sales Tax (Fund 131),provided through this MOU,to provide the following services and provide tracking reports as follows: 1. Provide for and supervise case management services for all citizens enrolled in Behavioral Health Court,Drug Court and Family Therapeutic Court. a) At a minimum, case management shall include: Prepare and maintain files or a database on enrollees to track and document their attendance and participation in the therapeutic court,the enrollee's treatment plan, their progress in following the treatment plan, and their progress toward graduation from the therapeutic court. Communicate with enrollees outside of court as necessary to answer questions, steer enrollees to appropriate resources, and provide guidance to help them comply with their treatment plans. Coordinate the scheduling and participation of, and communication between, all representatives of agencies that are part of each Therapeutic Court, such as the Judge/Commissioner, Prosecutor, County Clerk, Public Defenders, and Treatment Providers. Provide administrative support for the smooth functioning of the Therapeutic Courts as may be required by Superior Court and District Court. Collect and share statistics and data as may be required for the administration of the Therapeutic Courts and for reporting purposes. EXHIBIT B,EXHIBIT B-1, B-2: The Behavioral Health Court, Drug Court and Family Therapeutic Court Logic Model and Performance Measures are attached hereto and incorporated herein. 2. Adults charged in Jefferson County for criminal activity whose criminal behavior is related to, or affected by, substance abuse may be eligible to participate in Behavioral Health Court, Drug Court and Family Therapeutic Court, which is a minimum 18 month or longer voluntary program that promotes treatment and accountability. Participants are required to comply with law abiding behavior,participate in recommended treatment, submit to random urinalyses, attend regular court reviews and maintain frequent contact with the Therapeutic Court Coordinator/Case Manager and Staff. 3. The 1/10th of 1%Behavioral Health Sales Tax; (Fund 131); provides support needed to operate Behavioral Health Court, Drug Court and Family Therapeutic Court which protects public safety while reducing offender risk for future justice involvement and placement in a higher, more restrictive level of care or incarceration. Funds are provided to assist in housing, jail alternatives, in and out of custody assessments,treatment not covered by insurance, as well as the substance use monitoring services of urine analysis(UA)testing and biological alcohol monitoring devices (Sober-Link)to determine compliance with court orders. 6 of 13 4. Provide at least the following for the Therapeutic Courts; so, the Behavioral Health Advisory Committee is able to review usage of allocated funds in order to assure access to appropriate treatments and services: a) Provide monthly financial reports for actual paid monthly expenses that have incurred and email them quarterly to the Auditor's Chief Accountant and to Public Health. b) Jefferson County Superior Court& Jefferson County District Court will provide an estimate of projected expenditures under this MOU for the remainder of the year at the end of October 2026 to Public Health. c) Jefferson County Superior Court& District Court will provide all invoices to the Auditor's office for processing during the Open Period, (a.k.a. 13th Month, in January); and the final reporting by Jan 19, 2027. d) Provide Jefferson County, through Jefferson County Public Health, with a copy of any service contracts (and all amendments associated therewith) with the 1/10th of 1% Behavioral Health Sales Tax; (Fund 131): under this MOU. e) Jefferson County Superior Court& Jefferson County District Court will provide quarterly statistics in an electronic form that is developed and may be revised by Jefferson County Public Health, in consultation with the Courts, for statistical and program data collection. 0 Jefferson County Superior Court& Jefferson County District Court will ensure that quarterly electronic reports for each Therapeutic Court are sent to Lolinthea Hinkley at LHinkley@co.jefferson.wa.us o Quarterly reports will be reviewed by Public Health for accuracy. Any questions will be referred back to the Court. 7 of 13 EXHIBIT B Drug Court and Unified Dependency Calendar Model page 1 Inputs Outputs Activities Participation Drug Court Team Drug Court Team Drug Court Team Judge Referral-Judge accepts client Prosecution Defense or into Drug Ct. Defense Prosecution Client evaluation JCSO Prosecution Client treatment Believe in determines Client accesses Recovery eligibility services-housing, Discovery Substance GED, mental health Behavioral abuse Weekly staffing & Healthcare significant in reviews to support Unified Dependency criminal services & monitor Calendar Team history compliance Judicial Officer Client agrees Unified Dependency Discovery to D.0 Calendar Team Behavioral requirements Compliance/follow Healthcare Unified Dependency program rules GAL Program Calendar Team Client treatment Coordinator Entered once Housing, Basic needs Believe in Dependency is being met Recovery established Education, DCYF Client agrees employment Parent/child to UDC ROI Weekly staffing & Attorneys reviews AAG Tribal representatives GOALS: Increase access to treatment and support services that promote recovery and stability for adults and youth. Provide education, screening, referral and brief intervention services in the community. Reduce inappropriate use of county, municipal, and community resources by individuals who have co-occurring mental health and chemical dependency issues. Reduce future involvement in the court system. Family change- Address family interaction patterns that maintain the presenting problems; build problems solving and communication skills. Reduce family conflict. Rehabilitate drug dependent offenders through court mandated treatment. Promote cost effectiveness in the justice process and the community. 8 of 13 EXHIBIT B Drug Court and Family Therapeutic Court Logic Model page 2 Shorts Medium Long Drug Court Team Drug Court Team Drug Court Team Participant Increased Criminal Justice System connected with accountability saves money processing housing and for behavior; cases &jail time. treatment motivation to Increased pro-social Drug avoidance comply with indicators skill program; Decreased recidivism development. respect for Unified Dependency Calendar Abstinence court process Team from Decrease drug Recovery for substance substances use abuse Unified Dependency Unified Dependency Increased parenting skills Calendar Team Calendar Team Increased health and safety Youth remain in Address of children home/reduced physical and Community involvement and time out of mental health support network home Compliance Prevent future involvement placement with services with substance abuse Improved family Motivated to Reunification Achieved functioning succeed Client access to Develop housing & parenting skills offered services Connect with Develop family substance resources avoidance skills Family Abstain from involved in substances. treatment or Maintain and counseling deepen Safe, Staple relationship with Housing/Trans children port In home dependency Plan for economic security 9orts EXHIBIT B-1 Behavioral Health Court - Logic Model Jefferson County - 1/10 of 1% Sales Tax Environment Theory & Assumptions Situation Theory Seriously mentally ill(SMI) A speciaized BHC helps reduce the high amount of defendants spend more time in and time and resources the have greater difficulty navigating defendants with SMI the criminal justice system (CJS) consume in the normal CJS Persons with SMI are likely to Defendants are less likely to repeat criminal behavior(when recidivate/revoke when illness goes untreated) appearing more tecpently The traditbnal criminal justice before a Judge process is typically not effective for A team approach(units persons with SMI working in colaboration) There is a high incidence of will create an efficient and mental illness among effective process offenders Court ordered treatment for defendants with SMI increases compliance Context Intent Addressing criminal behavior within mental health issues is becoming a To create a more efficient and priority within Jefferson County effective process for Defendants District Court has created a with SMI in he CJS, while behavioral health therapeutic protecting public safety and court(BHC) preserving accountability. Local behavioral health providers have appointed jail iasons Assumptions Target Population Defendants with SMI will spend less time in jail Jefferson County Residents Fewer petitions to revoke Inclusion Criteria will be filed for probationers Defendants in the Jefferson with SMI County District and Superior Less recidivism Court diagnosed as SMI and Court will hold defendants crrrently receiving or will receive accountable,while services from a CPSA provider. considering the mental illness Exclusion Criteria The BHC will be a more cost Felony charges which include and time efficient pre- murder.violent or sexual assault, sentencing process or child mdestahon Ensires defendants with SMI receive services 10 of 13 EXHIBIT B-2 Behavioral Health Court - Logic Model Jefferson County - 1/10 of 1 °/a Sales Tax Intervention Outcomes Collaboration Process District Court,t?is vvcrp a Time ce:ainec in jail will Behavioral Health,Ads t Probation, be less Jefferson County Sheriff Port Lower cost to system Townsend Police Department, through less jail time Olyeap, Safe Harbor,Believe In and trial costs) Recovery, Defense and Prosecution Defendants with S1411 designate specific personts)I. peer spend less pro-scntcnc rig graduates to serve vit-r the fatHG time in court Cammun catior, collaboration, and accountability among Identification & Case Flow BHC team Defendant with GM! is identified by Monitoring sentencing of referring party. BHC defendants t e..terrai tcym is submitted 1:etense assists Ir the coord nation of services-or detendan:. I Wend ant follows nornal rIciw of initial arraignmcrt.pretrial,etc. until refer'al process is aompleted. Ccfcndant is ciagnoscc with an Axis ' ciagnoais and there is a nexus to c-ime- CPr,agrees to Outcomes: pctilion I Defendants arc less The BHC tears revs ewe petition likely to recidivate.and decides ertry Fewer revocations orDefendantenterintoSOC Stipulated Order of petitions to revoke are Ccntin uance j filed Ccfcndant cn:ers Irto piascs cf Loss new offenses BHG ane accesses sci riccs while on probation Participants ma ntair treatment and medication Overall decrease in risk Post-Sentence to public safety Defendant pleads guil:y and is scntcrccd to post-adjudication DI IC or a referral is made t:y defense, prosecutor. Referral and Petition packets arc completed -Judge agrees to cn:ry Defendant enters into vases of BHC and accesses servees. 11 of 13 ATTACHMENT A JEFFERSON COUNTY 1/10th of 1% BEHAVIORAL HEALTH SALES TAX FUNDING MATCH POLICY Definitions: Match: a requirement for the grantee to provide contributions of a specified amount or percentage to match funds provided by another grantor. Matching can be in the form of cash or in-kind contributions. Regulations: the specific requirements for matching funds are unique to each federal or state program. The A-102 Common Rule provides criteria for acceptable costs and contributions in regard to match. Jefferson County Policy: In 2005, the Washington State Legislature created an option for counties to raise the local sales tax by 0.1 percent, (the 1/10th of 1% sales tax initiative) to augment state funding for behavioral health treatment. Jefferson County collects and distributes the 1/10th of 1% Behavioral Health Sales Tax fund. Services purchased by the County are allocated through a formal Request for Proposal (RFP) process, review and contracting; staffed by Jefferson County Public Health, overseen by Jefferson County Behavioral Health Advisory Committee and adopted by the Board of County Commissioners, BoCC). The BoCC does not assume any fiscal responsibility/liability for any of the Contractors they contract for services with. Jefferson County reserves the first right to use as match the 1/10th of 1% Behavioral Health Sales Tax funds and the services funded by them for purposes of qualifying for additional funding and grants. County may make available to the Contractor the 1/10th of 1% Behavioral Health Sales Tax funds for the Contractor to propose as match to state, federal or other entities, at the County's sole discretion. Contractor shall not use the 1/10th of 1% Behavioral Health Sales Tax funds for match without prior authorization by the Jefferson County Administrator and County fiscal team. To request authorization of availability of the funds for match, Contractor must apply to the County Administrator in writing, and include their match formula and allocation plan and may include other documentation to support their request. The County Administrator will authorize or deny the availability of match funds in writing within 30 days of the application. If the County informs the Contractor of the availability of the 1/10th of 1% Behavioral Health Sales Tax funds for match, then the Contractor shall be solely responsible for compliance with all state and federal laws and regulations, including, but not limited to DSHS, CMS and BIRR funding rules, applicable to the use of 1/10th of 1% Behavioral Health Sales Tax funds as match. Following state, federal and local guidelines for match is the responsibility of the Contractor. 12 of 13 For example, if a Contractor provides Title XIX Medicaid services (the Policy 19.50.02 or 42CFR 430.30), they are required by those rules to actually bill Medicaid for the services at the same time. If no Medicaid billing exists, the match would not comply with state and federal guidelines for match. Concurrent with its request for authorization of the availability of match, Contractor shall document it has met its responsibility to follow state, federal and local guidelines for match by submitting in writing to the County Administrator their match formula, allocation plan, and other documentation made mandatory pursuant to this Agreement and this Attachment A. At a minimum, the Contractor shall also provide the following to the County Administrator: 1. DSHS requires contractors to complete and submit a"Local Match Certification" form DSHS 06-155) or a form that has equivalent data elements prior to any agreement for DSHS services. Submit a copy of this application and form when requesting match availability from the County and at each monthly billing. 2. Submit the current administrative policy within WA State regulating your services and the use of local match. 3. Submit to the County your last financial audit showing your use of match, County funds and tracking systems. 4. Submit to the County the terms of the agreement showing the 1/10th of 1% Behavioral Health Sales Tax fund allocation is an allowable source of match. 5. Provide documentation that your financial reporting system tracks matching funds at a level that meets the level of documentation required by federal or state statutes. The County may reject permission for Contractor to utilize the 1/10`h of 1% Behavioral Health Sales Tax funding as match. 13 of 13 615 Sheridan Street Port Townsend, WA 98368 c9efl tson www.JeffersonCountyPublicHealth.org Consent Agenda Public He52(1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Pinky Mingo, Environmental Public Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: GI 9i 'U? C> SUBJECT: Agenda Item — Approval of the Professional Services Agreement with National Marine Sanctuary Foundation for the Olympic Coast Remotely Operated Vehicle (OCROV) Competition Project; July 1, 2025 — June 1, 2027; 10,398.00 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Professional Services Agreement with National Marine Sanctuary Foundation for the Olympic Coast Remotely Operated Vehicle (OC ROV) Competition Project; July 1, 2025 — June 1, 2027; $10,398.00 ANALYSIS/STRATEGIC GOALS/PROS and CONS: National Marine Sanctuary Foundation will coordinate and implement the Olympic Coast Remotely Operated Vehicle (OCROV) Competition project in Forks in 2026 and 2027. This will be accomplished by hosting two workshops for approximately 45 students each, supporting program operations, reimbursing costs for pool rental, ROV components and supplies, event insurance, room rental at the Olympic Natural Resources Center, food and beverages at competitions, travel costs, and trophies. This project is recommended for funding by the North Pacific Coast Marine Resources Committee (NPC MRC) at its meeting on June 17, 2025 and addresses the Coast MRC Program benchmark for Coastal Communities. 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 NPC MRC, #25-28152. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) f) 360-379-4487 Always working for a safer and healthier community W Q-26-01 1 RECOMMENDATION: JCPH Management recommends BOCC signature for the Personal Services Agreement with the National Marine Sanctuary Foundation; July 1, 2025 —June 1, 2027; $10,398.00 REVIEWED BY: 5 tq/a6 Josh' b. Peters, County 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: National Marine Sanctuary Foundation Contract No: WQ-26-011 Contract For: Olympic Coast Remotely Operated Vehicle Term: 7/1/2025-6/1/2027 COUNTY DEPARTMENT: Public Health/Environmental Health Contact Person:Tami Pokorny Contact Phone: X498 Contact email: tpokorny@co.lefferson.wa.us AMOUNT: $10,398.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $10,398.00 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # 128 RFP or RFQ Munis Org/Obj 12855310 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP I CE WITH y 55.080 AND CHAP 42.23 RCW. CERTIFIED: F— 1 N/A:I 1 9I Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBA_ RED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. o CERTIFIED: N/A: i i v 7 e Z r S g attire Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/27/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/27/2026. 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 National Marine Sanctuary Foundation and Jefferson County THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and the National Marine Sanctuary Foundation("the Contractor"), in consideration of the mutual benefits,terms, and conditions specified below. 1. Project Designation. The Contractor is retained by the County to perform the Olympic Coast Remotely Operated Vehicle (OC ROIL) Competition project: Coordinate and implement Marine Advanced Technology and Education(MATE) Olympic Coast Remotely Operated Vehicle(ROV) Competitions in Forks, in 2026 and 2027, for students in attending school in western Clallam and Jefferson counties. This will be accomplished hosting a workshop each year for approximately 45 students, supporting program operations,reimbursing costs for pool rental, ROV components and supplies, event insurance,room rental at the Olympic Natural Resources Center for student workshops, food and beverages at competitions,travel costs, and trophies. This project addresses the MRC Coastal MRC Program benchmark for"Coastal Communities". Funding for this agreement is provided by a grant from the Washington Department of Fish and Wildlife for projects identified and recommended by the North Pacific Coast Marine Resources Committee(NPC MRC),#25-28152. 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 1,2025 and continue through June 1, 2027. Work performed consistent with this Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit"A". Time is of the essence in the performance of this Agreement. 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by the Subcontractor shall not exceed$10,398.00 as described in Exhibit"B", in the completion of this project without express written amendment signed by both parties to this Agreement. 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 Page 1 of 15 WQ-26-011 thereof,payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit B of the Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. d. Contractor shall provide invoices and necessary backup documentation for all services including timesheets and statements (specifying the services provided). Any indirect charges require the submittal of an indirect cost methodology and rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230. e. The Contractor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of six(6)years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications, and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information,reference and use in connection with Contractor's endeavors. Contractor shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with laws. Contractor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit the most recent financial audit within 30 days. a. Upon request,the County shall have the option of performing an onsite review of all records, statements,and documentation. b. If the County finds indications of potential non-compliance during the monitoring process,the County shall notify Contractor within ten(10)days. County and Contractor shall meet to discuss areas of contention in an attempt to resolve issues. Page 2 of 15 c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable. 8. Indemnification. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers(and their marital communities) harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or,damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, agents and volunteers(and their marital communities)the Contractor's liability, including the duty and cost to defend, shall be only for the Contractor's negligence. It is further specifically understood that the indemnification provided constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 9. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than 500,000 each occurrence with the County named as an additional insured in connection with the Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and an aggregate of not less than two (2)times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage,with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; Page 3 of 15 iv. Premises—Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement,on a form acceptable to Jefferson County Risk Management in the amounts of not less than$1,000,000 Each Claim and 2,000,000 Aggregate. The professional liability insurance policy should be on an"occurrence"form. If the professional liability policy is "claims made,"then an extended reporting periods coverage(tail coverage) shall be purchased for three(3)years after the end of this Agreement, at the Contractor's sole expense. The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3)years. d. The County shall be named as an"additional named insured"under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as,Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d)A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30)days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Contractor refers to an endorsement(by number or name) but does not provide the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Page 4 of 15 Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention,or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due,to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. o. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. r. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Page 5 of 15 s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30)days prior to cancellation, suspension, reduction or material change in the policy,notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Workers Compensation(Industrial Insurance). a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor,the Contractor shall maintain workers compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Workers compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability,with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction that would otherwise be applicable in the case of such claim. Page 6 of 15 e. If the County incurs any costs to enforce the provisions of this subsection,all cost and fees shall be recoverable from the Contractor. 11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically has the right to direct and control Contractor's own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including,but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Public Health Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor,to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. Page 7 of 15 14. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this Agreement,will not discriminate on the grounds of race, color,national origin, religion, creed, age, gender, sexual orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15.No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16.Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten(10)days written notice to the Contractor. b. In the event of the death of a member,partner, or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Contractor and the County, if the County so chooses. c. The County reserves the right to terminate this contract in whole or in part,with 10 days' notice, in the event that expected or actual funding from any funding source is withdrawn, reduced,or limited in any way after the effective date of this agreement. In the event of termination under this clause,the County shall be liable for only payment for services rendered prior to the effective date of termination. 18. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Tami Pokorny,Natural Resources Program Coordinator Jefferson County Public Health Department 615 Sheridan Street Port Townsend, WA 98368 Ph: (360) 316—9870 Email: tpokorny@co jefferson.wa.us Page 8 of 15 Notices to Contractor shall be sent to the following address: Erin Jaszczak, Senior Program Operations Manager National Marine Sanctuary Foundation 8455 Colesville Rd., Suite 1275 Silver Spring, MD 20910 Ph: (301) 754—6150 Email: ejaszczak@marinesanctuary.org 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations,representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Contractor. 21. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a Page 9 of 15 party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended,the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. APPROVED AND ADOPTED this day of 2026. SIGNATURES FOLLOW ON THE NEXT PAGE) Page 10 of 15 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON NATIONAL MARINE SANCTUARY FOUNDATION Board of County Commissioners Jefferson County, Washington c Doo cuuSSiig,ned by: B B [' ham U''l\ - L y' y' Greg Brotherton, Chair Signature Allison Alexander By: Name: Heather Dudley-Nollette, Commissioner Sr Vice President, Program Operations Title: 3/4/2026 By: Date: Heidi Eisenhour, Commissioner SEAL: ATTEST: Carolyn Gallaway, Clerk of the Board Approved as to form only: Jeremiah B.Luther, DPA 02/27/2026 p nsucker, Date Chief Civil Deputy Prosecuting Attorney Page 11 of 15 Exhibit A: Scope of Work The National Marine Sanctuary Foundation will support annual MATE Olympic Coast ROV Competitions in Forks, WA in 2026 and 2027. The competitions use underwater robots, also known as Remotely Operated Vehicles or ROVs, to engage students in science, technology, engineering and math (STEM) and prepare students for technical careers. The competition provides students opportunities for hands-on experience in STEM while student teams develop and apply technical, teamwork and problem-solving skills as they tackle missions modeled after real-world scenarios from the ocean workplace. Task 1: Coordinate and implement MATE Olympic Coast ROV workshops and competitions in Forks in 2026 and 2027. Deliverables: l a) Date of competition and sign in sheets for each event. Due: June 1, 2026 and June 1, 2027 lb)Press release for local newspaper including all image releases. Due: June 1, 2026 and June 1, 2027 1c)Presentation to NPC MRC. Due: June 1, 2027 1 d)All invoicing materials. Due: Monthly with final invoice materials no later than June 1, 2027 Page 12 of 15 Exhibit B: Estimated Budget Category Detail MRC Request Fringe and Personnel salary for full-time Program Operations Manager to support the implementation, ongoing management,and supervision of award- related projects over a two-year period. 13.64%of$9,150(9150 X.1364= 1,248.06) Estimated staff time for Education Associate at Olympic Coast National Marine Sanctuary to Salaries and Benefits support ROV competition season(2026&2027). or hourly wages Approximately 80 hours of preparation and implementation per event(competition&workshop) 1,248 per year. ($8,320-Match funds.) Competition supplies including pool props,triage station tools,and other ROV related materials(PVC, motor kits,soldering irons,buoyancy materials,etc.): 325 x 2 years=$650 Supplies/Equipment -Competition trophies:6 trophies(1st-3rd for 2 class 1,450 levels)x 2 years=$800 ALL GSA PER DIEM RATE AND SIGN IN SHEETS/HEADCOUNTS: Student Workshop food and beverages(up to 75 people including students,mentors,and volunteers):2 years x$700/year=$1400 Competition Lunch and Volunteer Refreshments(up to 75 people including students,mentors,and volunteers)$700/year x 2 years=$1400 Student Workshop lodging for supporting staff OCNMS Education Assoc.and up to 2 AmeriCorps, costs based on Olympic Natural Resource Center lodging rates): $225/year x 2 years=$550 Competition lodging for supporting staff(OCNMS Education Assoc.and up to 2 AmeriCorps,costs Travel based on Olympic Natural Resource Center lodging 3,900 rates)2 years x$225/year=$550 Forks Athletic and Aquatic Pool rental(includes full day pool access,kitchen access and two extra rooms to use for competition spaces):$900/year x 2 years= 1800 Special Event Insurance for ROV competition: 350/year x 2 years=$700 ONRC space rental for 1-day Student Workshop Contracted services (based on Olympic Natural Resource Center rates): 4,300 650 x 2 years=$1300 Other Totals 10,398 Page 13 of 15 Exhibit C: WDFW Final Report Form COASTAL MRC PROGRAM — FINAL REPORT FORM Project Title: MRC Project Leader's Name WDFW Contract# Has this project been completed?Yes Ongoing Project If no, describe below the reasons why this project wasn't completed by the deadline. Project Funds Awarded S Project Funds Spent. S If any funds weren't spent,please explain'.vhy below Was any inventoriable equipment purchased with your MRC funds fcr 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 14 of 15 COASTAL MRC PROGRAM — FINAL REPORT FORM Use the space below to provide comments about your experience with the Coastal MRC Program or describe your ideas for program improvement The information provided in this report will be included in the annual report to the governor and the appropriate committees of the legislature. This report will also be made available to all grantees,the Fish and Wildlife Commission,the Director of WDFW, WDFW's Executive Management Team and other personnel within WDFW as well as the general public(via our webpage). Please send photographs of project activity(with photographer's full name)as an e-mail attachment to lessi.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@dfr,v.wa.gov Page 15of15 I l Payroll Expense Report 3/ 5/2026 PAYROLL DATE 260305 PAYROLL WARRANT# Payroll Checks: $9,065.64 Check#'s: 15956-15957 Payroll Direct Deposit: $1,312,673.03 Advice#'s: 10100722-10101036 Benefits Paid: $1,090,894.46 AP Warrant#'s: 100244539- 100244564; Elect. Pymnts Total: $2,412,633.13 Payment of Jefferson County Payroll Warrants Dated March 5,2026 Totaling$2,412,633.13(Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) BoCC Chair Consent Agenda 615 Sheridan Street Port Townsend, WA 98368 O`www.JeffersonCountyPublicHealth.org Public HeePcuA JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager, Environmental Public Health Tami Pokorny,Natural Resources Program Coordinator DATE: A4!%{rat 9, 2-0 2(IP SUBJECT: Amendment to Resolution No. 83-1215-25R: In the Matter of Establishing a Conservation Futures Fund Program Application Period, Setting an Estimated Amount of Conservation Futures Fund Available, and Approving Program Materials for Use in the 2026 Conservation Futures Fund Cycle for the purpose of correcting estimates of funds available in 2026. STATEMENT OF ISSUE: Health requests BoCC approval of an amendment to Resolution No. 83-1215-25R for the purpose of correcting estimates of funds available to Conservation Futures Fund projects in 2026. ANALYSIS: On December 15, 2025, the Jefferson County Board of County Commissioners approved Resolution No. 83-1215-25R, in the matter of setting an estimated amount of Conservation Futures Fund available. The resolution estimates $254,000 in total funds available for new projects in 2026 and states that, of this amount, $38,000 is available to operations and maintenance activities. In January of 2026, Health conducted a budget reconciliation that identified an increased amount of available funds. A resolution amendment is necessary to reflect the actual amount of funding available to projects in 2026: $420, 000 in total,with up to $42,817 of this available for operations and maintenance activities(15%of revenue collected in 2025). FISCAL IMPACT: The Conservation Futures program is funded by the Conservation Futures Fund tax levy; There is no impact to the County's General Fund. Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487 RECOMMENDATION: JCPH Management recommends BoCC signature on an amendment to Resolution No. 83-1215- 25R to correct estimates of funds available to Conservation Futures Fund projects in 2026. REVIEWED BY Josh D. Peters, County Administrator Community Health Developmental Disabilities 360-385-9400 Date 360-385-9401 (fl Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 I)360-379-4487 3/6/26 STATE OF WASHINGTON County of Jefferson Amending Resolution No.83-1215-25R: In the Matter of Establishing a Conservation RESOLUTION NO. Futures Fund Program Application Period, Setting an Estimated Amount of Conservation Futures Fund Available, and Approving Program Materials for Use in the 2026 Conservation Futures Fund Cycle WHEREAS, on December 15, 2025, the Jefferson County Board of County Commissioners approved Resolution No. 83-1215-25R, which estimates the total funds available to Conservation Futures Fund projects in 2026 at $254,000 of which up to $38,000 may be used to reimburse operations and maintenance activities; and WHEREAS, in January of 2026, a budget reconciliation determined that these estimates were too low. The new estimate of total funds available to Conservation Futures projects in 2026 is $420,000; and WHEREAS, the portion of this amount available to operations and maintenance activities as authorized by JCC 3.08.030(7) is recalculated to be $42,817. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of County Commissioners hereby adopts the above "Whereas" clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to amend Resolution No. 83-1215-25R to revise the estimate of Conservation Futures funds available to new projects in 2026 and to revise the estimate for the portion of this amount which may be used to reimburse operations and maintenance activities. In 2026, the estimate of funds available for new acquisitions shall be $420,000, with up to 42,817.15 available for operations and maintenance. Section 3. Severability. If any section, subsection, sentence, clause, phrase or section of this resolution or its application to any person or circumstance is held invalid, the remainder of this resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 4. SEPA Categorical Exemption. This resolution is categorically exempt from the State Environmental Policy Act under WAC 197-1 1-800(19). Section 5. Effective Date. This resolution shall take effect and be in full force immediately upon approval and adoption by the Board of County Commissioners. ADOPTED and APPROVED this day of 2026. SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair, District 3 Heather Dudley-Nollette, Member, District l Heidi Eisenhour, Member, District 2 ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Clerk of the Board Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 2 of 2 Approved by Resolution 83-1215-25R on 15 December 2025 Jefferson County Conservation Futures Fund Program Manual 2026 Funding Cycle 2 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Jefferson County Conservation Futures Fund Program Manual 2026 Funding Cycle Mission of the Conservation Futures Fund Program The mission of the Jefferson County Conservation Futures Fund program is to provide a system of public open spaces, those open spaces being necessary for the health, welfare, benefit and safety of the residents of Jefferson County and the maintenance of Jefferson County as a desirable place to live, visit and locate businesses. Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Membership (as of November 2025) Tom Backman: Citizen, District 3 Carol Bernthal: Citizen, District 1 Laurie de Koch: Citizen, District 3 Tom Ehrlichman: Citizen, District 2 Rob Harbour: Interest – Working Lands Cheryl Lowe: Interest – Habitat Values Ryan McMackin: Interest – Wetlands Joanne Pontrello: Citizen, District 2 Ron Rempel: Interest – Wildlife Conservation Biology Robert Simmons: Interest – Watersheds David Wilkinson: Citizen, District 1 Vacant: Interest Vacant: Interest Table of Contents Overview……………………………………………………………………….…………......3 Conservation Futures Fund Citizen Oversight Committee (CFFCOC)…….…………..…….4 Project Selection………………………….…………….…………………………………......4 Preapplication…………………………………………………………………………………5 Information Sources………………………………….………………………………….…....5 Reimbursement ………………………………………………………………………….…...5 Compliance with All Laws……………………………………………………………….......6 Record Retention/Public Records and Meetings Acts……………………………………….6 Acquisition Projects……………………………………………………………………….....6 Combination Acquisition/O&M Projects…………………………………………………….9 Operation and Maintenance (O&M)………..…………………………………….…….…….9 Required Site Visit……………………..……………………………………………………11 Required Meetings…………………….…...………………………………………………..12 Annual Reports…………………………………………………….………………………...12 Additional Reporting……………………………………………………………...…………12 Project Changes……………………………………………………………………………...12 Program Suggestions…………………..………………………………………………….....13 Project Agreement Template…………………..………………………….……APPENDIX A Map of Approved Projects…………….………………………………………..APPENDIX B Annual Report Form Template…………………………………………………APPENDIX C Definitions………………………………………………………………………APPENDIX D Draft 2026 Program Calendar …...………………………………………..…….APPENDIX E Jefferson County Code Criteria Crosswalk……………………………………..APPENDIX F 3 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 1. Overview Jefferson County welcomes your application to the Conservation Futures Fund Program (CFF Program). Please do not hesitate to contact the program coordinator at Jefferson County Public Health with questions at Ph: 360- 385-9444 or tpokorny@co.jefferson.wa.us. The Conservation Futures Fund Program website address is http://www.co.jefferson.wa.us/560/Conservation-Futures-Program. In July 2002, the county commissioners approved the Conservation Futures Ordinance, Jefferson County Code Section 3.08, in accordance with the Revised Code of Washington (RCW) Chapter 84.34. The ordinance establishes goals for the county’s Conservation Futures Fund Program and an allocation process for the conservation futures tax levy. The purpose of the CFF Program is to acquire open space lands, including green spaces, greenbelts, fish and wildlife habitat, trail rights-of-ways, agricultural land and forest land (as those terms are defined in Ch. 84.34 RCW). Projects may include fee-simple acquisition or acquisition of any lesser interest or development right with respect to real property as well as operation and maintenance (O & M) activities. O & M projects must be linked to a past, or proposed, CFF-funded acquisition. A minimum 50% match is required for all project types. Match must be in the form of cash, land trades, the value of land to be traded, or other open spaces linked to the property under application. Lands valued primarily for their open space, wildlife habitat, agriculture and forest values and their associated non-monetized ecosystem service values are all eligible. The project sponsor must sign a grant agreement with the county (see Appendix A). County code (JCC 03.08.030(10)) requires that property titles or easements be held by public entities or others as defined in RCW 84.34.210. Government entities may choose to share title of a property with a non-profit nature conservancy corporation or association. Public open spaces must be available on the same conditions to all residents of the county for the benefit of Jefferson County residents and visitors. Applicants for projects may include the County, municipalities, park districts, state or federal agencies, private non-profit corporations or associations, and private individuals. Project applicants must be represented by a local sponsoring organization based in Jefferson County. Potential sponsors include local governments, special purpose districts and non-profit corporations. A list of potential sponsors is available by contacting program staff. A project sponsor is responsible for the content and submission of the application, organizing and hosting a site visit, making a project presentation to the CFFCOC, the stewardship plan and its implementation, and all County contracting, reporting, and reimbursement requirements. Available funding is announced early in the calendar year and applications are provided by Jefferson County Public Health. Conservation Futures Fund monies can be the collateral, revenue stream or security for long-term financing (typically bonds) in a manner consistent with law. Public workshop(s) may be held prior to the start of the funding round and are available by request throughout the year. The program coordinator is always available to answer questions from sponsors, applicants, and interested parties. For each funding cycle, the Board of County Commissioners (BoCC) reviews and adopts the Conservation Futures Fund Program Application, Score Sheet and Manual. Appendix F of this Manual displays a crosswalk that illustrates possible connections between JCC Conservation Futures Program Criteria and questions in the Application and Score Sheet. It also displays the maximum scores by question and JCC Criteria. This funding cycle, applications will be due March 20, 2026 and sponsors host site visits and present projects to the CFFCOC in mid-March. Information about the application period is posted on the program website, announced in local newspapers and via email, and available by contacting the program coordinator. In April, the CFFCOC meets to rank projects, determine recommended funding levels, and compose its overall 4 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program recommendations to the Board of County Commissioners. The BoCC typically makes award determinations in July. Approved project funds are not generally available to project sponsors until August or later. At least every other year, the BoCC reviews the priorities of the CFF Program and the project ranking process. All meetings of the CFFCOC are open to the public. Citizens are encouraged to attend. 2. Conservation Futures Fund Citizen Oversight Committee Conservation Futures Fund Citizen Oversight Committee (CFFCOC) membership is intended to reflect a broad spectrum of interests and expertise. It includes at least two individuals from each commissioner district and at least nine citizens in total. Anyone interested in applying for a seat on the committee is encouraged to contact the Board of County Commissioners Office (jeffbocc@co.jefferson.wa.us) and/or the program coordinator at Public Health. 3. Project Selection The CFFCOC scores and ranks project applications according to criteria designed to reflect the priorities expressed in the Jefferson County Code Section 03.08.040. This evaluation process has five (5) distinct phases as follows: 1. Final written project application: Each CFFCOC member independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits: Each member must attend the project site visits (or view a video of the site visit). Questions may be posed by committee members and answered during this site visit or they may be held until the project presentations meeting. 3. Oral presentation of the project: Each sponsor and CFFCOC member attend this meeting during which the project sponsor(s) present their project(s) and answer questions posed by the committee members. Following the oral presentations, a deadline will be established for CFFCOC members to submit additional questions to applicants (via county staff). After this set deadline for additional questions, a second deadline will be established for the receipt of all answers from applicants. After this second deadline, no further additional information may be requested, received or considered by the committee. 4. Submission of project score sheets: Each CFFCOC member submits to the program coordinator a Score Sheet for each project consisting of questions that ask how well, in the committee member’s judgement, an applicant meets the criteria for approval and funding. The committee member assigns a numerical “score” (within a range predetermined by the CFFCOC) for each of the questions which is weighted by a predetermined multiplier. Individual scores for each project are compiled by the program coordinator. Compiled scores are emailed to CFFCOC members as soon as possible ahead of the meeting to rank projects. 5. During the meeting to rank projects, CFFCOC members have an opportunity to ask questions of each other about scoring choices and interpretations of specific questions and may adjust their scores as desired. Afterwards, a committee composite score for each project application is obtained by taking the average of the individualscores. If a project application’s composite score is 70% of the total possible numerical value for a project score or greater, the project is considered automatically eligible for funding. Projects scoring below 70% of the total possible numerical value for a project score are not considered for funding unless compelling reasons for funding arise in the final evaluation phase. 6. Ranking and recommendation for funding of project applications: Each project application judged eligible in phase #5 is discussed, bringing into focus information garnered from phases 1 through 5 5 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program and in light of current funds available to the cycle. All project applications are compared and a final ranking and funding recommendation is determined for each of the project applications and submitted to the Board of County Commissioners in a memo from the CFFCOC chair or vice chair. The CFFCOC must provide detailed justification to the Commissioners for any and all changes from the numerical ranked order. 4. Preapplication Applicants are required to submit their draft application (Preapplication) by the preapplication deadline. Doing so allows the CFFCOC to ask more informed questions at the site visit. The applicant is free to revise the application up until the final application deadline. 5. Information Sources The CFF Program is administered by the BoCC with assistance from Public Health. Please note that the information contained in this manual does not supersede the statutes governing the Jefferson County Conservation Futures Fund and Program, and should be read in conjunction with them. Relevant sections of law are found in Revised Code of Washington, Chapter 84.34 (RCW 84.34) and the Jefferson County Code (JCC 03.08). To access RCW 84.34 online, visit https://app.leg.wa.gov/rcw.The Jefferson County Code is available online at http://www.codepublishing.com/WA/JeffersonCounty. Contact the program coordinator at ph: 360-385-9444 or email tpokorny@co.jefferson.wa.us. 6. Reimbursement All grants are funded by the Jefferson County Conservation Futures Fund tax levy. After a public hearing is held, one or more project award resolutions may be passed by the Board of County Commissioners, usually in June or July. Project agreement(s) (Appendix A) between the County and the project sponsor are then developed to include the full scope of work as described in the original or updated application. A final draft grant deed of conservation easement or fee simple deed shall serve as an attachment to the agreement along with the project application and that year’s program manual. Except in the case of escrow payments, sponsors must expend their own funds on eligible and allowable expenditures prior to requesting reimbursement. With sufficient lead time, an approved settlement statement, the qualifying property appraisal, and the required documentation of the matching contribution, CFF funds may be made available to the title company shortly before closing for direct costs of property acquisition. Please discuss dates for closings with the program coordinator to help ensure that grant funds are ready and available when needed. Normally, at least thirty days are needed between the request for funding and delivery of a reimbursement check. The project sponsor will commit to providing a matching contribution consistent with the project application, and no less than the amount of Conservation Futures funds awarded to the project, before Conservation Futures tax funds are reimbursed to that sponsor. This contribution may consist of: cash; land trades if the valuation of the land to be traded is established by a valuation arising from an appraisal 6 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program generated by a Washington State Certified Licensed Appraiser (Member of the Appraisal Institute MAI); the cash value of the land to be traded, excluding Jefferson County conservation futures contributions; or other open spaces acquired within the previous two years that are situated either directly adjacent to or could, in the sole discretion of the county, be directly linked to the property under application. cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See JCC 3.08.030(5).) Deeds and conservation easement documents must be recorded by the Jefferson County Auditor’s Office within 30 days of closing. If matching funds are not secured within three years, the project may be required to re-apply. Language pre-approved by Jefferson County is required to be included in conservation easement documents and deeds in order to ensure adequate protections for project and match properties, and the public interest, in perpetuity. See Appendix A, Section 5 for required language. 7. Compliance with All Laws Project sponsors shall comply fully with the project agreement, grant program policies, County policies and all applicable federal, state and local laws, orders, regulations and permits. 8. Record Retention/Public Records and Meetings Acts The project sponsor shall retain all books, records, documents, data and other materials relevant to the agreement for a minimum of ten (10) years after the completion of the project. Documents related to the expenditure of CFF funds, such as purchase and sale agreements, settlement documents, invoices, e-mails, expert reports and/or appraisals, are Public Records subject to disclosure in accordance with the Public Records Act, Ch. 42.56 RCW, if requested by a citizen or entity. All meetings, site visit imagery, and activities of the CFFCOC are subject to the Open Public Meetings Act, Ch. 42.30 RCW and Public Records Act, Ch. 42.56 RCW. The public is always invited and encouraged to attend meetings of the CFFCOC and CFF-related BoCC sessions. At least two observer comment periods are included in each agenda. 9. Acquisition Projects Project applications for the acquisition of property must meet the following threshold criteria in order to be considered for funding. Each application will receive an initial screening to make sure that it is in compliance. Applicants are encouraged to submit pertinent materials and documents, as appropriate, in addition to those items required. Multi-year acquisition projects are permitted but require additional justification. Project Eligibility Proposed acquisitions must have a willing seller. The property, or property right, must be eligible for purchase as defined by state law, RCW 84. 34.210 (i.e. “…protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land…”). 7 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Conservation Futures funds cannot be used to acquire property, or a property right, that will be used for active recreation purposes (including but not limited to sports fields, playgrounds, recreation centers, swimming beaches or pools, motorized boat launches). Conservation Futures funds cannot be used for passive development of a site. For the purposes of this application, passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnic areas, access, restrooms, landscaping and parking. Applicant Eligibility Eligible applicants include the County, municipalities, Park Districts, State or federal agencies, private non-profit corporations or associations, and private individuals. Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include the County, municipalities, park districts, or private non-profit corporations based in Jefferson County. A current, but not necessarily comprehensive, list of eligible local sponsors may be requested from program staff. Eligible Capital Project Expenditures: (See also JCC 3.080.030(7)) Capital project expenditures or match may include: Costs of acquiring real property, including interests in real property Cost of related relocation of eligible occupants (includes administration) Cost of appraisal Cost of appraisal review Cost of title insurance Closing costs Pro rata real estate taxes Recording fees Compensating tax Hazardous waste substances reports Directly related staff and administrative costs, including development of the Stewardship Plan These are limited to 5% of the total cost of the project.) Related legal costs excluding the cost of preparing an application for Conservation Futures funds Baseline documentation Boundary surveys Cultural resources review (survey, excavation, on-site monitoring and data recovery) Conservation Futures tax levy funds may not be used to acquire any real property or interest in real property therein through the exercise of the power of eminent domain. Stewardship Plan Prior to reimbursement, sponsors must provide a draft Stewardship Plan that describes how the property, or property right, will be maintained over time. Costs for Stewardship Plans are eligible for operations and maintenance reimbursement as “Special Reports,” or as acquisition-related reimbursement under “directly related staff and administrative costs” (limited to 5% of the total cost of the project). Title Report and Title Insurance 8 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Please make county staff aware of issues that could affect the title report and provide updates as they are generated. A title report and title insurance are to be issued in conjunction with the property transaction. Appraisals Successful applicants must provide an independent appraisal (standard, narrative or M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at the time that reimbursement is requested. In no case shall CFF funds dispersed exceed the grant amount awarded by the BoCC. No appraisal is required for properties assessed at $20,000 or less. The appraisal must: be no more than 1 year old. A Supplemental Update by the original appraiser may be required, at the discretion of the county, if the appraisal is more than six months old. include a current Title Report provided at the time of the most current appraisal or update. if timber, mineral or aquatic resources are to be included as value to the appraisal, then the appraisal shall include a separate timber, mineral or aquatic resources evaluation of value, or an opinion of value from a qualified representative of the real estate industry or recent valuation from the Jefferson County Assessor’s Office may be used when the total assessed value does not exceed $20,000. Review Appraisals No appraisal review is required of the sponsor by the CFF program. However, the CFFCOC and/or the county may choose to select an appraisal for independent review for any reason. Project Implementation At the time of purchase or the signing of a “purchase and sale agreement”, the appraisal must be no more than one year old unless an extended period is requested and approved by the county, up to a total of 18 months. Application and Attachment Requirements for Acquisition Projects All materials must be submitted electronically as one or more PDF files to tpokorny@co.jefferson.wa.us: Proof of Willing Seller: A “Willing Seller” letter confirming that the current owner of the property proposed for acquisition is willing to sell. Estimate of Value: A county assessment, certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency’s jurisdictional boundaries, clearly identify the location of the proposed acquisition. Critical Areas Map: On a quarter section map(s) or other map(s) of sufficiently large scale, identify the location/boundaries of any and all designated Critical Areas on the proposed acquisition 9 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Project Boundary Map: On a quarter-section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six (6) different views of the property proposed for acquisition. The images should show vegetation, terrain, waterfront, man-made features, access roads, wetlands, unique characteristics, etc. Please include captions and an aerial view, if available. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: Proof of 501(c)(3) Status Current Budget Board Roster Organization Chart or Staff Roster Most Recent Financial Statements (audited if possible) Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. 10. Combination Acquisition/O & M Projects Projects that involve acquisition and O & M expenses are allowed and require that complete application information be submitted for both the acquisition and the O & M elements of the project. This requirement extends to projects that propose to use O & M expenses as match. Using O & M expenses as match will delay reimbursement for acquisition costs if match cannot be satisfied otherwise. 11. Operations and Maintenance Projects (combination and standalone) Statement of Priority with regard to standalone O & M projects Due to the urgent need to protect farm, forest, habitat, and other open space lands, the current priority of the Conservation Futures Fund program is to fund high quality acquisition projects. Operations and Maintenance funding for previously-completed acquisition projects may also be approved, when funding is available. Availability of Funds for O & M Only projects that are acquired using Conservation Futures funds are eligible for O & M funding. Requests for O & M funding should not exceed the available O & M award limit (consult with program staff). Approved disbursements for operation and maintenance of interests in real property purchased with Conservation Futures tax levy monies shall not in any particular year be greater than fifteen percent (15%) of the Conservation Futures tax levy monies raised in the preceding year (JCC 3.08.030(7)). Limitations on O & M Operations and Maintenance funding may only be used for property or property rights to be acquired, or previously acquired, with Conservation Futures funds. Conservation Futures tax levy funds 10 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program appropriated for O & M shall not supplant or replace any existing funding for maintenance and operation of parks and recreational lands. Applicant Eligibility Eligible applicants for O & M funds include the County, municipalities, Park Districts, State or federal agencies, private non-profit corporations or associations, and private individuals. Sponsor Eligibility All O & M funds applicants must have a local sponsor. Eligible sponsors include the County, municipalities, Park Districts, or private non-profit corporations based in Jefferson County. Eligible Operations & Maintenance Expenditures – with acquisition request or standalone for past projects – Total O & M awards are limited to 15% of the revenue to the Conservation Futures Fund in the previous year. Operations & Maintenance expenditures or match may include, but are not limited to: Cultural resources review (survey, excavation, on-site monitoring and data recovery) Demolition Fencing (if needed for public safety or resource protection) Noxious weed control Signage Special site-specific reports (e.g. Stewardship Plans or reports) Wetland identification and/or delineation Requirements for O & M Funds Application All requested materials must accompany the application upon submission. If an item is irrelevant to the project at hand, please explain why this is so. Narrative description of how the requested funds will support specific O & M activities; what problems or stewardship needs will be addressed by the use of O & M funds; how the proposed O & M activities will help implement the current Stewardship Plan for the site; probable phasing of O & M activities; and other information that will help describe the need for and scope of the O & M project. Simple budget describing how requested O & M funds will be used and the source of matching funds. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency’s jurisdictional boundaries, clearly identify the location of the proposed O & M activities. Project Boundary Map: On a Quarter-section map or other map of sufficiently large scale, identify the boundaries of the proposed O & M project. Color Images: Provide images of portions of the property proposed for O & M activities. Please include captions, if available. Plan, map, or aerial photo of the project site showing proposed areas of maintenance or improvements, if applicable. Copy of minutes or resolution documenting official action of project sponsor to submit application for O & M project funding. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. 11 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Documentation of Match A match contribution that equals the percentage of the project promised in the O & M project application (no less than 50%) must be documented with each invoice. Match guidelines are identical for acquisition and O & M proposals. In-kind labor cannot be used as match. An expenditure summary that provides the following information must accompany requests for reimbursement: 1) Date the payment was made, with legible receipts. 2) The vendor and/or employee to whom the payment was made. 3) A description of what was purchased or what work and/or services were performed; provide a description of what service or work was performed for the payroll costs or by the sub- contractor. 4) Detailed staff timesheets Invoicing Invoices must include all standard invoice elements and be accompanied at the time of submission by clear backup, with key amounts circled, as well as a table showing how the funding has been spent and matched. Since O & M invoicing can extend over a ten-year period, please show a running tally of expended and available CF award funds. Each invoice must include at least 50% match, unless match is “banked” in advance with County approval. At the time of the final invoice, the matching contribution is expected to align with the total anticipated match percentage as shown in the project agreement. Annual Reporting Any project sponsor receiving O & M funds is required to submit a report each year by December 31 until those funds are expended. The reports become public domain and are shared with the CFFCOC. Application and Attachment Requirements for O&M Projects To apply for O & M funding for a project previously purchased using CFF Funds, use the standard application form. In question #1, refer to the original project title and year that the project was approved followed by “O & M Request Only”. If you feel that a question is irrelevant to the project at hand, please answer “N/A”. 12. Required Site Visit Project sponsors are asked to host the CFFCOC on project site visit(s) and, beforehand, to obtain written permission from the landowner for a County employee to take photographs and make an unrestricted video recording of the project area. These materials are used to inform any CFFCOC members not in attendance at the site visit(s) due to health considerations or other needs. The images and videos will be kept on file and discoverable under the Open Public Records Act. If necessary, due to health and safety or other considerations, 12 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program the project sponsor may arrange for one or two County employees to record the video in the absence of any CFFCOC members. Site visit presentations should be primarily led by the project sponsor. 13. Required Meetings The CFFCOC will meet to hear project presentations. The sponsor should attend the meeting in person, if possible, and make a presentation that begins with an introductory project description and ideally is organized according to the sequence of scored questions. CFFCOC members are required to participate in both the project presentation and ranking meetings as well as the site visit (or view the site visit video) in order to be eligible to vote on funding recommendations. 14. Annual Reports Sponsors are required to submit an annual report by December 31st every year from the date of award until three years after the CF funds are disbursed. Sponsors receiving O & M funds will also submit an annual report for each year that O & M funds are expended. An annual report template is included with this manual and will be provided to the project sponsor electronically. 15. Additional Reporting Five years after the final requisite annual report is submitted, sponsors should provide an update on their stewardship and monitoring of the project. At any point subsequent to this, the CFFCOC or program staff may also inquire as to project status. 16. Project Changes Project sponsors are expected to implement funded projects as described in their application to the CFFCOC. However, occasional changes may be necessary. This section describes the process by which a project sponsor can initiate a request for a change to a previously-approved or -funded project. A change occurs whenever the language contained in the application to the Conservation Futures Fund no longer accurately or fully describes the project. A proposed project change typically requires that the CFFCOC first develop a recommendation for the BoCC to consider. Project change requests shall be submitted as follows: 1. Send a “request for changes”, addressed to the CFFCOC and Board of County Commissioners, in an email to the program coordinator describing the desired change(s) and need for it/them in as much detail as possible. Also, characterize the level of urgency for addressing the possible change. If at all possible, provide this information at least two weeks ahead of the next scheduled full CFFCOC meeting for possible inclusion on the draft agenda. 2. Reflect the proposed change(s) in a Microsoft Word version of the original Conservation Futures Fund application, and the County/Sponsor resolution or agreement (as applicable), using Track Changes. Label new attachments with the current date. Attach the document(s) to the email described above. 3. When the change request is included on an agenda, the sponsor should make every effort to attend that meeting in person or by phone/internet. 13 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 4. If the need for change is urgent, the Chair may call a special, ad hoc, meeting. However, such a meeting requires that a quorum of CFFCOC members is available to approve any recommendation to the BoCC. 5. The following change requests are considered particularly significant, and always require CFFCOC review and recommendation to the BoCC: a. Parcel substitution or removal b. Increase in funding amount c. Reduction in percentage match d. Loss of conservation value e. Change in funding category (acquisition and/or O & M) The CFFCOC shall: 1. Review the request for change and ask questions of the project sponsor, as needed. 2. Engage in discussion about the proposed change. 3. Formulate and vote, consistent with the bylaws, on a motion to accomplish one or more of the following: a. Draft a statement to recommend the change for approval by the BoCC in its current form. b. Ask the project sponsor to revise and resubmit the change request for a future meeting. c. Reject the change and submit a statement to the BoCC to accompany the request. Staff shall: 1. Work with the project sponsor and CFFCOC chair to refine or clarify the change request ahead of its presentation at the next CFFCOC meeting, as needed. 2. Forward the change request and CFFCOC recommendations to the BoCC for final determination at a regularly scheduled meeting. 3. Work with the CFFCOC, and sub-committee(s) as applicable, to learn from the change and determine if related updates to program materials are needed. 17. Program Suggestions Suggestions for program improvements are always welcome and may be provided to the CFFCOC by letter or email via the program coordinator at the contact information provided herein. Every CFFCOC meeting also includes at least two public comment periods. Meeting agendas are posted on the program website. 14 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A GRANT AGREEMENT TEMPLATE FOR FEE SIMPLE ACQUISITIONS INFORMATIONAL ONLY) Please Note: Contact program coordinator to request the template for conservation easements. JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: [SPONSOR (UBI Number: xxx xxx xxx)] Project Title: [PROJECT] Contract Number: [xxxxxxx] Approval: [Resolution No.] 1. Parties to this Agreement This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor), ADDRESS]. 2. Purpose of this Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No. NUMBER]. 3. Grant Administration The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor. 4. Description of Project The subject project is described in the Scope of Work (Appendix A). 5. Project Requirements SPONSOR] shall implement a Conservation Futures Program project to acquire in fee simple title [NUMBER] via DEED TYPE] deed of the parcels of land known in the records of the Jefferson County Assessor as APN#(s) NUMBERS] (the Property), and as described in the [YEAR] Conservation Futures Fund project application for PROJECT NAME] (Exhibit B) and [YEAR] Conservation Futures Fund Program Manual (Exhibit C), and as authorized by Resolution [NUMBER] (Exhibit D). The [DEED TYPE] deed shall [INSERT PURPOSE], as described in the project application. Language must be included in the [DEED TYPE] deed to protect the County’s interests and the Project’s conservation values, including, at a minimum, the following: Grantee’s costs of acquiring the Property were provided in part by grant funding from the Jefferson County Conservation Futures property tax authorized by Washington law. Grantee hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized under RCW 84.34.230, including the obligation to ensure the long-term conservation of the Property in accordance with the terms and conditions of the statutory warranty deed, and to obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless 15 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program and only if other equivalent lands or interest in lands within Jefferson County are received by Grantee in exchange. 6. Period of Performance The Project reimbursement period for acquisition expenses shall begin on [DATE] and end on [DATE], unless proof of match is provided prior to this date. Work performed consistent with this Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. 7. Annual Reporting Required. Annual reporting by the Sponsor to the County is required every year on or before December 31st until three years after the acquisition funds are dispersed and in each year O & M funds are used. 8. Project Funding The total grant award provided by the Conservation Futures Fund for the Project shall not exceed [AMOUNT AWARDED]. The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of the Project. The Sponsor shall be responsible for providing matching funds as described in their Project Application, no less than fifty (50%) percent of the total Project cost and all Project costs in excess of xxxxxx. The contribution by the Sponsor toward work on the Project shall be as indicated below. The contribution by the Conservation Futures Fund toward work on the Project is described below. Acquisition O & M Totals % Match PROJECT NAME] – Conservation Futures AMOUNT] $[AMOUNT] $[ AMOUNT] %[ AMOUNT] Estimated Project Sponsor Contribution AMOUNT] $[AMOUNT] $[ AMOUNT] %[ AMOUNT] Estimated Total Project Cost AMOUNT] $[AMOUNT] $[ AMOUNT] %[ AMOUNT] 9. Unexpended Project Allocations Should unexpected Project allocations, including (but not limited to) project completion at less than the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall notify the County within 30 days. 10. Modification of this Agreement All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by Jefferson Board of County Commissioners. 16 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 11. Indemnification a. For its comparative liability, each party agrees to indemnify, defend and hold the other party, its officers, officials, employees, agents and volunteers (and their marital communities), harmless from and against any claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its officers, officials, employees, agents or volunteers (and their marital communities). b. A party shall not be required to indemnify, defend, or hold the other party or its officers, officials, employees, agents and volunteers (and their marital communities) harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other party or its officers, officials, employees, agents or volunteers. c. If any concurrent act occurs or omission of the parties and their officers, officials, employees, agents and volunteers, negligent or otherwise, these indemnity provisions shall be valid and enforceable only for the comparative liability of each party and its officers, officials, employees, agents or volunteers. d. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. e. The indemnification obligations of the parties shall not be limited by the Washington State Industrial Insurance Act, Title 51 RCW, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act. Each party expressly waives any immunity afforded by such acts to the extent required by a party’s obligations to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents and volunteers (and their marital communities). A party’s waiver of immunity does not extend to claims made by its own employees directly against that party as employer. The indemnity provisions of this section are a material inducement to enter into this Agreement and have been mutually negotiated. This section shall survive the expiration or termination of this Agreement. 12. Insurance Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Contractor’s performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. 17 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability – including coverage for products and completed operations; iv. Premises – Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than 1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an “occurrence” form. If the professional liability policy is “claims made,” then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Contractor’s sole expense. The Contractor agrees the Contractor’s insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. The County shall be named as an “additional named insured” under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an “additional insured” to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. 18 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program h. The Contractor’s insurers shall have no right of recovery or subrogation against the County including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the policy or policies shall have no recourse against the County including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. l. Insurance companies issuing the Contractor’s insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liability claims provided to the County by a “Risk Pool” created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. o. The County may, upon the Contractor’s failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. r. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. 19 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 13. Workers Compensation (Industrial Insurance) a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, the Contractor shall maintain workers compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Workers compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker’s compensation and employer’s liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction that would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 14. Independent Contractor The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. The Sponsor specifically has the right to direct and control Contractor’s own activities and over all of its subcontractors, employees, agents and representatives in providing the agreed services in accordance with the specifications set out in this Agreement. Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement. 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, 20 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program otherwise assuming the duties of an employer with respect to Sponsor, or any employee of Sponsor. The Sponsor agrees to file all necessary governmental documents, including appropriate tax returns, reflecting income status as an independent contractor for services rendered to the County under this Agreement. 15. No Assignment The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16. Ownership and Use of Documents All documents, drawings, specifications and other materials produced by the Sponsor in connection with the services rendered under this Agreement shall be the property of the Sponsor whether the project for which they are made is executed or not. The County shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with the Sponsor’s endeavors. 17. Compliance with Applicable Statutes, Rules, and Jefferson County Policies This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including RCW 84.34.210, and published agency policies, which are incorporated into this Agreement by this reference as if fully set forth. 18. No Harassment of Discrimination Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory disability in the selection and retention of employees or procurement of materials or supplies. 19. Sponsor’s Accounting Books and Records The Sponsor shall maintain complete financial records relating to this Agreement and the services rendered including all books, records, documents, receipts, invoices, and all other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this Agreement. The Sponsor’s records and accounts pertaining to this Agreement are to be kept available for inspection by the Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly authorized by the County shall have full access and the right to examine any of these materials during this period for a period of ten (10) years after the date of the final payment to Sponsor. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Copies shall be made available upon request. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. 20. Licensing, Accreditation and Registration The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting, and registration requirement/standards necessary for the performance of this Agreement. 21 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 21. Disputes Except as otherwise provided in this Agreement, when a bona fide dispute arises between Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator agreed upon by the parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior Court. Either party’s request for a dispute hearing must be in writing and clearly state: a. the disputed issue(s); b. the relative positions of the parties; and, c. the Sponsor’s name, address and agency contact number. Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute resolution is used. The parties shall bear their own costs and attorney’s fees in any dispute. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney’s fees. 22. Termination for Funding Jefferson County may unilaterally terminate this Agreement in the event funding from state, federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of this Agreement. 23. Termination for Convenience The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Sponsor. 24. Assignment The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this Agreement without the express written consent of the County. 25. No Waiver Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 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. No term or provision of this Agreement shall 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 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 26. County Does Not Assume Additional Duties The County does not assume any obligation or duty, except as required by federal or state law, to determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or permits. 27. Agreement Representatives All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to: Sponsor Contact Conservation Futures Fund Program Contact Tami Pokorny Jefferson County Environmental Public Health – Conservation Futures Fund 615 Sheridan Street Port Townsend, WA 98368 360) 385-9444 tpokorny@co.jefferson.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. 28. Entire Agreement This Agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 29. 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. 30. Survival Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall survive the term of this Agreement. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c) indemnification. 31. 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. 32. 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. 23 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 33. Signature in Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 34. Facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 35. Public Records Act Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Sponsor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, shall be a “public record” subject to production to a third party if it is requested pursuant to the Washington Public Records Act. 36. Effective Date of this Agreement This Agreement shall be effective upon signing by all parties. 37. Controlling Law It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 38. Order of Precedence. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case law. 39. Force Majeure Neither party shall be in default by reason of any failure in performance of this Agreement, if such failure arises out of causes beyond a party’s control and without fault or negligence of such party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine restrictions. 24 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 40. Attachments Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement. 41. Representations and Warranties The parties represent and warrant that: (a) Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the party for whom signature is being made; (b) Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c) The making and performance of this Agreement will not violate any provision of law or of any party’s articles of incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this Agreement, that the terms of this Agreement are contractual and not merely recitals, and that they have signed this Agreement, having obtained the advice of legal counsel. DATED this ________________ day of ___________________, 20______. SIGNATURES FOLLOW ON THE NEXT PAGE) 25 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: __________________________________ Commissioner 1] By: __________________________________ Commissioner 2] By: __________________________________ Commissioner 3] SEAL: ATTEST: NAME], CMC Clerk of the Board APPROVED AS TO FORM ONLY: NAME] Date Chief Civil Deputy Prosecuting Attorney SPONSOR] By: ____________________________ Signature Name: _________________________ Title: __________________________ Date: __________________________ 26 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A (to the Agreement template) Scope of Work SPONSOR], as project sponsor (“Sponsor”), shall perform the following tasks in order to implement the [PROJECT]: Task 1: Secure Matching Contribution Sponsor shall secure the necessary matching contribution as described in their Project Application, no less than [xx percent (xx%)] of the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5). Deliverable 1a: Documentation of matching contribution(s) of no less than [xx%] of the total project cost. Task 2: Acquire Fee Simple Deed Sponsor shall acquire an approved deed form on the Property that incorporates the approved Conservation Futures Program language in item “C” of this Agreement. Deliverable 2a: Finalized (unexecuted) deeds shall be attached to this Agreement as Exhibit A. Deliverable 2b: Qualifying appraisal and estimated settlement statement (HUD-1). Deliverable 2c: Recorded deed for subject parcels. Deliverable 2d: Recorded deed(s) for match parcel(s), as applicable. Task 3: Stewardship Plan Sponsor shall provide a plan for stewardship. Deliverable 3a: Electronic copy of Stewardship Plan Task 4: Annual Reporting Sponsor shall monitor and report on the property as described in item “D” of this Agreement and submit required reports to the Conservation Futures Fund Citizen Oversight Committee (through staff) in the format provided for each year that it is required. Deliverable 4a: Completed annual reports. 27 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Exhibit A Final (unexecuted) Property Deeds Exhibit B 202x] Conservation Futures Fund Application for [PROJECT TITLE] Exhibit C 202x] Conservation Futures Fund Program Manual Exhibit D Jefferson County Resolution No. [NUMBER] End Fee Simple Informational Template 28 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX B APPROVED PROJECTS MAP 29 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX C ANNUAL REPORT FORM TEMPLATE Jefferson County Conservation Futures Fund Program Annual Project Reporting Form TEMPLATE Project Title: Project Objectives as outlined in CFF Application: Parcel Number(s): Total Acreage: Month and year that CFF funding was awarded: Amount of CFF award: Acquisition: O & M: Conservation Easement Title: Grantor: Grantee: Date of Acquisition: Purchase price: Fee Simple Acquisition Seller: Buyer/Title Holder: Date of Acquisition: Purchase price: Entity responsible for stewardship: Plans or agreements pertaining to this acquisition: O & M funds received since acquisition (list by year): Existing and on-going activities and projects (for each O & M activity that has occurred since December 31 of the previous year, please provide supporting documentation): New events, activities, projects (for each O & M activity that has occurred since December 31 of the previous year, please provide supporting documentation): Needs and challenges to meeting Project objectives: Demonstrated progress towards Project’s objectives: Completed by: Title: Organization: Signature Date 30 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX D DEFINITIONS Conservation Futures Fund Citizen Oversight Committee” means the Jefferson County conservation futures fund citizen oversight committee established under this chapter. Conservation Futures Fund” means the Jefferson County conservation futures fund established under this chapter. Conservation futures tax levy” means that Jefferson County tax levy upon all taxable property in Jefferson County authorized by RCW 84.34.230. County” means Jefferson County and/or its Conservation Futures Fund citizen oversight committee. Cultural resources” means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. Open space land” means the fee simple or any lesser interest or development right with respect to real property including, but not limited to, conservation futures, easements, covenants or other contractual rights necessary to protect, preserve, maintain, improve, restore, limit the future use of or conserve selected open space land, farm and agricultural land and timber land (as those terms are defined in Chapter 84.34 RCW). Project” means open space land, or any lesser interest or development right in specific real property, to which Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02 § 1] Silviculture” means the practice of controlling the establishment, growth, composition, health, and quality of forests for the production of forest products. 31 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX E DRAFT 2026 PROGRAM CALENDAR WE February 18, 2026 4pm – 6pm Past projects review FR February 27, 2026 Preapplications due TU March 10, 2026 9am – 5pm Site visits rain or shine (alternatively by video) FR March 20, 2026 by midnight Final project applications due to staff from applicants (email only) TU March 31, 2026 2pm – 5pm Final project interviews TU April 7, 2026 Deadline for additional questions for applicants (through staff) TU April 14, 2026 Deadline for applicants to respond to questions (through staff) FR April 17, 2026 (somewhat flexible deadline) Provide scores to staff TU April 21, 2026 2pm – 5pm Score, Rank and Recommend Meeting May/June 2026 Presentation of Recommendations to BoCC TU October 13, 2026 3pm – 5pm Program materials review (changes for 2027) TU November 17, 2026 3pm – 5pm Program materials approval (changes for 2027) 32 2026 CFF Program Manual http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX F JEFFERSON COUNTY CODE CRITERIA CROSSWALK Relationship between CFF Application Questions and Program Criteria Outlined in JCC 3.08 Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 MAX Criteria 1 X X 44 Criteria 2 X X 42 Criteria 3 X X X X X 103 Criteria 4 X 15 Criteria 5 X X X 50 Criteria 6 N/A Maximum Points 15 15 5 20 24 30 27 15 30 20 24 20 9 254 JCC 3.08.040 Preservation criteria Specific criteria for ranking and selection of projects are contained in a process guidance document approved by the Jefferson County board of commissioners that shall be provided to the citizen oversight committee annually. These criteria will be updated from time to time to reflect the priorities and needs of the citizens of Jefferson County. Overall, the following criteria shall guide the use of conservation futures funds: 1) Preservation of sensitive lands that have truly unique characteristics that will be permanently damaged by potential development or resource extraction; 2) Preservation or enhancement of lands that provide a variety of habitat for flora and fauna, including habitat that supports threatened or endangered species; 3) Preservation of lands that have significant regional or community benefit; 4) Leveraging conservation futures funds with other resources; 5) Acquisitions shall be supported by strategies to provide stewardship and long-term management of the lands through the development and implementation of a management plan; 6) Other criteria consistent with RCW 84.34.020. [Ord. 6-02 § 4] 1 2026 CFF Program Application Please complete the following application in its entirety. Be sure to answer “N/A” for questions that don’t apply to the project. Unless directed otherwise, use as much space as needed to answer each question. Contact program staff at (360) 385-9444 or tpokorny@co.jefferson.wa.us with questions. Background and Eligibility Information 1. Project Title_______________________________________________________________________________ 2. Conservation Futures Fund acquisition request amount ($): __________________________________________ Conservation Futures Fund O&M request amount ($): _____________________________________________ 3. Total Conservation Futures Fund request amount ($): _____________________________________________ 4. Please indicate the type of interest contemplated in the acquisition process. Fee-simple acquisition __ Conservation Easement __ Other (Please describe below.) In whose name will the property title be held after acquisition? 5. Applicant Information Name of Applicant or Organization: ______________________________________________________________ Contact: ____________________________________________________________________________________ Title: ______________________________________________________________________________________ Address: ____________________________________________________________________________________ Phone: (_____) _____-________, ext. ____ _______________________ Fax: (_____) _____-________, ext. ____ Email: _____________________________________________________________________________________ 6. Sponsor Information: (if different than applicant) _________________________________________________ Organization Name:___________________________________________________________________________ Contact: ____________________________________________________________________________________ Title: ______________________________________________________________________________________ Address: ____________________________________________________________________________________ Phone: (_____) _____-________, ext. ____ _______________________ Fax: (_____) _____-________, ext. ____ Email: _____________________________________________________________________________________ This application was approved by the sponsor’s legally responsible body (e.g., board, council, etc.) on 20___. 2026 Jefferson County Conservation Futures Fund Program Property Acquisition Project and/or Operations and Maintenance Project Application 2 2026 CFF Program Application 7. Project Location Street Address or Description of Location: Section: Township: Range: Driving Directions from Port Townsend: Assessor’s Parcel Number(s):__________________________________________________________________ Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with CFF funds or used as match. Please list the assessed values for each property or APN, as applicable. 8. Existing Conditions New CFF Project Site: Yes No ________________ Number of Parcels: _______________________ Addition to Existing CFF Project Site: Yes No ____ Acres to Be Acquired: _____________________ Total Project Acreage (if different):______________ Current Zoning: ________________________________ Existing Structures/Facilities: ___________________________________________________________________ Any current covenants, easements or restrictions on land use:__________________________________________ Current Use: ________________________________________________________________________________ Waterfront (name of body of water): ______________________________________________________________ Shoreline (linear feet): _________________________________________________________________________ Owner Tidelands/Shorelands: ___________________________________________________________________ 9. Current Property Owner __ is __is not a willing seller. Project Description 10. In 1,000 words or less, provide a summary description of the project, the match, and why you think preserving this property is important. Name three top objectives for the property (other than those related to funding). Include information about the physical characteristics of the site that is proposed for acquisition with Conservation Futures Fund Program funds including: vegetation, topography, surrounding land use, and relationship to parks, trails, and open space. Describe the use planned for the site, any development plans after acquisition (including passive development), characteristics of the site which demonstrate that it is well-suited to the proposed use, and plans for any structures currently on the site. If applicable, describe how the site project relates to a larger 3 2026 CFF Program Application conservation program (please identify), and whether the project has a plan, schedule and funding dedicated to its completion. Please also list any important milestones for the project or critical dates, e.g. grant deadlines. List the dates and explain their importance. Please attach a spreadsheet of the budget. 11. Estimate costs below, including the estimated or appraised value of the propert(ies) or property right(s) to be acquired, even if Conservation Futures Fund funds will only cover a portion of the total project cost. In the case of projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel. Estimated or Appraised Value of Propert(ies) to be Acquired: Total Estimated Acquisition-related Cost (see Conservation Futures Fund Manual for eligible costs): Total Operation and Maintenance Cost: Total Project Cost: Basis for Estimates (include information about how the property value(s) was determined, anticipated acquisition- related costs, general description of operation and maintenance work to be performed, task list with itemized budget, and anticipated schedule for completion of work): For all O & M requests, complete question #14. Scored Questions 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? Sponsors or other organizations are required to contribute to acquisition of the proposed site and/or operation and maintenance activities. 1 a. Please describe below how contributions from groups or agencies will reduce the need to use Conservation Futures Fund program funds. 1 b. Matching Fund Estimate Acquisition O&M % Conservation Futures Funds Requested ____________ ____________ ___% Matching Funds/Resources* ____________ ____________ ___% Total Project Acquisition Cost ____________ ____________ 100% If a prior acquisition is being proposed as match, please describe and provide documentation of value, location, date of acquisition and other information that would directly link the match to the property being considered for acquisition. 1 c. Source of matching Amount of Contribution If not, Contribution If not, funds/resources contribution approved? when? available now? when? Yes No _________ Yes No ________ Yes No _________ Yes No ________ Yes No _________ Yes No ________ Yes No _________ Yes No ________ 4 2026 CFF Program Application NOTE: Fifty-percent (50%) matching funds are required, and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right can be considered as a matching resource. Donation of services for on-going maintenance or stewardship (“in-kind” labor contributions) are not eligible as a match. 2. To what degree has the project sponsor identified the long-term stewardship issues for the proposed project? 2 a. Identify any factors, threats, or stressors that could negatively affect the project’s conservation values and/or community benefits if the property is not conserved. 2 b. Describe the management strategies that the stewardship plan will include to address these identified factors, threats, or stressors, including any actions planned to make these negative outcomes or impacts less likely. 2 c. Describe any existing water rights, and current uses of water. Identify any conservation values currently being protected that are dependent on these sources of water. 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? 3 a. Describe the sponsoring agency’s previous or on-going stewardship experience. 3 b. Has the project sponsor and/or applicant been involved in other projects previously approved for Conservation Futures Fund funding? No, neither the sponsor nor applicant has been involved in a project previously approved for Conservation Futures Fund funds. Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures Fund funds. Please provide details: 4. To what degree is the project a part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? The proposed acquisition: is specifically identified in an adopted open space, conservation, or resource preservation program or plan, or community conservation effort, that provided opportunities for public review and comment. Please describe below, including this project’s importance to the plan. Please also reference the website of the plan if available or include the plan with this application. complements an adopted open space or conservation plan that was open to public review, but is not specifically identified. Please describe below, and describe how the proposed acquisition is consistent with the plan. is a stand-alone project, or part of a project that was not open to public review. 5 2026 CFF Program Application 5. To what degree does the project conserve opportunities which are otherwise lost or threatened? 5 a. The proposed acquisition site __does __ does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. 5 b. If applicable, please carefully describe the nature and immediacy of the threat, and any unique qualities about the site. 6. Are the conservation values of the project commensurate with or greater than the amount of CFF funds requested, and will both the timeframes for meeting project objectives and associated metrics demonstrate achievement of the conservation objectives? 6 a. Summarize the project’s conservation values and how the CFF funds requested support these values. 6 b. Summarize how the project’s conservation values are related to the project’s specific objectives. 7. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? 7 a.____ provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species (provide list and references). 7 b.____ provides habitat for native flora and fauna. Identify the documented habitat(s) and native flora or fauna species that will be protected by the project. 7 c.____ contributes to a wildlife corridor or migration route identified by Washington Connectivity Working Group or other peer-reviewed source. If affirmative in any of the above, please describe and list the Priority Habitat(s) and Threatened, Endangered, or Sensitive species below, and cite or provide documentation of species’ use.1 Peer-reviewed citations/sources are preferred, but others may be considered if they are of substantially equal quality and appropriately attributed. 8. To what degree does the project protect habitat for anadromous fish species? 8. Describe to what degree the project protects habitat for anadromous fish species (for example: marine shorelines, stream or river corridors including meander zones, and riparian buffers). Please provide documentation and maps that demonstrate the location, quality and extent of the existing buffer and adjoining habitat. 9. To what degree does the project preserve farmland for agricultural use OR preserve forestland for forest management? 1 See, for example, https://wdfw.wa.gov/sites/default/files/publications/01742/wdfw01742.pdf https://www.dnr.wa.gov/NHPlists https://www.dnr.wa.gov/publications/amp_nh_conservation_status.pdf 6 2026 CFF Program Application 9 a. Describe the extent and nature of current and planned agricultural use or forest management activities of the proposed acquisition, including any anticipated changes to that use once the property, or property right, is acquired with Conservation Futures funds. 9 b. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat. 9 c. Does this project preserve a mix of quality farmland and forestland? 10. To what degree does this project increase resiliency to and mitigation of climate change, and is the project’s scale significant in regards to increasing climate resiliency? 10. Describe how this project will increase resiliency to and mitigation of climate change. Is the project’s scale significant in regards to increasing climate resiliency? 11. What area does the project serve? 11 a. Describe how the proposed acquisition benefits primarily a __local area __broad county area including the area served, the nature of the benefit, the jurisdictions involved, and the populations served. 11 b. Is the project located in an area that is under-represented by CFF funded Projects? Areas that Conservation Futures has not been able to support to date include, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula, and the West End. 12. To what degree is the applicant committing to providing educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project?2 12. Describe the educational or interpretive opportunities that the applicant will provide for public access, educational or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide those improvements and any plans for public accessibility that will not reduce the conservation value(s) of the project.2 Provide the time frames when each of the above will be implemented. 13. To what degree does the project preserve historic or culturally significant resources3? 13. The proposed acquisition includes historic or culturally significant resources. is registered with the National Register of Historic Places, or an equivalent program. is recognized locally has having historic or cultural resources. is adjacent to and provides a buffer for a historic or cultural site. none of the above. 2 The words “education” and “interpretation” are interpreted broadly by the CFF Committee. 3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. 7 2026 CFF Program Application If affirmative in any of the above, please describe below, and cite or provide documentation of the historical cultural resources and how CF funds will be used for their preservation. All O & M Fund Requests: 14. Applications for Operation and Maintenance funding to be scored on a scale of 1-100 based on information provided. Consider the CFF Manual and the topics below, for example: 14. Describe the reason O & M funds are needed, proposed O & M activities, and how additional O&M funds will protect the conservation values and opportunities cited in this or a previous project application. Attach additional information such as Stewardship Plans, maps, field reports, work plans, budgets, timelines, etc., to support the application, if appropriate. Standalone O & M projects must address a compelling, immediate need or threat to an approved CFF project. Describe any previously unforeseen or urgent threats to the resource conservation values of the site and how the proposed O & M activities will mitigate those threats and/or prevent potential future threats. A current Stewardship Plan must be attached. Verification 15. Sponsor commitments: Sponsors of projects that are approved for funding by the Board of County Commissioners are required to submit an annual report by December 31 every year for three years after the award is approved, or three years after the acquisition funds are disbursed to the applicant, whichever is later. The annual report shall address any changes in the project focus or purpose, progress in obtaining matching funding, and stewardship, operations, and maintenance activities. Sponsors receiving O & M funds are required to submit an annual report for each year that O&M funds are expended. 15 a. If this project is approved for funding, I understand the sponsor is required to submit annual reports for three years and for any subsequent year in which O & M funds are expended. ____________Initials____________Date If, three years after the date funding is approved by the Board of County Commissioners, the project sponsor has not obtained the required matching funds to implement the project, the CFFCOC may request the Board of County Commissioners to nullify their approval of funds, and may require the project to re-apply. 15 b. If this project is approved for funding, I understand that the sponsor, may be required to re-submit the application if necessary matching funding is not secured within three years._______Initials_______Date 15 c. The sponsor has reviewed all project requirements, and I certify that all of the information in the application is true and accurate to the best of my knowledge. _________Initials_______Date 15 d. I understand that the sponsor commits to providing long-term stewardship to achieve the conservation and protection goals of the project as proposed in this application. _________Initials_______Date 1 2026 CFF Project Score Sheet Please note: if none of the answers provided describe the project, answer “N/A” or “0”. SCORE x WEIGHT = SCORE 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? ______ X 5 = _______ Points awarded based on the following level of contribution) Leverages significantly = 3 points Leverages moderately = 2 points Meets requirement = 1 point 2. To what degree has the project sponsor identified the long-term stewardship issues for the proposed project? ______ X 5 = _______ Sliding scale: 0-3 points 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? ______ X 1 = _______ Highly demonstrated = 5 points Moderately demonstrated = 3 points Slightly demonstrated = 1 point Effectiveness not demonstrated = 0 points 4. To what degree is the project part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? Public input opportunities and plan/program is directly related = 3-5 points Public input but plan is general in nature, and does not specifically apply to this project = 2-4 points Plan or program was developed without public input = 1-2 points X 4 = _______ 5. To what degree does the project conserve opportunities which are otherwise lost or threatened? ______ X 6 = _______ Sliding scale: 1-4 points 6. Are the conservation values of the project commensurate with or greater than the amount of CFF funds requested, and will both the timeframes for meeting project objectives and associated metrics demonstrate achievement of the conservation objectives? ______ X 10 = _______ Sliding scale: 0-3 points 2026 Jefferson County Conservation Futures Fund Project Score Sheet Name______________________ Project_____________________ 2 2026 CFF Project Score Sheet 7. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? Points awarded in part based on level of documentation) a. Provides State of Washington Priority Habitat specific to the project and/or State or Federal (NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species = 0–3 points ______ X 3 =______ b. Provides habitat for native flora & fauna = 0–3 points ______ X 3 = ______ c. Contributes to a wildlife corridor or migration route identified by Washington Connectivity Working Group or other peer-reviewed source = 0–3 points ______ X 3 =______ Peer-reviewed citations/sources are preferred, but others may be considered if they are of substantially equal quality and appropriately attributed. 8. To what degree does the project protect habitat for anadromous fish species? Sliding scale: 0-5 points ______ X 3 = ______ 9. To what degree does the project preserve farmland for agricultural use OR forestland for forest management? a. Likely will maintain active agricultural or silvicultural use = 0–3 points X 4 =________ b. Property acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat = 0–3 points ______ X 4 = _______ c. Does this project preserve a mix of quality farmland and quality forestland? = 0-3 points X 2 = _______ 10. To what degree does this project increase resiliency to and mitigation of climate change, and is the project’s scale significant in regards to increasing climate resiliency? Direct benefit and significant in scale = 3-4 points ______ X 5 = _______ Indirect benefits and minor impact based on scale = 0-2 points 11. To what degree does the project serve: a. A significant benefit area? Sliding scale: 1-3 points ______ X 4 = _______ b. Is the project located in an area that is under-represented by CFF funded projects? Sliding scale: 0-3 points ______ X 4 =_______ 3 2026 CFF Project Score Sheet 12. To what degree is the applicant committing to providing educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project?1 X 4 = _______ Applicant has committed to providing public access, with planned or educational/interpretive displays and materials, events or activities that will not reduce the conservation values of the project = 5 points Applicant has committed to providing limited public access, available space for signage and educational materials = 3 points Applicant has not committed to providing public access = 0 points 1 The words “education” and “interpretation” are interpreted broadly by the CFFCOC. 13. To what degree does the project preserve historic or culturally significant resources? 2 X 3 = _______ Project is registered with the National Register of Historic Places, or an equivalent program = 3 points Project is recognized locally as having historic or cultural resources = 2 points Project is adjacent to and provides a buffer for a historic or cultural site = 1 point None of the above = 0 points 14. Applications for Operation and Maintenance funding to be scored on a scale of 1-100 based on information provided. Consider the CFF Manual and the topics below, for example: Please describe in detail, the reason O & M funds are needed, proposed O & M activities, and how they protect resources cited in the original acquisition project. Attach additional information such as up-to-date stewardship plan, maps, field reports, work plan, budget, timeline, etc., to support the application, if appropriate. O & M projects must address a compelling, immediate need. Specifically include whether the project has an up-to-date stewardship plan. If there is such a plan, is it being implemented and is the proposed O & M work specifically included in the plan? Also, describe any unforeseen or urgent threats to the resource conservation values of the site and whether the proposed O & M activities will mitigate those threats and/or prevent potential future threats. Is the proposed O & M work specifically described in the applicable stewardship plan? Do the O & M funds address a compelling, immediate need? Is the proposed O & M work specifically included in the stewardship plan? Application addresses an unforeseen or urgent threat to the resource conservation values of the site? Proposed activity mitigates or prevents potential future threats to the resource conservation goals of the project? 2 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: March 9, 2026 Subject: Resolution Authorizing Purchase of a Used 1999 Internation Tandem Axle Truck for Solid Waste Operations Statement of Issue: The attached Resolution authorizes purchase of a used 1999 International tandem axle truck for use at the Solid Waste Transfer Station under the special market conditions waiver of RCW 39.04.280(1)(b). Analysis/Strategic Goals/Pro's & Con's: Tandem axle trucks are used at the Transfer Station to move solid waste trailers in and around the facility. This results in multiple very short trips each day which do not total a lot of hours or miles. Simple, "no frills" terminal tractors, or equivalent, are best suited for these short off- highway trips in this environment. A used truck which is better suited for the intended use at the Transfer Station than the current 2009 on-highway Volvo truck can be purchased on the used market for approximately$53,500+ WSST. A new unit would cost approximately 185,000. The County has a rare opportunity to purchase a used, low-mileage truck which would be ideal for this job. Said truck, an International 52574 with less than 50,000 miles since new, would match the older units already in the county fleet, thus helping to maintain fleet commonality, which is important for maintenance efficiency. This purchase on the used market qualifies as a special market condition pursuant to RCW 39.04.280(1)(b) which allows the Board to waive competitive bidding requirements. Fiscal Impact/Cost Benefit Analysis: This purchase will save approximately $130,000 vs. purchase of new truck, thus helping the Solid Waste program to run cost-effectively. Projected life of the used truck is anticipated to be good since the usage at the Transfer Station does not result in a lot of miles or hours being put on these trucks. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Please approve the attached Resolution which will authorize purchase of a used 1999 International tandem axle truck from Puget Sound Truck Sales for approximately $53,500 + WSST. Department Contact: Monte Reinders, County Engineer Fleet/Roads Operations Manager x242 Reviewed By: 3 q46JoshPeters, County Administrator Date JEFFERSON COUNTY STATE OF WASHINGTON In the Matter of Authorizing the Purchase of a 1999 International S2574 Tandem Axel Truck for Use at the Solid Waste Transfer Station WHEREAS, the Solid Waste division operates two tandem axel trucks to maneuver solid waste trailers into and around the Transfer Station at Jacob Miller Road,and WHEREAS,simple,"no frills",terminal tractors are best suited for these short,off-highway trips,and WHEREAS, an existing 2009 on-highway Volvo transport truck used by Solid Waste since 2015 has been a less than an ideal match for Solid Waste Transfer Station operations for a variety of reasons,and WHEREAS, replacement with a new unit appropriate for the intended use would cost approximately $185,000,and WHEREAS,after months of market research Fleet has identified and inspected a used 1999 International S2574 tandem axle truck with less than 50,000 miles which is in excellent condition, and WHEREAS, said truck matches the older International trucks already in the county fleet which will help to maintain commonality among the fleet,and WHEREAS, said used truck can be purchased for $53,500 plus WSST from Puget Sound Truck Sales in Pacific,WA,and WHEREAS,other used trucks with the unique attributes of this unit have not been identified on the used market in our region despite months of market research,and WHEREAS, Fleet staff do not have any more person-hours available to dedicate to further research and travel to inspect used trucks for this need,and WHEREAS,time is of the essence to procure said truck while it remains on the market, and WHEREAS, the Board of County Commissioners finds that the above provisions of this Resolution identify a special market condition pursuant to RCW 39.04.280(1)(b) and provide the factual basis for waiving the competitive bidding requirements,and Page 1 of 3 WHEREAS,the Board of County Commissioners finds that passage of this Resolution and purchase of this used truck is in the best interest of the County Solid Waste program and its budget, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY,WASHINGTON,HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above"Whereas"clauses as Findings of Fact. Section 2. Purpose. The purpose of this Resolution is to approve the purchase of a used International S2574 tandem axle truck for use at the Solid Waste Transfer Station. Section 3. Purchase Authorized. Jefferson County Board of Commissioners hereby approves the purchase of a used International S2574 tandem axle truck from Puget Sound Truck Sales for approximately$53,500+WSST and finds that this purchase qualifies as a special market condition pursuant to RCW 39.04.280(1)(b)and that competitive bidding requirements may be waived. Section 4. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 5. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800 (19)( b). Section 6. Effective Date. This Resolution shall take effect and be in full force immediately upon passage by the Board of County Commissioners. SIGNATURES FOLLOW ON NEXT PAGE) Page 2 of 3 ADOPTED and APPROVED this day of March ,2026. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: Heather Dudley-Nollette, District 1 Heidi Eisenhour, Chair, District 2 ATTEST: Greg Brotherton, District 3 diA4 Carolyn Gallaway, CMC Date Monte Reinders,P.E., Date Clerk of the Board County Engineer and Fleet/Road Operations Mgr. Approved as to form only: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 3 of 3 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: March 9, 2026 Subject: Resolution to Create County Project Tarboo Creek Culverts Replacement Project Coyle Road MP 1.15 and MP 1.23, County Road No. 403908 Statement of Issue: Create a county project known as the Tarboo Creek Culverts Replacement Project. Analysis/Strategic Goals/Pro's Et Con's: The scope of the project is to remove the fish passage barriers and improve county road infrastructure by replacing the culverts at Coyle Road MP 1.15 and Coyle Road MP 1.23 with a new bridges or bridge-type structures. This project is being funded and managed by Northwest Watershed Institute NWI). Jefferson County staff will provide design review and coordination, and assistance with right-of-way acquisition. Fiscal Impact/Cost Benefit Analysis: The total estimated cost for Jefferson County design review and coordination, and right-of-way assistance is $26,000. This work will be funded at 100% by NWI's grant funding from the WDFW/RCO Fish Barrier Removal Board through a reimbursable agreement between Jefferson County and NWI. Recommendation: The Board is requested to sign one original of the Resolution to Create County Project, Tarboo Creek Culverts Replacement Project. Department Contact: Mark Thurston, P. E. Project Manager, 385-9210. Reviewed By: 3 LOC, J. r Peters, County Administrator Date f STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of initiating a x county road project designated as: x RESOLUTION NO. Tarboo Creek Culverts Replacement Project x IT IS HEREBY RESOLVED that Coyle Road,County Road No.403908,M.P. 1.15 and M.P. 1.23 be improved as follows: Remove the fish passage barriers and improve county road infrastructure by replacing the culverts at Coyle Road M.P. 1.15 and Coyle Road M.P. 1.23 with new bridges.This design project is being funded and managed by Northwest Watershed Institute. Jefferson County will provide assistance with design review and coordination,and right-of-way acquisition,per the table below. PURPOSE FUNDING County Tasks Previous Present Appropriation Appropriation Northwest Watershed Institute Road Fund Total FBRB)* Preliminary 0 10,000 0 10,000 Engineering Right of Way 0 16,000 0 16,000 Construction 0 Engineering 0 future funding application) 0 0 Construction 0 future funding application) 0 0 TOTAL 0 26,000 0 26,000 Funding for Preliminary Engineering and Right of Way coordination will be through a reimbursable agreement between Jefferson County and Northwest Watershed Institute. X This project is included in the officially adopted annual road program as Item No. 27 The project is hereby made a part of the officially adopted annual road program in accordance with R.C.W. 36.81.130. IT IS FURTHER RESOLVED that: The construction is to be accomplished by contract in accordance with R.C.W. 36.77.020 et. seq. The construction is to be accomplished by County forces in accordance with R.C.W. 36.77.065 and W.A.C. 136.18. X Northwest Watershed Institute will design and manage this project and be responsible for contracting and payment. PASSED AND ADOPTED THIS DAY OF JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Heather Dudley-Nollette,District 1 ATTEST: Heidi Eisenhour,District 2 Carolyn Gallaway,CMC Greg Brotherton,District 3 Clerk of the Board 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Jeremy Williammee, Community Development Director Greg Ballard, Development Code Administrator DATE: March 9, 2026 SUBJECT: HEARING and POSSIBLE ACTION re: Amendments to the Jefferson County Code regarding Critical Areas Ordinance (CAO) STATEMENT OF ISSUE: The Board of County Commissioners (BoCC) has scheduled a public hearing for March 9, 2026, at 2:30 p.m. to consider amendments to the Jefferson County Code (JCC) related to the Critical Areas Ordinance CAO). Specifically, amendments to chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned Resort) in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to 18.30 (Development Standards) in Appendix E, the amendments to chapter 18.40 JCC (Permit Application and Review Procedures/SEPA Implementation) in Appendix F, and the amendments to chapter 18.42 JCC (Personal Wireless Service Facilities) in Appendix G. ANALYSIS: The Planning Commission (PC) held a public hearing on December 17, 2025, and continued deliberations on January 7, 2026. After completing its review, the PC voted 9–0 to recommend that the BoCC adopt the proposed amendments to title 18 of the JCC pertaining to critical areas. The BoCC conducted a workshop on February 2, 2026, to review the PC’s recommendation. Following discussion, the BoCC elected to hold its own public hearing to gather additional testimony on the proposed amendments. On February 23, the BoCC approved a notice of public hearing for March 9, 2026, at 2:30 p.m., which was subsequently published in the February 25 and March 4, 2026 editions of The Leader. The Board may deliberate and take action on the CAO immediately following the hearing. DCD staff have reviewed the PC’s recommendation and prepared the attached updated amendments for the BoCC’s consideration. These updates are consistent with the PC’s recommendations and are limited to correcting scrivener’s errors and ensuring alignment with Resolution 17 19 on regulatory reform. The Prosecuting Attorney’s Office has reviewed the staff recommendation. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The General Fund supports this planning process. No significant fiscal impact from the decision to hold a public hearing, other than the fee charged by the newspaper of record. 2 RECOMMENDATION: Conduct the public hearing on March 9, 2026, at 2:30 p.m., deliberate, and potentially take final action on the proposed amendments to the Jefferson County Code related to the Critical Areas Ordinance (CAO) update. The Board may choose to begin or continue deliberations at a later date. The Board may also opt to keep the public hearing open to a specified date and time, to continue deliberations and accept additional written testimony or to receive additional oral testimony at a future continued hearing. REVIEWED BY Josh D. Peters, County Administrator Date 3/3/2026 1 STATE OF WASHINGTON County of Jefferson An Ordinance Repealing and Replacing Chapter 18.22 of the Jefferson County Code, known as the Critical Areas Ordinance, and Amending Chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned Resort), Chapter 18.10 (Definitions), Chapter 18.30 (Development Standards), Chapter 18.40 JCC (Permit Application and Review Procedures/SEPA Implementation), and Chapter 18.42 JCC (Personal Wireless Service Facilities). ORDINANCE NO. _____________________ WHEREAS, Jefferson County is required under the Growth Management Act (GMA), as codified under chapter 36.70A RCW and under the chapter 18.45 of the Jefferson County Code JCC) to conduct a periodic review and update of the Comprehensive Plan and Development Regulations to ensure consistency with updated state laws and regulations, population and employment projections, and county policy decisions and adopts the following procedural and legislative findings; and WHEREAS, RCW 36.70A.170 and RCW 36.70A.172 requires Jefferson County to designate critical areas, including the best available science in developing policies and development regulations to protect the functions and values of critical areas; and WHEREAS, RCW 36.70A.130 requires Jefferson County to continually review, evaluate, and periodically update its development regulations, including critical areas regulations; and WHEREAS, Jefferson County’s critical areas regulations are contained in chapter 18.22 of the JCC, which is commonly known as the critical areas ordinance (CAO); and WHEREAS, Ordinance No. 03-0317-08 adopted chapter 18.22 JCC (Critical Areas) and repealed the portions of chapter 18.15 JCC on “environmentally sensitive areas,” namely JCC 18.15.165, and JCC 18.15.185 through and including JCC 18.15.400. See Ordinance No. 03-0317- 08, Exhibit B; and WHEREAS, a note to JCC 18.15.180 states, “This was the location of former Environmentally Sensitive Areas District (ESA) Overlays, now codified in Chapter 18.22 as Critical Areas. Any remaining references to “environmentally sensitive areas” within the Jefferson County Code are interchangeable with the term “critical areas;’” and WHEREAS, adoption of Ordinance No. 03-0317-08 on March 17, 2008 is when a switch in the terminology to “critical areas” occurred in the Unified Development Code (title 18 JCC). However, remnants of the “environmentally sensitive areas” language continues in a few places in chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned Resort), chapter 18.30 Development Standards), chapter 18.40 JCC (Permit Application and Review Procedures/SEPA 2 Implementation), and chapter 18.42 JCC (Personal Wireless Service Facilities); and WHEREAS, in the GMA, “critical areas” has replaced the concept of “environmentally sensitive areas.” Full consistency with both the GMA and Resolution 17-19 (Regulatory Reform) should be accomplished by the elimination of all uses of “environmentally sensitive areas” in titles 17 and 18 JCC; and WHEREAS, Jefferson County apprised the public that the CAO was in the process of being updated during publicly noticed Jefferson County Planning Commission (Planning Commission) meetings which were held simultaneously in-person on October 16, 2024 in Brinnon, February 26, 2025 in Port Hadlock, March 19, 2025 in Gardiner, and March 25, 2025 in Quilcene and on-line; and WHEREAS, Jefferson County Staff provided an overview of revisions to the Fish and Wildlife Habitat Conservation Areas sections of the CAO to the Planning Commission in a publicly noticed meeting on April 2, 2025; and WHEREAS, Jefferson County Staff provided the Planning Commission with existing and proposed language for the Fish and Wildlife Habitat Conservation Areas and Geologically Hazardous Areas articles of the CAO on April 16, 2025: and WHEREAS, Jefferson County Staff discussed revisions to the Critical Aquifer Recharge Area, Frequently Flooded Areas and Wetland sections of the CAO with the Planning Commission in a publicly noticed meeting on May 7, 2025; and WHEREAS, Jefferson County Staff discussed the Fish and Wildlife Habitat Conservation Areas Technical Memo, agriculture section and wetland buffer reductions with the Planning Commission in a publicly noticed meeting on May 21, 2025; and WHEREAS, Jefferson County Staff provided the Planning Commission a clean version of the revised Fish and Wildlife Habitat Conservation Areas and Wetland sections of the CAO on June 18, 2025; and WHEREAS, Jefferson County Staff discussed the latest changes of the Geotechnically Hazardous Areas, Fish and Wildlife Habitat Conservation Areas Technical Memo and Wetlands sections with the Planning Commission in a publicly noticed meeting on August 6, 2025; and WHEREAS, Jefferson County Staff provided the Planning Commission a copy of the revised CAO and discussed the revised definitions in a publicly noticed meeting on November 19, 2025; and WHEREAS, Jefferson County Staff provided an overview of revisions to Geologically Hazardous Areas and proposed buffer averaging and reduction processes for FWHCA and wetlands, and discussed the variance and reasonable use exception sections to the Planning Commission in a publicly noticed meeting on December 3, 2025; and WHEREAS, the CAO is supported by a record of best available science; and 3 WHEREAS, on December 17, 2025, the Planning Commission has reviewed the draft CAO prepared by Jefferson County Staff recommendations and held a duly noticed public hearing to receive testimony on the proposed amendments to the CAO; and, WHEREAS, on January 7, 2026, the Planning Commission deliberated on the testimony and record, and unanimously voted to recommend the proposed CAO as modified by it for BoCC consideration; and WHEREAS, on February 2, 2026, the BoCC held a workshop on the Planning Commission's recommendation, and the BoCC elected to hold its own public hearing on the proposed amendments to the relevant sections of the Jefferson County Code; and WHEREAS, the BoCC, after timely notice, held a public hearing on March 9, 2026, and hear public testimony; and WHEREAS, the BoCC deliberated over the proposed CAO, providing substantive feedback, which resulted in changes to the CAO which are consistent with the GMA, the State Environmental Policy Act (“SEPA”) review, Resolution 17-10 (Regulatory Reform), and the best available science record; and WHEREAS, the entire package of regulations adopted by the BoCC, including the replacement chapter 18.22 JCC reflected in Appendix A, the redline version as shown in Appendix B; the amendments to chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned Resort) in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to 18.30 (Development Standards) in Appendix E, the amendments to chapter 18.40 JCC (Permit Application and Review Procedures/SEPA Implementation) in Appendix F, and the amendments to chapter 18.42 JCC (Personal Wireless Service Facilities) in Appendix G are attached to this Ordinance; WHEREAS, the BoCC finds that the periodic review and update of the CAO and the replacement of chapter 18.22 reflected in Appendices A and B, the amendments to chapter 17.05 JCC in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to 18.30 in Appendix E, the amendments to chapter 18.40 JCC in Appendix F, and the amendments to chapter 18.42 JCC in Appendix G serve to benefit the health, welfare, safety, and lifestyle of the residents of Jefferson County; and WHEREAS, the BoCC finds that the periodic review and update of the CAO and the amendments to chapters 17.05, 18.10, 18.22, 18.30, 18.40, and 18.42 JCC reflected in the Appendices A, B, C, D, E, F, and G are consistent with county-wide planning policies and consistent with the comprehensive plans of other counties and cities with which Jefferson County has common border or regional issues; and WHEREAS, the BoCC finds that the periodic review and update of the CAO in chapter 18.22 JCC and the amendments to chapters 17.05, 18.10, 18.22, 18.30, 18.40, and 18.42 JCC satisfy GMA and JCC requirements for a periodic review and update; and, WHEREAS, the BoCC has fulfilled the requirement that it must evaluate the CAO periodic review and update it using the criteria set forth in JCC 18.45.080(2)(c); and, 4 WHEREAS, the BoCC makes the following additional findings, based on the full and complete record, pursuant to each requirement in JCC 18.45.080(2)(c) (repeated in italics below): i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The circumstances underlying the recommended code amendments have not substantially changed since adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's periodic review and update was completed in December 2018 and is currently undergoing the required periodic review process, with final legislative adoption anticipated in 2026. This proposal aligns the CAO development regulations with the County’s Comprehensive Plan. ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available, which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan? The assumptions underlying the Jefferson County Comprehensive Plan remain sound. Feedback and information gathered through the public process have further shaped this proposal. The 2025 CAO update prioritizes improving readability and usability, eliminating confusing or redundant provisions, reducing subjectivity in regulatory language, and clarifying and refining key terms. The CAO establishes development regulations that protect the functions and values of critical areas in unincorporated Jefferson County while safeguarding public health, safety, and general welfare. iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? The proposal reflects currently widely held values. The proposed CAO meets requirements of the Comprehensive Plan, representing residents’ input. The proposed CAO is consistent with the 2018 Comprehensive Plan. Note that the following Framework Goal: Framework Goal VI Environmental Conservation (Foster environmental stewardship, preserve clean air and water, and protect fish and wildlife habitat. Anticipate and respond to climate change with mitigation and adaptation strategies) remains valid and was not proposed for change during the 2025 Periodic Review process. Testimony received during the public hearing and comment period confirms that the proposal aligns with these widely held values. iv) Is growth and development as envisioned in the 2025 Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? Growth in Jefferson County has occurred at a slower pace than projected in the 2018 forecasts. The slower growth rate is being addressed in the 2025 periodic review. v) Has the capacity of the county to provide adequate services diminished or increased? The capacity of the County to provide adequate services has not diminished or increased relating to this proposal. 5 vi) Is there sufficient urban land, as designated and zoned to meet projected demand and need? There is sufficient urban land as designated and zoned to meet projected demand and need. vii) Are any of these assumptions under which the plan is based no longer found to be valid? All assumptions in the Comprehensive Plan are still valid. viii) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The county-wide attitudes remain strongly aligned with those embodied in the Comprehensive Plan Vision Statement. The proposal does not necessitate amendments to the goals or basic values embodied within the Comprehensive Plan Vision State and the proposal brings the development regulations into better conformance with the Comprehensive Plan. ix) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The circumstances related to the proposal and affected areas have not substantially changed since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's periodic review and update is currently underway, and the proposed CAO development regulations align with the Comprehensive Plan. x) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and countywide planning policies for Jefferson County? There are no inconsistencies between the Comprehensive Plan, GMA, and Countywide Planning Policies for Jefferson County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON, AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County BoCC hereby adopts the above “Whereas” clauses as Findings of Fact. Section 2. Purpose. The purpose of this ordinance is to repeal and replace No. 05-0310-20, as currently codified in chapter 18.22 JCC, and replace this chapter with the CAO as reflected in Appendices A and B. This updated CAO incorporates best available science and is consistent with the Comprehensive Plan for Jefferson County. The repealing of the chapter 18.22 JCC and the ordinances adopting and amending the Critical Areas Ordinance does not repeal or affect any vested rights established by the ordinance. 6 Section 3. Adoption of Amendment to Chapters 17.05, 18.10, 18.30, 18.40, and 18.42 JCC. These chapters are hereby amended as presented in Appendices C, D, E, F. and G. Section 4. Best Available Science. All references listed in Appendix H are incorporated to the County’s 2008, 2009 and 2020 Record of Best Available Science, and are considered the review of scientific literature that was submitted, considered, and evaluated by citizens, agencies, tribes, the Planning Commission, Department of Community Development, and the Board of County Commissioners. This literature is referred to as the best available science. The best available science was included in the citizen, Planning Commission, and Board of County Commissioner review. Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. SEPA Compliance. The county, acting as lead agency, published a SEPA Checklist and Determination of Non-Significance (DNS) on November 26, 2025. For the DNS, in accordance with Part 6 of chapter 197-11 WAC, the SEPA responsible official relied upon the following existing environmental documents: Year State Environmental Policy Act Document Description 1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998, respectively, and examined the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan. 6/30/1999 8/18/1999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments Task III of Tri-Area/Glen Cove Special Study) Final Supplemental Environmental Impact Statement. Jefferson County Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study Task IV. 6/11/2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision Document, June 11, 2001. 2002 Integrated Growth Management Act/State Environmental Policy Act Document Environmental Review of a Non-Project Action: Draft Supplemental EIS August 21, 2002, to Supplement the Comprehensive Plan Draft and Final EIS 1997) and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November 25, 2002 Integrated FSEIS 2002 Amendment Docket. This FSEIS was appealed before the Western Washington Growth Management Hearings Board (WWGMHB) of which the WWGMHB issued a Final Decision and Order (FDO) and remanded it back to the Department for additional 7 environmental review. The county hired Wheeler Consulting, to prepare additional environmental review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on March 3, 2004. A FSEIS to the 2002 CPA SEIS was issued on May 12, 2004 as part of the review and in consideration of MLA02-00235. 2003 Staff Recommendation and Environmental Analysis with Regard to the Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003 SEPA Addendum for Suggested Amendments. 2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to the Comprehensive Plan issued May 19, 2004. 2004 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. 2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporated by reference: 1998 DEIS/FEIS and 2004 Addendum. 2006 Integrated GMA/SEPA Addendum Staff Rpt., July 19, 2006. 2007 SEPA Addendum, adopting by reference 2004 Staff Report and SEPA Addendum for UGA Amendments to the Comprehensive Plan issued May 19, 2004 and 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. 2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted by reference: 1998 DEIS/FEIS, and environmental documents from 2004, 2005, 2006, and 2007 environmental review. 2009 Port Hadlock UGA Sewer Facility Plan (2008) (“Sewer Plan”) incorporated into the County’s Comprehensive Plan Capital Facilities Element (“CFE”) to comply with the Growth Board’s decision finding noncompliance with the County’s Urban Growth Area (“UGA”) and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024, UGA Final Compliance Action). 2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005, 2006, 2007, 2008, “and all supplementary information…supporting record, analyses, materials.” 2010 Integrated GMA/SEPA Addendum Staff Report, September 2010. 8 2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted by reference all previous SEPA documents. 2015 Staff Report & SEPA Environmental Review, Proposal to Amend Unified Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated Growth Management Act/State Environmental Policy Act Analysis, Environmental Review of a Non-Project Action. 2018 Jefferson County Comprehensive Plan Update 2018 SEPA Addendum to 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements and subsequent Supplemental EISs and Addenda. April 4, 2018. 2021 SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting SEPA Environmental Checklists provide additional information relating to the Jefferson County Final Environmental Impact Statement (“Final EIS”), May 27, 1998 and associated SEPA documents. These SEPA documents were adopted and the additional information was determined not to involve significant new impacts. A Determination of Significance and Notice of Adoption was published on February 28, 2021. 2021 Port Hadlock UGA Sewer Facility Plan Update and Appendices (Feb. 2021). The revisions to the Sewer Plan mostly related to funding, engineering specifications (low pressure system with grinders), and minor modifications to the core service area. The revisions allowed the County to implement sewering the core service area within six years. A Comprehensive Plan Amendment MLA20-00102) was adopted for the updated Sewer Plan in Ordinance No. 01- 0426-21, when the 2020 Comprehensive Plan Docket was approved. Ordinance No. 01-0426-21 included a SEPA review through a staff issued Addendum to the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements (“EIS”) and subsequent Supplement EISs, and a SEPA Checklist and Addendum that addressed the 2020 Docket items, including the proposed revisions to the Comprehensive Plan. 2022 Staff Report & SEPA Environmental Review to establish regulations for the siting, establishment, and operation of temporary housing facilities for unhoused people needing emergency housing services. Proposal to Amend Unified Development Code chapter 18.20 JCC Performance & Use-Specific Standards, chapter 18.10 JCC Definitions. Integrated Growth Management Act/State Environmental Policy Act Addendum. April 20, 2022. 2022 Staff Report & Environmental Review, Proposal to Amend Unified Development Code (UDC) Jefferson County Code (JCC) 18.12: ‘Legal Lot of Record Determination and Lot Consolidation’ and Amendments to chapters 18.10 and 18.35 JCC. Integrated Growth Management Act (GMA)/State Environmental Policy Act (SEPA) Addendum. August 24, 2022. 2023 2023 Comprehensive Plan Amendment Docket, Staff Report and SEPA 9 An agency may use previously prepared environmental documents to evaluate proposed actions, alternatives, or environmental impacts. The proposals may be the same as or different than those analyzed in the existing documents (WAC 197-11-600(2)). This ordinance is within the scope of the previously prepared environmental documents. Section 7. Effective Date. The ordinance becomes effective upon adoption by the BoCC. SIGNATURES FOLLOW ON THE NEXT PAGE) Addendum. Integrated Growth Management Act and State Environmental Policy Act Document, Environmental Review of a Non-Project Action: Addendum to Existing Environmental Documents. October 11, 2023. 2024 2024 Comprehensive Plan Amendment Docket, Combined Staff Report and SEPA Addendum, an integrated Growth Management Act and State Environmental Policy Act (SEPA) Document (September 4, 2024). 10 ADOPTED and APPROVED this _____ day of __________, 2026. SEAL: ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Heidi Eisenhour, Member Heather Dudley-Nollette, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney APPENDIX A Chapter 18.22 CRITICAL AREAS Clean Version of JCC 18.22 Appendix A - 1 Chapter 18.22 CRITICAL AREAS Sections: Article I. Authority, Purpose, and Intent 18.22.100 Authority. 18.22.110 Purpose. 18.22.120 Liberal construction. Article II. Administrative Requirements 18.22.200 Applicability, conflicts with other provision of this code and requests. 18.22.210 Identification and mapping of critical areas. 18.22.220 Critical area review process. 18.22.230 Exemptions from all types of critical requirements. 18.22.240 Nonconforming uses and structures. 18.22.250 Buffer variance types and criteria. 18.22.260 Reasonable economic use exceptions. 18.22.270 Buffers physical separated and functionally isolated. 18.22.280 Adaptive management. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. 18.22.310 Classification and designation. 18.22.320 Applicability. 18.22.330 Protection standards. Article IV. Frequently Flooded Areas 18.22.400 Purpose. 18.22.410 Classification and designation. 18.22.420 Applicability. 18.22.430 Protection standards – Incorporation by reference of chapter 15.15 JCC and additional requirements. Article V. Geologically Hazardous Areas 18.22.500 Purpose. 18.22.510 Classification and designation. 18.22.520 Regulated activities. 18.22.530 Protection standards. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.600 Purpose. 18.22.610 Classification and designation. 18.22.620 Applicability. 18.22.630 Protection standards. 18.22.640 Impact assessment and mitigation. Article VII. Wetlands 18.22.700 Purpose. 18.22.710 Classification and designation. Appendix A - 2 18.22.720 Applicability. 18.22.730 Protection standards. 18.22.740 Impact assessment and mitigation. Article VIII. Agriculture 18.22.800 Purpose and intent. 18.22.810 Resource concerns. 18.22.820 Applicability and classification. 18.22.830 Protection standards. 18.22.840 Monitoring and adaptive management. 18.22.850 Compliance. 18.22.860 Limited public disclosure. Article IX. Special Reports 18.22.900 Purpose. 18.22.905 General requirements. 18.22.910 Waivers. 18.22.915 Retaining consultants. 18.22.920 Acceptance of special reports. 18.22.930 Critical aquifer recharge area reports. 18.22.940 Frequently flooded area reports. 18.22.945 Geologically hazardous area reports. 18.22.950 Habitat management reports. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 18.22.960 Wetland reports. 18.22.965 Critical area stewardship plans. Article I. Authority, Purpose, and Intent 18.22.100 Authority. This chapter is adopted under the authority of Article XI, section 11 of the Washington State Constitution, chapter 36.70A RCW, the Growth Management Act, which requires a county to enact a critical area ordinance and provide for its administration, enforcement and amendment. 18.22.110 Purpose. The purpose of this chapter is to adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170, part of the Growth Management Act (chapter 36.70A RCW), including the requirement to follow best available science. 18.22.120 Liberal construction. This chapter and all proceedings under it shall be liberally construed with a view to affect its purpose and intent. Article II. Administrative Requirements 18.22.200 Applicability, conflicts with other provision of this code and requests. 1) This chapter applies to any development, land disturbing activity, or use located within or containing a critical area or its associated buffer in unincorporated Jefferson County. 2) Jefferson County shall not issue any permit or other approval to alter a critical area or its associated buffer without compliance with all of the requirements of this chapter. 3) Land disturbing activity, development, or use located within or containing a critical area or its associated buffer is prohibited without full compliance with all of the requirements of this chapter. 4) Land disturbing activities in critical areas or their associated buffers are prohibited without first obtaining all applicable permits. Appendix A - 3 5) When one type of critical area or its associated buffer adjoins or overlaps another type of critical area or its associated buffer, the wider and more protective standards shall apply. 6) When any provision of this chapter is in conflict with any other section of the Code, the provision of the Code that provides most protection to the critical areas shall apply . 7) Any critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the requirements in chapter 18.25 JCC. 8) Compliance with this chapter shall not constitute a defense for failing to comply with any other applicable federal, state, or local regulations. 9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (chapter 43.21C RCW), as locally adopted in chapter 18.40 JCC. Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination. 10) This chapter applies to every forest practice over which Jefferson County has jurisdiction under chapter 76.09 RCW and title 222 WAC, which entails conversion of lands to non-forestry use pursuant to JCC 18.20.160. 18.22.210 Identification and mapping of critical areas. 1) The approximate location and extent of critical areas within the county are displayed on various inventory maps available on the Jefferson County geographic information system (GIS) web site. Critical areas maps shall be periodically revised, modified, and updated to reflect current information. 2) The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. Critical areas maps shall not be relied upon exclusively to establish the existence, or absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist. 3) The type, extent and boundaries may be approved by the administrator based on county records, field data, or presented in Special Reports that meet all the requirements of Article IX of this chapter for a type of critical area. In the event of a conflict between a critical area location shown on the county’s maps and that of the administrator determination, the administrator’s determination shall prevail. 4) To the extent practicable, the county shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act (chapter 36.70A RCW). 18.22.220 Critical area review process. 1) A Site Development Review outlined in JCC 18.40.420 to 480 is required for all permits for development, land disturbing activity or use. If the development, land disturbing activity or use entails complex issues that require additional input from DCD, the applicant may request an optional pre-application conference per JCC 18.40.090. The purpose of a pre-application conference is to discuss shoreline and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. A pre-application conference shall be for the convenience of the applicant, and may be conducted on-site, if agreed upon by the applicant and DCD. Any recommendations from the pre-application conference shall not be binding on the applicant or the county. 2) DCD shall perform a critical area review for any development application. Reviews for multiple critical areas shall occur concurrently. For a critical area within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process. 3) To provide a timely and coordinated review process, to the extent reasonably possible, DCD shall consolidate the processing of permits issued by county departments that affect critical areas with the other development permits, as allowed in optional consolidated permit processing outlined in JCC 18.40.030(2). 4) DCD shall review all applications for development, land disturbing activity or use submitted to: a) Confirm the nature and type of the critical area; Appendix A - 4 b) Evaluate any required assessments, reports, or studies; c) Determine whether the development application is consistent with this chapter; d) Determine whether any additional information is needed to process the development application; and e) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the critical area and associated buffer as well as public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter. 5) If a proposed development, land disturbing activity or use has the potential to impact a critical area or its associated buffer, the administrator may require a special report to ensure the protection requirements of this chapter are met. Critical area special reports are subject to all of the following requirements: a) The applicant shall submit a special report when required by this chapter; b) The report shall be evaluated by DCD to determine if all potential impacts to the critical area or its associated buffer have been addressed in the special report; c) DCD shall review the impacts of the proposed development for compliance with mitigation requirements as defined in JCC 18.10.130) to determine if the mitigation plan sufficiently addresses the potential impacts; and d) Ensure that the submittal for critical area is consistent with other documentation submitted as part of the development application and meet the requirements for a complete application in chapter 18.40 JCC. 6) At every stage of the application process, the burden of demonstrating that a development is consistent with this chapter is upon the applicant. 7) Compliance with this chapter and permit conditions shall be required by any permit issued by DCD. A final building certificate of occupancy shall not be issued until the mitigation proposal has been implemented per the approved mitigation plan and building permit conditions. Other development and stand-alone critical area review shall be required to ensure the mitigation proposal was properly implemented and all permit conditions pertaining to critical areas and buffers have been followed prior to any land use disturbance or use of the property. All approved stand-alone critical areas review shall be completed to satisfy the requirements of this chapter. 18.22.230 Exemptions from all types of critical area requirements. 1) Requirement for frequently flooded areas. Any development, land disturbing activity, or use proposed within frequently flooded areas (i.e., 100-year floodplains or floodway) shall also require a flood permit application to be submitted to DCD. This requirement applies to the proposed exemptions listed in subsection (3) of this section. 2) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in subsection (3) of this section applies. 3) The following activities in a critical area or its associated buffer are exempt when in compliance with all of the requirements in this section, including those additional requirements in this subsection: a) Agricultural activities. Existing agricultural activities, as defined in JCC 18.10.010, may continue in substantively the same manner; provided, the agricultural activities do not result in additional adverse impacts to a critical area or its associated buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area. b) Forest practice activities. Classes I, II, III, and IV special (not Class IV general conversions or conversion option harvest plans) in accordance with the provisions of chapter 76.09 RCW and title 222 WAC are exempt, except where the lands have been or are proposed to be converted to a use other than commercial forest product production. Appendix A - 5 c) Transportation activities maintenance or reconstruction. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges are exempt. d) On-Site sewage system activities. Maintenance or reconstruction of on-site sewage systems are exempt. The expansion or reconstruction of an on-site sewage system shall not further encroach upon a shoreline and critical area and their associated buffers without obtaining written authorization or a permit from DCD. e) Drainage facilities or flood control structure maintenance or repair activities. Maintenance or repair of existing drainage facilities or systems, and flood control structures are exempt. This includes, but is not limited to, ditches (that do not meet the criteria for being designated FWHCAs or wetlands), culverts, catch basins, levees, reservoirs, and outfalls. f) Utility activities. The utility activities listed below are exempt: i) Normal and routine maintenance or repair of existing utility facilities; or ii) With the exception of installation of a new substation, installation, construction, relocation and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, in improved road rights-of-way or easement. g) Reconstruction, remodeling, or maintenance of structures activities. Reconstruction, remodeling, or maintenance of structures activities are exempt, provided: i) Reconstruction, remodeling, or maintenance of existing structures shall be within the footprint of an existing lawfully established structure; and ii) Work areas shall be minimized to the fullest extent possible, restored to previous conditions as soon as construction is complete, and staging areas are located outside of critical areas and their associated buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage likely is due to conditions of the critical area. h) Site investigative activities. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or FWHCAs, or their associated buffers that is necessary for development application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and excavation for soil logs or percolation tests. Site investigative activities that involve excavated areas are required to be filled unless waived in writing by the administrator. i) Emergency activities. Activities necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation are exempt; provided: i) The nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter; ii) DCD, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife, Washington State Department of Ecology, etc.), have been notified of the emergency action within one working day of the initiation of the emergency action; iii) Any person undertaking emergency action using this exemption shall submit a complete application to DCD for review and approval within 30 days of abatement of the emergency, and the “after-the-fact” application must show compliance with all requirements of this chapter; and iv) Any impacts to critical areas or their associated buffers from the emergency activities that are not mitigated within one year of issuance of an “after-the-fact” permit shall be in violation of this exemption and subject to enforcement under title 19 JCC. Appendix A - 6 j) Artificial wetlands and artificial ponds. Artificial wetlands and artificial ponds activities (including maintenance) are exempt if all of the following requirements are met: i) The artificial wetland or pond does not meet the definition of wetland or FWHCA; and ii) The artificial wetland or pond was not historically constructed from a wetland or FWHCA or was legally constructed from a wetland or a FWHCA by receiving all applicable permits to modify the critical area. k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated FWHCAs or wetlands are exempt. l) Recreational uses without any adverse impact to a critical area. Recreational uses that do not cause any adverse impacts to a critical area or its associated buffer are exempt. Examples include, but are not limited to, such recreational uses as swimming, canoeing, kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling. However, this exemption shall not apply to recreational uses that meet the definition of development. m) Existing residential landscaping (typically non-native vegetation), including planting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures are exempt; provided, these activities are part of existing normal residential landscaping activities and no building permit is required. This exemption does not allow any additional intrusion, expansion, or introduction of nonnative species into a critical area or its associated buffer. n) Noxious weed control. Removal or eradication of noxious weeds listed in chapter 16-750 WAC; provided, that all of the following conditions are met: i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County Noxious Weed Control Board, or other agencies with jurisdiction; ii) The Jefferson County Noxious Weed Control Board, or other agencies with jurisdiction shall coordinate with DCD for the control of noxious weeds in critical areas or their associated buffers; and ii) The application of all herbicide in aquatic environments shall conform to the rules of the Washington State Department of Ecology, Washington State Department of Agriculture and Washington State Department of Natural Resources, pursuant to chapters 16-228, 173-201a, and 222-38 WAC. o) Harvesting of wild crops. Harvesting wild crops as defined in 7 C.F.R § 205.2 is exempt; provided, that the harvesting: i) Is not injurious to natural reproduction of such crops; ii) Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and iii) Does not have any adverse impacts on protection of the critical area or its associated buffer. p) Native vegetation enhancement. The enhancement of a critical area or its associated buffer by the removal of invasive plants by handheld machinery, or the planting of native vegetation is exempt. Invasive plants include those listed by the Jefferson County Noxious Weed Board or as listed in the Washington State University Extension invasive forest weed resources. Examples of invasive species include, but not limited to Butterfly bush, English holly, English ivy, Herb robert, Himalayan blackberry, Tansy ragwort, Shiny geranium, or as determined by a qualified agency with jurisdiction, and approved by the administrator. q) Pruning and tree removal within FWHCAs, wetlands and moderate or high landslide hazard areas may occur if ecological functions and values are not impacted, complies with this standard, complies with the provisions of this title, or is authorized by DCD, pursuant to the following criteria: Appendix A - 7 i) Pruning. Minor pruning of trees that does not exceed 25% of the live crown, and does not include the topping of trees does not require approval from DCD. Pruning of trees that exceeds this standard may require a tree removal permit or an arborist report submitted to DCD for review and approval. ii) Tree removal: DCD may require for all tree removal within FWHCAs, wetlands, and moderate or high landslide hazard areas and their associated buffers one or more of the following: A) A tree removal permit for the removal of trees over 6-inch in diameter or removal of over 50% of the live crown; B) A special report from a certified arborist to determine if the tree is dead, diseased or a threat to habitable or accessory structures, or where people congregate; C) A habitat management plan or a mitigation plan; D) If tree removal is proposed in a moderate or high landslide hazard area, DCD may require a geotechnical report if tree removal could destabilize the slope; E) For tree removal in shoreline jurisdiction, see also JCC 18.25.310(2)(c)(i)&(ii) and JCC 18.25.310(2)(d)(iii)(iv)&(vii). r) New trails. The construction of a three-foot wide, unpaved, nonmotorized trails. This exemption shall not apply to shoreline jurisdiction, or within a frequently flooded area. s) Beaver dam alterations with a hydraulic project approval. Beaver dam alteration in stream channels when undertaken with a hydraulic project approval issued by the Washington State Department of Fish and Wildlife pursuant to chapter 77.55 RCW and chapter 220-660 WAC are exempt. 4) Application for exemption. An application for an exemption shall contain all of the following: a) Prior to the start of a development, land disturbing activity or use for which an exemption is sought, the applicant shall submit to DCD a written description of the development, land disturbing activity or use that includes all of the following information: i) Type, timing, frequency, and sequence of the development, land disturbing activity or use to be conducted; ii) Type of equipment to be used (hand or mechanical); iii) What activity the equipment will be used to perform iv) How the development, land disturbing activity or use avoids further alterations, impacts or encroachment upon the critical area and its associated buffer; v) Measures to be implemented to avoid impacts to a critical area and its associated buffer functions; vi) Why no other responsible or practical alternative exists to achieve the applicant’s desired objective; and vii) The best management practices to be used. 5) Five-year length of an approved application for an exemption. An approved application for an exemption shall be valid for five years; provided, there is no significant change in the type or extent of the development, land disturbing activity or use. Once the development or use is completed, it can be continued. However, any other development, land disturbing activity or use shall require additional review by DCD. 6) Limitations on exemptions. All exemptions are subject to all of the following limitations:. Appendix A - 8 a) The development, land use activity or use shall not alter, impact, or encroach upon critical areas or their associated buffers and no reasonable or practicable alternative exists; b) The development, land use activity or use shall not affect the functions of a critical area or its associated buffer, and no reasonable or practicable alternative exists to achieve the applicant’s desired objective; c) Best management practices shall be implemented to minimize impacts to critical areas and their associated buffers during the activity; d) Disturbed critical areas and their associated buffers shall be restored immediately after the activity is complete; and f) Any impacts of the development, land disturbing activity or use to a critical area or its associated buffer shall be mitigated, as approved by the administrator. 7) Authority of the administrator. The administrator may: a) Request additional information from an applicant to ensure compliance with exemption requirements, including special reports listed in Article IX of this chapter; b) Determine whether an application meets all the criteria for exemptions; (c) Determine that the development, land disturbing activity, or use is closely allied or similar to any activity in the list in subsection (3) of this section, provided the activity does not impact the functions and values of any critical area or its associated buffer; and d) Take enforcement action under title 19 JCC for any development, land disturbing activity, or use located within or containing a critical area or its associated buffer that does not meet exemption requirements. The decisions in subsections (a), (b) and (c) of this subsection are Type I land use decisions under JCC 18.40.040. 18.22.240 Nonconforming uses and structures. 1) Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or its associated buffer shall be considered a legal nonconforming use. 2) Applicant who prove to the satisfaction of the administrator that the use or structure was legal prior to the effective date of this chapter may continue. 3) A legal nonconforming use or structure may be maintained or repaired or repaired as allowed by this chapter. This may include meeting the provisions of JCC 18.20.260. 4) A legal nonconforming use or structure that has been damaged or destroyed may be restored to a lawfully established prior condition and the immediately previous use may be resumed in accordance with nonconforming provisions of JCC 18.20.260. 5) Nonconforming uses and structures in a critical area or its associated buffer that are under the jurisdiction of the Shoreline Management Act shall follow JCC 18.25.660 (Nonconforming development). 18.22.250 Buffer variance types and criteria. 1) Application for a variance shall be made on forms approved by the administrator and shall contain all of the information required in JCC 18.40.100 and in this subsection: a) All applications for a variance shall include a restoration plan, habitat management plan or mitigation plan consistent with the provisions of Article IX (Special Reports) of this chapter. The application for a variance shall be processed pursuant to chapter 18.40 JCC (Application and review procedures). b) Applications for a variance under this section may be pursued only if buffer averaging is not feasible. Buffer averaging is not considered a variance. Appendix A - 9 c) Applications for a Type I Variance or a Type III Variance shall satisfy all of the requirements in subsection 2) of this section. 2) Variance criteria. Prior to the granting of a variance, the applicant shall demonstrate that all of the following criteria have been met: a) Failure to grant the variance would result in an extraordinary hardship to the applicant; b) The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant’s own action; c) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists; d) The granting the variance shall not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvements in the vicinity; e) The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, chapter 18.45 JCC, Land Use Districts, chapter 18.15 JCC, Jefferson County Shoreline Master Program (SMP), chapter 18.25 JCC, or other applicable provisions of the Code; f) The granting of the variance shall not materially compromise the goals and policies of the Comprehensive plan, the Code or be inconsistent with title 18 JCC. Proposal that does not meet the variance criteria may submit a reasonable use exception or a critical area stewardship plan (CASP). 18.22.260 Reasonable use exceptions. If a proposal exceeds the FWHCA or wetland thresholds for a variance, the application of this chapter would deny all reasonable use of the property, or would otherwise constitute a taking under either the state or federal constitution, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a reasonable use exception as provided for in this chapter. Any reasonable use authorized under this section shall also be an allowed or conditional land use specified by chapter 18.15 Land Use Districts. For a reasonable use exception to be granted, the following criteria shall be met: 1) An application for a critical area reasonable use exception shall be filed with the administrator and shall be considered by the Hearing Examiner as a Type III land use permit pursuant to chapter 18.40 JCC. The applicant may apply for a reasonable use exception without first applying for a variance if the requested exception would provide relief from standards for which a variance cannot be granted under this chapter (i.e. exceeds the maximum reduction permitted in each of the critical area protection standards). The property owner and applicant for a reasonable use exception have the burden of proving that the property is deprived of all reasonable uses. 2) Even though a variance application is not required, a reasonable use exception is a type of variance and shall meet the variance criteria found in JCC 18.22.250 to the maximum extent possible. In addition, approval of a reasonable use exception requires consistency with all of the following criteria listed in subsection (a) through (f) of this section. Demonstration of consistency is burdened upon the applicant. a) The applicant shall submit reports documenting the location of all the critical areas and their associated buffers. This information shall be identified on a site map to scale; b) Application of this chapter would deny all reasonable use of the property; c) There is no other reasonable or practicable use of the property; d) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; Appendix A - 10 e) The proposed development is consistent with the general purposes of this chapter and the public interest, and does not conflict with applicable state and federal laws; and f) The proposed alterations to regulated critical areas and their associated buffers are the minimum necessary to allow for reasonable use of the property. 3) Any authorized alteration of a critical area under this section may be subject to additional conditions established by the administrator and may require mitigation under an approved mitigation plan pursuant to Article IX (Special Reports). 18.22.270 Buffers physically separated and functionally isolated. 1) Critical areas buffers that are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from critical areas requirements of this chapter. Physically separated and functional isolation can occur due to anthropogenic physical conditions such as an existing impervious public road, or structures of sufficient size to eliminate buffer functions, vertical separating, or any other relevant physical characteristic. The administrator shall evaluate whether the interruption affects the entirety of the buffer. Individual structures that do not fully interrupt ecological functions and values or protective measures provided by the buffer functions shall be limited in scope to just the portion of the buffer that is affected. 2) Functional isolation shall be limited to landslide hazard, wetland and FWHCA and their associated buffers only. 3) Special report may be required. The administrator may require a special report to determine whether a critical area and its associated buffer is functionally isolated. 18.22.280 Adaptive management. Adaptive management is an ongoing process of assessing critical area policies, regulations, and procedures; and this process is intended to identify ways of improving critical area policies, regulations, and procedures; and this process is intended to identify ways of improving critical area protection. Monitoring of process improvements leads to a feedback loop that can be used to continuously make improvements. Monitoring includes assessing if permits followed all applicable regulations, if regulations are implemented consistently over time, and if regulations are effectively resulting in no let loss of critical area functions. The county looks to improve processes, and as funding and staff allow, are interested in evaluating regulatory and nonregulatory actions affecting critical area protections. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing contamination from land uses that may contaminate groundwater is necessary to protect water supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential natural functions and processes, especially for maintaining FWHCA. 18.22.310 Classification and designation. Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C definitions. The following classifications define critical aquifer recharge areas: 1) Susceptible aquifer recharge areas. Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of a Hydrogeologic or a critical aquifer recharge area special report authorized under this article, the following geologic units, as identified from available Washington State Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County: a) Alluvial fans (Ha); b) Artificial fill (Hx); Appendix A - 11 c) Beach sand and gravel (Hb); d) Dune sand (Hd); e) Floodplain alluvium (Hf); f) Vashon recessional outwash in deltas and alluvial fans (Vrd); g) Vashon recessional outwash in melt water channels (Vro); h) Vashon ice contact stratified drift (Vi); i) Vashon ablation till (Vat); j) Vashon advance outwash (Vao); k) Whidbey formation (Pw); and l) Pre-Vashon stratified drift (Py). 2) Special aquifer recharge protection areas. Special aquifer recharge protection areas include: a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as Marrowstone Island; b) Special protection areas designated by the Washington State Department of Ecology under chapter 173-200 WAC; c) Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington State Department of Health under authority of chapter 246-290 WAC; d) Groundwater management areas designated by the Washington State Department of Ecology in cooperation with local government under chapter 173-100 WAC. 3) Seawater intrusion protection zones (SIPZ). a) Seawater intrusion protection zones are: i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings. ii) All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ. b) High risk SIPZ. i) Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code. ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development proposed under this code. c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code. 4) Connate seawater exception. In some cases, high chloride readings may be indicative of connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic Appendix A - 12 evaluation demonstrates that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ. 5) Recommendation from the Jefferson County Public Health Department. When the status of an area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County Public Health Department. 18.22.320 Applicability. This article applies to any development, land disturbing activity or use within critical aquifer recharge areas, unless the proposed activity meets any of the exemptions listed in JCC 18.22.230 General exemptions. 18.22.330 Protection standards. 1) General. The following protection standards shall apply to all development, land disturbing activities or uses within a CARA that have the potential to impact aquifers. These areas include geologic and hydrologic conditions that promote rapid infiltration or recharge waters to groundwater aquifers, which are vulnerable to contaminations. CARA are areas with a critical recharging effect on aquifers used for potable water. These include special aquifer recharge protection areas for protection of sole source of drinking water as designated by the federal or the state of Washington. 2) High impact uses. The uses listed below are considered high impact uses and shall be prohibited in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. When high impact uses are proposed in areas classified solely as a suspectable aquifer recharge area or a special aquifer recharge area, a CARA report or hydrogeologic report that meets all of the requirements of JCC 18.22.930 shall be submitted to DCD for review and approval. a) Chemical manufacturing and processing; b) Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240(2)(h)(iv) and JCC 18.30.170(1) and an accepted special report on the CARA or hydrogeologic report); c) Dry cleaners; d) Electrical battery processing, reprocessing, or storage; e) Electroplating and metal coating activities; f) Hazardous substance disposal, storage, and treatment facilities; g) Junk and salvage yards; h) Landfills; i) Petroleum product refinement and reprocessing; j) Pipelines; k) Radioactive disposal or processing of radioactive wastes; l) Recycling centers or recycling collection facilities as defined in JCC 18.10.180; m) Storage tanks (above or below ground) for hazardous substances or petroleum products; n) Tank farms; o) Waste piles as defined in WAC 173-303-660; and, Appendix A - 13 p) Wood and wood products treatment or preserving. 3) Other uses. The following uses, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article: a) All industrial and commercial uses with the potential to impact groundwater; b) All rural residential uses that meet one of the following; i) Uses with a locally managed community sewage system; ii) Uses with a large on-site sewage system meeting the management requirements of the Washington Department of Health; and, iii) All planned rural residential developments. 4) Seawater intrusion protection zones. New development, redevelopment, and new land disturbing activities on islands and in close proximity to marine shorelines where there is a risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater and freshwater balance to the maximum extent possible, and are subject to the antidegradation policy in accordance with WAC 173-200-030. 5) Stormwater disposal. a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge. b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline should be required to infiltrate all stormwater runoff on site, except if this would destabilize unstable slopes. The administrator will consider requests for exceptions to this policy on a case-by-case basis. The administrator may require a special report that indicates that infiltration of stormwater is unfeasible based on the hazards to slope stability that complies with all the requirements of JCC 18.22.930, and demonstrates the project does not pose a threat of seawater intruding landward into aquifers, or other information (like the use of wells in the areas, availability of public water systems, or proximity to marine waters) when making this determination. 6) On-site sewage disposal. All land uses identified in JCC 18.22.320 that are within areas classified as both a special aquifer recharge protection area and a susceptible aquifer recharge area shall be reviewed by Jefferson County Environmental Public Health Department to ensure the nitrogen requirements in title 8 JCC are met. 7) Golf courses and other turf cultivation. a) Golf courses shall be developed and operated in a manner consistent with the most current edition of “Best Management Practices for Golf Course Development and Operation,” King County Department of Development and Environmental Services. b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of cultivated turf shall be operated in a manner consistent with portions of the aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply. 8) Above-ground and underground storage tanks. a) Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent Appendix A - 14 with the Washington Department of Ecology’s standards for construction and installation under chapter 173- 360A WAC. b) Above-ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment system, enclosing and underlying the tank; and ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection. c) Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment system underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection. d) When required under this section, an impervious containment system must be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever is greater. 9) Mining and Quarrying. For mining and quarrying, required performance standards with groundwater protection best management practices pertaining to operation, closure, and the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where allowed, are contained in chapters 18.20 and 18.30 JCC. 10) Hazardous Substances. Activities that generate, handle, store, or use hazardous substances, which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington Department of Ecology under WAC 173-303-100 (Dangerous Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The hazardous substances management plan shall describe the following: a) How hazardous substance(s) shall be managed in a manner consistent with chapter 8.10 JCC and chapter 173-303 WAC; b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC 8.10.100; c) Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and d) The secondary containment system to be used to prevent releases of hazardous substances to the ground, groundwater, and surface water. The facility owner must update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated. 11) Well drilling, subdivisions, and building permits in SIPZ. a) Well drilling. The Washington State Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, shall be sited at least 100 feet from “known or potential sources of contamination,” which include “sea-salt water intrusion areas” (WAC 173-160-171), unless a variance is obtained from the Washington State Department of Ecology per WAC 173-160-106. b) Subdivisions. Applications for land division (chapter 18.35 JCC) in coastal, at risk, and high risk SIPZ shall include specific and conclusive proof of adequate supplies of potable water and the applicant must provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water shall not cause degradation of the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant demonstrates that public water is available for the entire project. c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, DCD, in consultation with Jefferson County environmental public health Appendix A - 15 department shall only allow land division on the island if public water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided. d) Building permits. i) Evidence of potable water may be an individual well, connection to a public water system, or an alternative system. Whatever method is selected, the regulatory and operational standards for that method shall be met and the department will work in consultation with the Jefferson County public health department. Identification of well interference problems and impairment to senior rights is the responsibility of the Washington Department of Ecology. If the possibility of a problem is suspected, the local permitting authority should contact the Washington Department of Ecology, as required by RCW 19.27.097. ii) All types of building permits that require proof of potable water use, as per RCW 19.27.097, are subject to this article. e) All of the following voluntary and mandatory measures for mitigating seawater intrusion apply to development are required within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in the following manner, in addition to all existing applicable health codes: i) Coastal SIPZ. A) Voluntary Actions. Voluntary actions may include but are not limited to: I) Water conservation measures; II) Ongoing well monitoring for chloride concentration; and III) Submittal of data to DCD. B) Mandatory actions. I) For proof of potable water on a building permit application, applicant shall utilize Washington State Department of Health-approved public water system if available; II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; and 2. Installation of source-totalizing meter (flow); III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. ii) At Risk SIPZ. A) Voluntary actions. I) Water conservation measures. B) Mandatory actions. I) For proof of potable water on a building permit application, the applicant shall utilize a Washington Department of Health-approved public water system if available; Appendix A - 16 II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; 2. Installation of a source-totalizing meter (flow); and III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. iii) High risk SIPZ. A) Mandatory actions. I) Water conservation measures; II) For proof of potable water on a building permit application, applicant shall utilize a Washington Department of Health-approved public water system if available; III) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may only be used as proof of potable water subject to the following requirements: 1. Variance from the title 173 WAC standards granted by the Washington State Department of Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b); 2. For an existing groundwater well not subject to a Washington State Department of Ecology variance, the applicant shall provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b), which shall be transmitted to the Washington State Department of Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest; 3. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; 4. If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations; 5. Installation of a source-totalizing meter flow; 6. Ongoing well monitoring for chloride concentration; and 7. Submittal of flow and chloride data to the county per monitoring program; and IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. Appendix A - 17 iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply shall be required for all lots in the project. 12) Mitigating conditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and to ensure that the subject land or water use action will not pose a risk of significant adverse groundwater quality impacts. The determination of significant adverse groundwater quality impacts will be based on the antidegradation policy included in chapter 173-200 WAC. 13) Quilcene-snow water resource inventory area (WRIA 17) in-stream flow rule. All applications required to provide proof of potable water or source water approval shall meet all county and state requirements, including WRIA 17 in-stream flow rule in chapter 173-517 WAC at the time of application. All applications involving water use shall be reviewed by the Jefferson County Public Health Department for compliance with county and state requirements. 14) Results of DCD’s review of a special report on a critical aquifer recharge area , a hydrogeologic evaluation or a hazardous substances management plan. The applicant shall submit a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances management plan to be reviewed by the County and DCD shall either: a) Accept the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and approve the application; or b) Reject the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and require revisions or additional information. 15) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts. Article IV. Frequently Flooded Areas 18.22.400 Purpose. The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to people, property, property, infrastructure, and federally-listed species and to ensure compliance with Federal Emergency Management Agency (FEMA) requirements. 18.22.410 Classification and designation. Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on the Federal Emergency Management Agency’s Flood Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. 18.22.420 Applicability. These standards apply to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in chapter 15.15 JCC. The flood damage prevention ordinance (chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-190-110(1)) through directly considering the effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. For purposes of this article, “development” is defined as any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics. Appendix A - 18 18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and additional requirements. This chapter incorporates by reference the classification, designation and protection provisions contained in the county flood damage prevention ordinance (chapter 15.15 JCC) with the following additions: 1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with FEMA regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage prevention ordinance (chapter 15.15 JCC). 2) Compliance with national marine fisheries service biological opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to federally listed fish and wildlife habitat as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS)). 3) Habitat assessment requirements. a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). b) The administrator may request federal assistance in reviewing the submitted habitat assessment. c) The administrator may waive the requirement to submit a habitat assessment only if: i) The entire proposal meets one of the exemptions listed in chapter 15.15 JCC; ii) The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act); iii) A habitat assessment previously has been prepared and the proposed project clearly fits within the nature and scope of that habitat assessment; or iv) If FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. Article V. Geologically Hazardous Areas 18.22.500 Purpose. The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. Since the elimination of all risk from geologic hazards is not feasible to achieve, the purpose of this article is to reduce the risk to acceptable levels. 18.22.510 Classification and designation. 1) Geologically hazardous areas have the same meaning as in JCC 18.10.070 G definitions. Unless specifically noted below, principal sources of geologically hazardous areas mapped information are the Washington Department of Natural Resources Geologic Hazard Maps (https://dnr.wa.gov/washington-geological-survey/geologic-hazards- and-environment/geologic-hazard-maps). 2) Geologically hazardous area classification and designation. The following classification and designation criteria are considered when classifying geologically hazardous areas: a) Erosion hazard areas (as defined in JCC 18.10.050). Appendix A - 19 b) Landslide hazard areas (as defined in JCC 18.10.120). Landslide hazard areas include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, as follows: i) Areas of historic failures, such as: A) Areas delineated by United States Department of Agriculture, Natural Resources Conservation Service as having a significant limitation for building site development; B) Coastal areas mapped by the Washington State Department of Ecology Coastal Atlas as unstable, unstable old slides, and unstable recent slides; or C) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or landslide hazards by the Washington State Department of Natural Resources or the United States Geological Survey. ii) Composite layer produced from the SCS Soils source coverage for soil types in Eastern Jefferson County, the Department of Ecology Coastal Zone Atlas of Jefferson County, and a review of topographic contours indicating steep slopes. This composite layer does not give detailed attributes, but it does give an attribute with a rating factor which is a weighted probable problem rating based on severity of slope. iii) Areas where all three of the following conditions occur: A) Slopes are steeper than 15 percent; B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and C) Spring or groundwater seepage. iv) Areas that have shown movement during the Holocene epoch (from 10,000 years ago to present) or have been underlain or covered by mass wastage debris of this epoch. v) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials. vi) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking. vii) Areas that are potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones. viii) Areas that show evidence of, or are at risk from, snow avalanches. ix) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding. x) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of bedrock. c) Seismic hazard areas (as defined in JCC 18.10.190). Seismic areas are areas subject to damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, and tsunamis (as defined JCC 18.10.200). Appendix A - 20 18.22.520 Applicability Any development, land disturbing activity or use within a geologically hazardous area or its associated buffer shall be subject to the provisions of this article, unless specially exempted in JCC 18.22.230. 18.22.530 Protection standards. Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. 1) General standards for erosion hazard and all landslide hazard (slight, moderate and high) a) Clearing, grading and vegetation removal. i) Within land slide hazard areas only minor pruning of vegetation for view enhancement may be allowed through consultation with DCD. The thinning of limbs on individual trees is preferred to topping of trees for view corridors. Total buffer thinning shall not exceed 25 percent of the live tree crowns shall be removed. ii) Vegetation shall not be removed from a high or moderate landslide hazard area, except for hazardous trees based on review by a qualified arborist or as otherwise provided for in a vegetation management and restoration plan as determined by DCD. iii) Development, land use activity, or use shall not be allowed in high or moderate landslide hazard areas or their associated buffers unless a geotechnical report or engineered stormwater plan (special report) demonstrates that building within a landslide hazard area will provide protection commensurate to being located outside the landslide hazard area and meets the requirements of this section. This may include proposed mitigation measures. iv) Seasonal Restrictions. Clearing and grading shall be limited to the period between May 1st and October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. v) Only the clearing necessary to install temporary erosion control measures will be allowed prior to clearing for roads and utilities construction. vi) The faces of cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. vii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits. viii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances for the serving utility corridor. b) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological assessment may be required prior to use as a permanent access road under a conversion or conversion option harvest plan pursuant to JCC 18.20.160. c) DCD may also require: i) Clustering of development to increase protection to geologically hazardous areas; or ii) Enhancement of buffer vegetation to increase protection to geologically hazardous areas. d) The provisions in this section are in addition to those required in JCC 18.30.060, Grading and excavation standards, and JCC 18.30.070, Stormwater management standards. Appendix A - 21 e) If there is a conflict between applicable published standards, the more restrictive protection requirement applies. f) Drainage and Erosion Control. i) An applicant submitting a project application shall also submit, and have approved, a stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e), when the project application involves either of the following: A) The alteration of a high or moderate landslide hazard area; or B) The creation of a new parcel within a high or moderate landslide hazard area; and ii) Shall discuss, evaluate, and recommend methods to minimize sedimentation of adjacent properties during and after construction. iii) Surface drainage shall not be directed across the face of a marine bluff that is mapped as high or moderate erodible or susceptible to landslide or debris flow. The applicant must demonstrate that the stormwater discharge cannot be accommodated on site or upland by evidence presented in a geological assessment as required by JCC 18.22.945, unless waived by the administrator. If drainage shall be discharged from a bluff to adjacent waters, it shall be collected above the face of the bluff and directed to the water by tight line drain and provided with an energy dissipating device at the shoreline, above the ordinary high water mark (OHWM). iv) The applicant shall clearly demonstrate in the geological assessment that stormwater quantity, quality, and flow path post-construction will be comparable to pre-construction conditions. v) Stormwater conveyance through a properly designed stormwater pipe when no other stormwater conveyance alternative is available. The pipe shall be located above ground and be properly anchored or designed so that it will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity. g) Vegetation retention requirements within a geologically hazardous area and its associated buffer. Compliance with all of the following regarding vegetation retention is required: i) During clearing for roadways and utilities, all trees and understory vegetation lying outside of approved construction limits shall be retained to the maximum extent practicable; ii) Clearing limits, as shown on the approved site plan, shall be marked by orange construction barrier fencing to be installed prior to beginning any clearing, grading, or other land-disturbing activities; iii) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation within the high or moderate landslide hazard area or its critical area buffer, but outside the marked clearing limits, shall be retained. Cleared vegetation shall not be placed within a high or moderate landslide hazard area unless it is used as part of a mitigation plan consistent with other critical area mitigation provisions, is reviewed by the geotechnical professional, and is approved by the administrator; and iv) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal outside of a high risk CMZ shall not be reviewed under this article. Should this provision conflict with other vegetation retention requirements specified elsewhere within this title, the more restrictive protection requirement applies. 2) Landslide hazard buffers for high and moderate landslide hazard. a) Top of slope building setback. All development activities or actions that require project permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to 25 feet beyond the top of slope, with an additional minimum 15-foot building and impervious surface setback, unless otherwise Appendix A - 22 allowed through a geologic assessment. The minimum building and setback shall be increased from the top of the slope as follows: i) For high landslide hazard areas, the setback shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet. ii) For moderate landslide hazard areas, the setback shall be 40 feet from the top of slope. b) Building setback from toe of slope. The setback shall be equal to half the height of the slope (1:1 horizontal to vertical) plus 15 feet (per IBC 1808.7). c) Larger native vegetation width may be required. DCD may require a larger native vegetation width than the standard buffer distance as determined above if any of the following are identified through the geological assessment process: i) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; ii) The area has a severe risk of slope failure or downslope stormwater drainage impacts; or iii) The minimum native vegetation width or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion or landslide hazard area. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback. d) Reducing buffer widths. The administrator may reduce geologically hazardous area buffers as follows: i) Buffers may be reduced with a geotechnical report prepared by a geotechnical professional with a state stamp; provided, the geotechnical report identifies recommendations for preventing or minimizing risks post-development. The geotechnical report should at a minimum include: the marking of the top or toe of the slope adjacent to the proposed development, land disturbing activity, or use; the setback of structures from the landslide hazard area; the limits to removal of natural vegetation; the location of septic system and other utilities; limits to the timing of land disturbing activity and construction; and the location and method of stormwater management; unless waived by the administrator. ii) The administrator may require a third-party review based on JCC 18.22.930 or the applicant enters into an indemnity and hold harmless agreement with the county that is approved by the county’s risk manager and the prosecuting attorney. If the administrator requires a third-party review of the geotechnical report, the administrator shall be responsible for identifying and transmitting the geotechnical report to the third-party reviewer. e) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area and to reduce risks to public safety and welfare. Information that may be used to support this determination, includes but is not limited to: i) The landslide area is unstable and active; ii) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively protect the proposed project from the risks posed by the landslide hazard area; and iii) The adjacent land has minimal vegetative cover. f) With the exception of engineered tight-lines for stormwater, new utility lines are allowed within a moderate or high landslide hazard or its associated buffer through a critical area variance under JCC 18.22.250. Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the Appendix A - 23 affected population. This would include finding and recommendations in the geotechnical report that the proposed development will not impact the slope stability of the slope of the surrounding area. g) New access roads are allowed within a moderate or high landslide hazard or its associated buffer through a variance. Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazardous areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required. h) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity, or uses and to provide notice of the location of buffers, DCD may require any of the following: i) Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity; ii) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers; iii) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers; or iv) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the landslide hazard areas are not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their associated buffers. 3) Seismic and tsunami hazard areas protection standards. a) Seismic hazard areas protection standards. i) The placement of buildings or structures meet the requirements of title 15 JCC. ii) Critical facility necessary to protect public health, safety and welfare shall be allowed only when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to these facilities from earthquakes. This includes, but not limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing homes, and hazardous material storage or production. iii) Public roads, bridges, and utilities shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, will not be susceptible to damage from seismically induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or another appropriate document. b) Tsunami hazard areas protection standards. i) Public roads, bridges, utilities, and public facilities shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, and public facilities will not be susceptible to damage from inundation. ii) For development within tsunami hazard areas the proposed development shall be designed to provide protection from the tsunami hazard that meets the projected hazard on the Washington State Department of Natural Resources Tsunami Inundation Maps. Appendix A - 24 iii) For other low-lying coastal areas not included on the inundation maps, development shall be designed to provide protection for debris impact and an inundation as determined by current Washington State Department of Natural Resource modeling, unless other measures can be shown to provide equal or greater protection. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.600 Purpose. The purposes of this article are to: 1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources. 2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams and their associated riparian areas, corridors for Washington State Department of Fish and Wildlife (WDFW) Priority Species, state or federally listed species and the ecosystem processes on which these areas depend. 3) Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized. 4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat and ensure no net loss of such important habitats, including net losses through cumulative impacts. 18.22.610 Classification and designation. FWHCAs are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. FWHCAs may include, but not limited to, rare or vulnerable ecological systems, communities, habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and, areas with high relative population density or species richness. FWHCAs does not include such artificial features or structures as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district, a drainage district, or an irrigation district or company. 1) The following are designated as FWHCAs: a) Areas where federally listed species (endangered and threatened) and state-listed species (endangered, threatened, and sensitive species) have a primary association. b) Areas where federally listed species (endangered and threatened) and candidate species as listed on WDFW Priority Habitats and Species (PHS) program have a primary association and the administrator determines they should be designed as FWHCAs; c) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (chapter 76.09 RCW and title 222 WAC); d) Commercial and recreational shellfish areas; e) Kelp and eelgrass beds; f) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas; g) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat; h) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; i) State natural area preserves, natural resource conservation areas, and state wildlife areas; and Appendix A - 25 j) Species and habitats of local importance designated pursuant to the process delineated in Article IX (Special Reports) of this chapter. 2) Designated FWHCAs and their associated buffers that are within shoreline jurisdiction are regulated under the shoreline master program in chapter 18.25 JCC, and in circumstances where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall prevail. 3) Sources for identification. The following sources should be used to identify potential FWHCA locations. These maps are informational only and site evaluations by a qualified professional or wildlife biologist shall be used to determine compliance with this article. Sources include, but are not limited to: a) Jefferson County Critical Areas mapping; b) Washington State Department of Natural Resources (DNR) interim Forest Practice Water Typing in WAC 222-16-030; c) Washington State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD). d) Washington State Department of Fish and Wildlife, Priority Habitats and Species maps and lists; e) Washington State Department of Fish and Wildlife, forage fish spawning maps; f) Washington State Department of Ecology, Coastal Atlas online mapping; g) United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation; h) United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service Species and Habitat App; and, i) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map. 18.22.620 Applicability. 1) Any development, land disturbing activity or use in a FWHCA or its associated buffer shall be subject to the provisions of this article, unless specially exempted under JCC 18.22.230. 18.22.630 Protection standards. 1) General. An application for development, land disturbing activity or use on a parcel of real property containing a designated FWHCA or its associated buffer shall adhere to all of the requirements set forth below. 2) Types of special reports for FWHCA. When a development, land disturbing activity or use is proposed on lands which may contain a FWHCA or its associated buffer, an on-site habitat evaluation may be required to determine if a FWHCA or its associated buffers occur in the project area. When required by this section, an applicant shall submit a report documenting the results of an on-site habitat evaluation conducted by a qualified professional or wildlife biologist pursuant to the special report requirements found in Article IX (Special Reports) of this chapter for review and approval by DCD. Based on the results of the on-site evaluation, a special report shall be prepared by a qualified professional or wildlife biologist and shall be one of the following: a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation determines that no regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based on requirements presented in Article IX (Special Reports) of this chapter; b) Habitat management plan. This type of report shall be used if the field evaluation determines that any portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for Appendix A - 26 construction. Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter; c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by a qualified professional, agency with jurisdiction, or wildlife biologist. The plan shall be reviewed and approved by DCD; d) Dive survey. If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. The results of the survey shall be described in a special report and supported by photos taken underwater; or e) Use of best available information. If the potential FWHCA is located off of the property involved and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.. 3) Vegetation retention required within a FWHCA or its buffer. Compliance with all of the following regarding vegetation retention is required: a) Vegetation within a FHWCA or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA or an associated buffer shall be approved by DCD. b) Altering the habitat conditions (existing functions and values) of a FWHCA or its associated buffer without prior approval by DCD is prohibited. c) During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within a FWHCA or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits.(d) Damage to a FWHCAs and its associated buffer from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the felling of trees away from these areas. 4) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity or use and to provide notice of the location of buffers, DCD may require any of the following: a) Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity; b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers; c) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers. d) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the FWHCA is not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their potential associated buffers. 5) Buffers. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with this chapter based on all of the following requirements: a) General. i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect the integrity, functions, and values of the resource, consistent with the requirements in Tables 18.22.630(1) and JCC 18.22.630(2) of this section. Appendix A - 27 ii) A building setback line of five feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas. iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation (as outlined in JCC 18.22.230(3)(q)) to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished. iv) Lighting shall be directed away from the FWHCA. b) Standard buffers for FWHCAs. i) The standard buffer widths required by this article are considered to be the minimum required to protect the FWHCA functions and values at the time of the proposed development, land disturbing activity or use. When a buffer lacks adequate vegetation to protect critical area functions, the administrator may require additional documentation before allowing a proposal for buffer reduction or buffer averaging. ii) The standard buffer shall be measured landward horizontally from the ordinary high water mark OHWM). Channel migration zone (CMZ), or from the outer edge of the FWHCA as identified in the field. The following standard buffer width requirements are established for streams; provided, portions of streams that flow underground may be exempt from these buffer standards at the administrator’s discretion when it can be demonstrated that no adverse effects on aquatic species will occur. Table 18.22.630(1): Stream Buffers* Stream Type Buffer Width (feet) Type “S” – Shoreline Streams 150 Type “F” – Fish Habitat Streams: Urban Growth Areas: LAMIRDs: Other (Rural) Areas: 150 150 200 Type “Np”– Non-Fish Habitat Perennial Streams 100 Type “Ns” – Non-Fish Habitat Seasonal Streams 100 Note: a) The buffers above shall apply to culverted streams. b) The buffers above shall not apply to lawfully established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result in buffers being required. c) Stream type shall be determined using the criteria in WAC 222- 16-030, or as outlined in JCC 18.22.620(3). iii) Buffers for non-stream FWHCAs. The administrator shall determine appropriate buffer widths for non-stream FWHCAs based on the best available information. Buffer widths for non-stream FWHCAs shall be as follows in Table 18.22.630(2): Appendix A - 28 Table 18.22.630(2): Required buffers for non-stream FWHCAs FWHCA Type Buffer Width (feet)1 Areas where federally listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a primary association 150 from edge of FWHCA Commercial and Recreational Shellfish Areas 150 Native Kelp and Native Eelgrass Beds (No buffer for non-native kelp and non-native eelgrass beds) 25 from each patch Surf Smelt, Pacific Herring, and Pacific Sand Lance Spawning Areas 150 Non-Shoreline Natural Ponds and Lakes (Under 20 Acres)2 Lakes and ponds that have a direct surface connection to a fish- habitat stream segment Lakes and ponds that have a direct surface connection to a non- fish-habitat stream segment Other lakes and ponds 200 100 50 Shoreline Natural Ponds and Lakes (20 Acres and Larger) (along with any submerged aquatic beds serving as fish or wildlife habitat) 100 Natural Area Preserves Natural Resource Conservation Areas3 Not applicable Designated Habitats of Local Importance4 Case-by-case basis. Footnote 1: Measured landward of OHWM unless specified. Footnote 2: Includes any submerged aquatic beds serving as fish or wildlife habitat. Footnote 3: Buffers shall not be required adjacent to these areas. These areas are assumed to encompass the land required for species preservation. Footnote 4: The need for and dimensions of buffers for other locally importance species or habitats shall be determined on a case-by-case basis. 6) When buffer averaging may be allowed. a) The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 25 percent when all of the following criteria are met: i) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed project. To the extent practicable, that may include consideration all of the following avoidance and minimization measures: A) Trees and other existing native vegetation are avoided, and development, land disturbing activities, and uses are placed on existing road grades, utility corridors, or other developed lands if present; or B)The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or FWHCA and decreased adjacent to the lower functioning or less-sensitive portion; and ii) Lower intensity land uses are located in the reduced buffer area if feasible; iii) The development is designed to separate and screen impacts such as noise, glare, and vegetation trampling of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, Appendix A - 29 landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; iv) The total area contained in the buffer after averaging is no less than that which would be contained within the standard buffer area and all increases in buffer dimension are parallel to the FWHCA; v) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function; vi) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, vegetation, or permitted development that is as subject to a legal non-conforming use; vii) The slopes adjacent to the FWHCA within the buffer area are stable; viii) Buffer averaging of reduced buffers shall not be allowed; and ix) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met. b) The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 50 percent when all of the following requirements are met: i) A habitat management plan shall be submitted; ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom etc) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met; iii) Allows for the natural movement of a stream within its floodplain or channel migration zone; iv) Separates development from potential flooding impacts taking climate resilience measures into consideration; v) Limits visual, auditory, and direct intrusion between critical areas and developed environments; vi) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat and protects important wildlife habitat components for species dependent on or associated with wetland, marine, and riverine environments; vii) Protects wildlife movement corridors; and viii) Does not significantly impact erosion and landslide hazard areas adjacent to the critical area. 7) When buffer reduction may be allowed. The administrator has the authority to reduce standard buffer widths outlined in Table 18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-case basis up to 25 percent. The decision to reduce standard buffer widths of up to 25 percent shall be processed as a Type I land use decision under JCC 18.40.040. Appendix A - 30 Table 18.22.630(3): Reduced Buffers for FWHCAs FWHCA Type Reduced Buffer Width (feet)1 Type “F” – Fish Habitat Streams Other (Rural) County Areas: 150 Type “Np”– Non-Fish Habitat Perennial Streams Type “Ns” – Non-Fish Habitat Seasonal Streams 75 Non-Shoreline Natural Ponds and Lakes (Under 20 Acres) Lakes and ponds that have a direct surface connection to a fish- habitat stream segment: Lakes and ponds that have only a direct surface connection to a non- fish-habitat stream segment: 150 75 Footnote 1: Measured landward from the OHWM. Applicants for a reduced buffer shall demonstrate in an enhancement plan or a habitat management plan to the satisfaction of the administrator that all of the following criteria are met: a) Buffer averaging is not feasible; b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures: i) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present; ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of the buffer or FWHCA; iii) Lower intensity land uses are located in the reduced buffer area if feasible; iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area; d) The buffer shall not be reduced to less than 75 percent of the standard buffer; e) The slopes adjacent to the FWHCA within the buffer area are stable; f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native Appendix A - 31 vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity. These plans shall include a 5-year monitoring plan to ensure that standards are met; and g) For overwater development or uses, a reduction of the buffers shall be based on the review of reports, established criteria or through consultation with federal and state agencies. 8) Buffer reduction process and criteria. Table 18.22.630(4): Buffer Averaging, Reduction, Permit Process and Criteria Buffer Averaging Permit Process Up to 25% Type I per JCC 18.22.630(6)(a) Up to 50% Type II per JCC 18.22.630(6)(b) Variances1 Buffer Reduction2 Permit Process Up to 25% Administrative Type I Variance per JCC 18.22.630(7) Over 25% to 75% Type III Critical Area Variance per JCC 18.22.250 Over 75% Type III Reasonable Use Exception per JCC 18.22.260 Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or Reasonable Use Exception. Footnote 2: Buffer reduction not allowed if buffer averaging is feasible. 9) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a FWHCA. Supporting documents that may be used to support this determination include but are not limited to: a) The FWHCA is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species; b) The FWHCA serves as nesting or foraging habitat for raptors or great blue herons; c) The area adjacent to the FWHCA is susceptible to erosion or landslide; or d) The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the slopes are greater than 30 percent. 10) Voluntary restoration. FWHCAs and their associated buffers that have been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration. Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a County permit to restore a FWHCA or its associated buffer. DCD shall provide information or technical expertise, where possible, in facilitating restoration of a FWHCA or its associated buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. 11) Stream crossings. Stream crossing may be permitted within a FWHCA or its associated buffer only when no practicable or reasonable alternative location is available. Any private or public road expansion or construction Appendix A - 32 which is proposed and shall cross streams classified within this article shall comply with all of the following minimum development standards: a) There are no practicable or reasonable alternative location is available; b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) The design of stream crossings shall meet the requirements of the Washington State Department of Fish and Wildlife Water Crossing Design Guidelines, as amended. Fish passage shall be restored if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible; d) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists; e) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks, provided no other reasonable alternative placement exists; f) Crossings shall serve multiple properties whenever possible; and, g) Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum size diameter) and length necessary to accommodate the permitted activity. 12) Utilities. Utilities including sewer lines, on-site sewage systems and stormwater facilities (serving one parcel, development or legal lot of record) may be permitted in critical area buffers only when no practicable or reasonable alternative location is available. Placement of utilities within FWHCA may be allowed pursuant to all of the following requirements: a) A habitat management plan or enhancement plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and the restoration of the site through the establishment of native vegetation; b) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible; c) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed; d) New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place; e) Utility corridor. In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a FWHCA or its associated buffer shall require a Type III Variance under JCC 18.22.250. The construction of new utility corridors shall protect the FWHCA and its associated buffer as follows: i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side; and, Appendix A - 33 ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period; and, f) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used; and, g) Utilities should follow best management practices for avian protection. 13) Bank stabilization. Bank stabilization within designated FWHCA may be allowed pursuant to all of the following criteria: a) No practicable or reasonable alternative location is available; b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures, public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment; and, d) Bluff, bank and shoreline stabilization shall follow the standards of chapter 18.25 JCC (Shoreline Master Program), geologically hazardous areas provision in this chapter, and chapter 15.15 JCC (Flood Damage Prevention. 14) Road and street expansion. The expansion of legally established private or public road may be allowed in a FWHCA or its associated buffer; provided it complies with all of following minimum criteria: a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; b) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines, where minimum necessary provisions may include projected level of service requirements. 15) New public or private roads. In addition to meeting the requirements for road and street expansion above, the establishment of a new public or private road is subject to the requirement of a variance under JCC 18.22.250. 16) Outdoor recreation, Education, and Trails Construction. Improvements that do not significantly affect the function of the FWHCA or its associated buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) are permitted in a FWHCA and its associated buffer provided they comply with all of the following minimum criteria: a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be with through the establishment of native vegetation; Appendix A - 34 b) Trails and other facilities shall, to the extent feasible, shall be placed on existing road grades, utility corridors, or other previously disturbed areas; c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat; e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to FWHCA and their associated buffers. Trails serving multiple parcels or subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles; f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II variance permit. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by qualified professional addressing the impacts to the FWHCA and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. 17) Stream relocation. a) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a variance under JCC 18.22.250. b) Relocation of a stream may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and will not diminish the flow capacity of the stream or other natural stream processes; provided, the relocation meets state hydraulic project approval requirements, the relocation will not impact the based flood elevation of existing development areas (outside of the project area) within the frequently flooded area, and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in watershed planning documents prepared and adopted pursuant to chapter 90.82 RCW. 18.22.640 Impact assessment and mitigation. The overall goal of mitigation shall be no net loss of ecological functions or values, and no degradation of natural processes within a FWHCA or its associated buffer. All unavoidable impacts to FWHCA require mitigation. 1) FWHCA mitigation sequencing. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to a FWHCA or its associated buffer. When a proposed development, land disturbing activity, or use poses adverse impacts to a FWHCA or its associated buffer, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence. a) Avoiding the impact altogether by not taking a certain action or parts of an action; b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; Appendix A - 35 f) Monitoring the required compensation and taking appropriate corrective measures when necessary. 2) Impact assessment. All potential impacts to a FWHCA and its associated buffer shall be identified and described in the habitat management plan. Impact assessments shall be made based on requirements in Article IX (Special reports). 3) Mitigation – minimum requirements and types of mitigation. a) Minimum mitigation requirements are as follows: i) Unavoidable impacts to a FWHCA or its associated buffer shall be mitigated with at least a 1:1 mitigation ratio. The administrator has the authority to require buffer mitigation at a higher ratio if the area to be adversely affected consists of intact native habitat or the risk of failure is judged unacceptable. ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions and values. b) FWHCAs mitigation shall include the following options: i) On-site mitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss or degradation to existing habitat. ii) Off-site mitigation. The applicant may propose off-site mitigation if: A) On-site mitigation is not feasible and the mitigation proposal compensates for the loss of functions and values; or B) Off-site mitigation occurs within the same watershed or a connected habitat of a similar nature to the maximum extent practicable and provides better or better protection of the FWHCA and compensates for the loss of functions and values; and C) There is a willing landowner that accepts the proposed mitigation; and D) A mitigation agreement or easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation. c) In-lieu fee mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee program may be used to compensate for impacts or alterations to a FWHCA or its associated buffer, if an established in- lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to FWHCAs or their associated buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.740(4). Article VII. Wetlands 18.22.700 Purpose. The purposes of this article are to: 1) Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and improving water quality through biofiltration, adsorption, retention and transformation of sediments, nutrients, and toxicants. 2) Regulate land use to avoid adverse effects on wetlands and maintain the functions, services, and values of freshwater and estuarine wetlands throughout Jefferson County. 18.22.710 Classification and designation. Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted Appendix A - 36 for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, ponds for agricultural activities, landscape amenities, farmed wetlands, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. 1) Wetland delineation. Wetlands shall be delineated in accordance with the requirements of RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject to the provisions of this article. 2) Wetland rating. Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in that publication. These categories are generally defined as follows: a) Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by the State of Washington Natural Heritage Program; iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; or vi) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland types; (ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of functions. b) Category II. These wetlands are: (i) undisturbed estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total). c) Category III. These wetlands are (i) those with moderate level of functions (scoring between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions. 3) Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one- tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria are met: a) The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water; b) The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices; c) The wetland is not located within a FWHCA or its associated buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA; d) The wetland is not located within a floodplain; e) The wetland is not within the jurisdiction of the county shoreline master program; Appendix A - 37 f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system; and g) The wetland does not score five or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of Ecology). Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered, unless approval is obtained from Washington State Department of Ecology or the U.S. Army Corp of Engineers. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require mitigation. 4) Sources for identification. The following sources should be used to identify potential wetland locations. These maps are informational only and site evaluations by a qualified professional or wetlands specialist shall be used to determine compliance with this article. Sources include, but are not limited to: a) Jefferson County Critical Areas Mapping; b) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory; c) United States Department of Agriculture, Natural Resources Conservation Service, Soil Survey for Jefferson County Areas, Washington; d) United States Department of Agriculture, Natural Resource Conservation Service, Hydric Soils List; and e) Washington State Department of Ecology, Coastal Atlas Map. 18.22.720 Applicability. All development, land disturbing activities and uses in a wetland or its associated buffer shall be subject to the provisions of this article, unless specially exempted in JCC 18.22.230. 18.22.730 Protection standards. 1) General. Application for a project or use on a parcel of real property containing a designated wetland or its associated buffer shall adhere to the requirements set forth below. 2) Types of wetland evaluations. An applicant shall submit, and have approved, a wetland report prepared based on results of an on-site field investigation conducted by a qualified professional or wetland specialist using wetland delineation manuals specified in JCC 18.22.710(1). The wetland report shall be completed based on the following: a) Wetland reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used only if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component. b) Wetland delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction- related activities or are within the proposed limits of land disturbing activity. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by JCC 18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter. c) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category. Appendix A - 38 d) The requirement for a wetland evaluation may be waived by the administrator for construction of a single- family residence on an existing legal lot of record if department staff, qualified professional, or a wetlands specialist determines that: i) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and, ii) The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. 3) Vegetation retention required within a wetland or its associated buffer. All of the following provisions regarding vegetation retention shall apply: a) Vegetation within a wetland or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland or its associated buffer shall require review and approval by the department; b) Altering the habitat conditions of a wetland or its associated buffer without prior review and approval by the department is prohibited; c) During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within wetlands or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits; and d) Damage to a wetland or its associated buffer from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the falling of trees away from these areas. 4) Wetland ratings to establish buffer requirements. Wetland ratings and categories shall be prepared by a qualified professional or wetlands specialist, be based on the Washington State Wetland Rating System for Western Washington (2014 version, or as amended), and be submitted to the department for review and approval. Buffers for wetlands are based on wetland category, habitat function score, and land use intensity as shown in Table 18.22.730(1)(a) or based on special characteristics as shown in Table 18.22.730(1)(b). 5) Buffer marking. To ensure that a buffer is not impacted by proposed adjacent development, land disturbing activity, or use DCD may require one or more of the following: a) The marking or flagging of the edge of the wetland or its associated buffer; b) A 5-foot building setback shall be required from the edge of any buffer area, except for nonstructural improvements such as septic drain fields may be located within a setback; c) Showing the location of the critical area and its associated buffer on all approved site plans adjacent to development or land disturbing activity proposed. d) Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to new development or new land disturbing activity to ensure that it does not encroach upon buffers; e) Require that signs be posted along the buffer edge adjacent to the development, land disturbing activity or use to ensure that the public knows the location of the buffers for i) Permitted commercial or industrial development or uses; or, ii) Development, land disturbing activities or uses on public lands. f) Require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the wetland or its associated buffer is not identified in the development permit or on the County’s GIS mapping system to disclose to future buyers the existence of critical areas and their associated buffers. Appendix A - 39 6) Buffers – Standard requirements for wetlands. a) The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article and in accordance with the following criteria. b) Buffers for wetlands shall be measured as a horizontal line perpendicular to the boundary of the wetland. c) The standard buffer width for a wetland shall be determined based on the following: i) The wetland category shall be based on the total score and the habitat functions from the wetland rating form and the land use intensity described in subsection (6)(c) below. Buffer widths for wetlands are shown in Table 18.22.730(1)(a); or ii) The wetland category is based on the special characteristics of the wetland from the wetland rating form. The buffer widths for wetlands with special characteristics are shown in Table 18.22.730(1)(b). d) Land use intensity for wetland ratings is based on the following: i) High land use intensity means development and uses that are commercial, industrial, institutional, urban, high intensity new agriculture (dairies, nurseries, hard side greenhouses, annual tilling), high intensity recreation (golf courses, ball fields), or solar farms. Residential development proposed on a parcel that is less than one acre in size. ii) Moderate land use intensity means development and uses that are open space parks, moderate intensity new agriculture (orchards, hay fields, animal pastures, soft sided greenhouses, etc.), or utility corridors within rights-of-way that are shared. Residential development on a parcel one to five acres in size. iii) Low land use intensity means low impact development and uses such as unpaved trails or passive recreation (when not exempt in JCC 18.22.230), regional trails with a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access, public utility corridors not requiring a maintenance road or a vegetation management plan, landscaping or lawns. Residential development on parcels over five acres in size. Table 18.22.730(1)(a). Standard buffer widths for wetlands based on points Land Use Intensity Wetland Category Habitat Function Score High Impact Buffer Width feet) Moderate Impact Buffer Width (feet) Low Impact Buffer Width feet) Category I Total score is 23- 27 points 8 – 9 6 – 7 3 – 5 300 150 100 225 110 75 150 75 50 Category II Total score is 20- 22 points 8 – 9 6 – 7 3 – 5 300 150 100 225 110 75 150 75 50 Category III Total score is 16- 19 points 8 – 9 6 – 7 3 – 5 300 150 80 225 110 60 150 75 50 Category IV Total score is 15 points or less All 50 40 25 Appendix A - 40 Table 18.22.730(1)(b). Standard buffer widths based on special characteristics Category I Buffer width (feet) Bog 250 Coastal Lagoon 200 Estuarine 200 Forested Based on habitat score Wetland of high conservation value 250 Category II Buffer width (feet) Lagoon 150 Estuarine 150 7) Land Use Intensity Impact Reductions: Applicants have the option to meet the following performance standards found in Table 18.22.730(c) to reduce the buffers outlined in Table 18.22.730(1)(a) above from high to moderate impact. Table 18.22.730(1)(c) Required measures to minimize impacts to wetlands All measures are required for land use intensity reduction) Disturbance Required measures for land use intensity reduction Lights • Lights shall be shielded to avoid being directed off the developed area, and should include timers or motion detection. Noise • Locate activity that generates noise away from wetland; If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source; For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered; Utilize native vegetation that does not require as much fertilizer or pesticides as non-native vegetation, or require a statement on all approved site plans for development, land disturbing activities or use by limiting use of pesticides within 150 feet of wetland Apply integrated pest management Stormwater runoff • Roads and development areas (including lawns) that discharge to buffers are required to utilize best management practices to treat stormwaters; Prevent channelized flow from lawns that directly enters the buffer; Use low impact development (LID) techniques (for more information visit Washington State Department of Ecology’s website) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion Appendix A - 41 Disturbance Required measures for land use intensity reduction For non-residential development, DCD may require wetland and its associated buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust 8) When buffer averaging may be allowed. a) The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 25 percent when all of the following criteria are met. i) The specific standards for mitigation sequencing in JCC 18.22.740 have been applied during the siting and design of the proposed project. To the extent practicable, that may include consideration of the following avoidance and minimization measures: A) Trees and other existing native vegetation are avoided, and development, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed areas if present; B) The buffer width is increased to match the adjacent to the higher-functioning or more-sensitive portion of the wetland and decreased to match the adjacent to the lower functioning or less-sensitive wetland areas; C) Lower intensity land uses are located in the reduced buffer area if feasible; D) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; ii) The total area contained in the buffer after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the wetland; iii) The buffer averaging does not reduce the functions or values of the wetland, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function or value; iv) The buffer averaging is necessary due to parcel size, existing development, shoreline or other critical area requirements, or other site constraints such as slope, soils, or protecting existing native vegetation (e.g. mature conifers); v) The slopes adjacent to the wetland within the buffer area are stable; vi) Buffer averaging of buffer reductions addressed in JCC 18.22.730(9) are not allowed; and vii) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met. b) The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 50 percent when all of the following requirements are met: Appendix A - 42 i) A habitat management plan shall be submitted; ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met; iii) Allows for the natural movement of a stream within its floodplain or channel migration zone; iv) Separates development from potential flooding impacts; v) Limits visual, auditory, and direct intrusion between critical areas and developed environments; vi) Protects important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments; vii) Enables wildlife movement; and viii) Does not accelerate erosion and landslide hazard areas adjacent to the critical area. 9) Process and criteria for wetlands reduction. The administrator may reduce wetland buffers up to 25% administratively through a Type I Variance for moderate land uses provided a wetland delineation shall be submitted to DCD for review and approval establishing all of the following criteria are met: a) Buffer averaging is not feasible; b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures: i) Trees and other existing native vegetation are avoided, and development, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed lands if present; ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of the wetland; iii) Lower intensity land uses are located adjacent to the reduced buffer area if feasible; iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland or other critical area; d) The buffer shall not be reduced to less than 75 percent of the standard buffer; e) The slopes adjacent to the FWHCA within the buffer area are stable; f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that currently contains or will mature into a dense, multi-storied, diverse native vegetation community that provides ecological functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal Appendix A - 43 of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity, which shall include a 5-year monitoring plan to ensure that standards are met; and Table 18.22.730(1)(d). Buffer Averaging, Reduction, Permit Process and Criteria Buffer Averaging Permit Process Up to 25% Type I per JCC 18.22.730(8)(a) Up to 50% Type II per JCC 18.22.730(8)(b) Variances1 Buffer Reduction2 Permit Process Land use intensity from high to moderate JCC 18.22.730(7) Up to 25% Type I moderate land uses per JCC 18.22.730(9) Over 25% to 75% Type III Critical area variance per JCC 18.22.250 Over 75% Type III Reasonable use exception per JCC 18.22.260 Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or reasonable use exception. Footnote 2: Buffer reduction is not allowed if buffer averaging is feasible. 10) When increasing buffers for wetlands may be required. The administrator shall have the authority to increase buffers adjacent to a wetland to protect the functions and values of a wetland. Factors that may be used to support this determination include but are not limited to: a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species; b) The wetland serves as nesting or foraging habitat for raptors or great blue herons; c) The area adjacent to the wetland is susceptible to erosion or landslide; or d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30 percent. 11) Voluntary restoration. A wetland and its associated buffer that has been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration. Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a permit to restore a wetlands or buffer. DCD shall provide information or technical expertise, where possible, in facilitating restoration of a wetland or buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. 12) Utilities. Placement of utilities (serving one parcel, development or legal lot of record) within a wetland and its associated buffer may be allowed pursuant to the following standards: a) A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating how the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that the restoration shall be through the establishment of native vegetation. Appendix A - 44 b) Construction of utilities, including stormwater BMP’s, may be permitted in a wetland and its associated buffer when no practicable or reasonable alternative location is available and the utility does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. c) New utilities shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side. d) New utilities shall be revegetated with appropriate native vegetation at pre-construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period. e) Construction of sewer lines or on-site sewage systems may be permitted in a wetland or its associated buffer when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility by other utilities may be allowed. f) In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a wetland or its associated buffer shall require a variance under JCC 18.22.250. g) Utility corridors for towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used. (f) Utilities corridors for towers should follow best management practices for avian protection. 13) Road and street expansion. The expansion of a legally established private or public road may be allowed in a wetland or its associated buffers provided it complies with the following minimum development requirements: a) A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating that the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. b) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level of service requirements. 14) New public or private roads. In addition to meeting the development standards for road and street expansion above, the establishment of a new public or private road within a wetland or its associated buffer is subject to variance under JCC 18.22.250. 15) Outdoor recreation, education, and trails construction. Uses and improvements that do not significantly affect the function of a wetland and its associated buffers (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in a wetland and its associated buffer provided they comply with all of the following minimum development standards: a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation; b)Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; Appendix A - 45 c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within the buffer to minimize impacts to wildlife, fish, or their habitat; e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer. Trails serving multiple parcels or subdivision shall not exceed six feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles; f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist or qualified professional; and g)The impacts to the wetland and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. 18.22.740 Impact Assessment and mitigation. The overall goal of mitigation shall be no net loss of wetland functions or values. 1) Mitigation sequence. Mitigation includes avoiding, minimizing, rectifying, or compensating for adverse impacts to regulated wetlands. When development, land disturbing activity or use poses potentially significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence. a) Avoiding the impact altogether by not taking a certain action or parts of an action; b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; f) Monitoring the required compensation and taking appropriate corrective measures when necessary. 2) Impact assessment. All potential impacts to wetlands and buffers shall be identified and described in the wetland report. Impact assessments shall be made based on requirements in Article IX (special reports). 3) Compensatory wetland mitigation – general requirements. As a condition of any permit or other approval allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement action pursuant to title 19 JCC compensatory mitigation, shall be required to offset impacts resulting from the actions of the applicant or any code violator. a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or greater than impacts in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation: Appendix A - 46 Table 18.22.740(1) Required Replacement Ratios for Compensatory Wetland Mitigation Category and Type of Wetland Impacts Reestablishment or Creation Rehabilitation Only1 Reestablishment or Creation (R/C) and Rehabilitation (RH)1 Reestablishment or Creation (R/C) and Enhancement (E)1 Enhancement Only1 All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 Category II Estuarine Case-by-case 4:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case All Other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category I Forested 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1 Category I Based on Score for Functions 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 Category I Wetlands with High Conservation Value Not considered possible2 6:1 Rehabilitation of a wetland with high conservation value R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Coastal Lagoon Not considered possible2 6:1 Rehabilitation of a coastal lagoon R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Bog Not considered possible2 6:1 Rehabilitation of a bog R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case 1 These ratios assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Mitigation proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types. Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended. b) Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1). c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above. d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the authority to require the applicant record a notice to title to ensure protection. Appendix A - 47 e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with chapter 18.30 JCC. f) The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development. 4) Compensatory buffer mitigation general requirements. a) Buffers adversely affected by a proposed development, land disturbing activity, or use shall be compensated at a mitigation ratio of at least 1:1. b) Impacts to buffers that are well-developed, well-established, or have unique natural habitats consisting primarily of native plant species shall require a mitigation ratio greater than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a priority habitat by WDFW; or, habitat conditions that could support rare plants or plant communities. c) The permittee shall install a highly visible and durable protective fencing as a barrier between the limits of construction and the retained buffer vegetation. The fencing shall be installed prior to any land disturbing activity, including but not limited to clearing or grading , and shall be maintained during construction to prevent access and protect the wetland and retained buffer. This requirement may be waived if an alternative to fencing that achieves the same objective is proposed by the applicant and approved by the administrator. 5) Compensatory wetland and buffer mitigation – type, location, and timing. a) Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a wetlands evaluation prepared by a wetlands specialist documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable. i) Restoration (reestablishment or rehabilitation) is the preferred mitigation option; ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option; iii) Enhancement may be approved if restoration or creation are not ecologically viable options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer; iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on a report prepared by a wetlands specialist, the administrator determines that no other option is ecologically viable. b) On-site compensation within the same subdrainage basin is preferred. The administrator may approve off- site compensation only if: i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is ecologically preferable; ii) No reasonable opportunities exist on-site and within the same subdrainage basin; iii) On-site mitigation would result in the loss of high-quality upland habitats; iv) Off-site mitigation has a greater likelihood of compensating for project-related impact; v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors; vi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses; and Appendix A - 48 vii) Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functions and values. c) Compensation outside of the subdrainage basin may be approved by the administrator if an authorized in- lieu fee program is used. d) Construction of rectification and compensation projects must be timed to reduce impacts to existing wildlife and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species. e) Compensation shall be completed prior to wetland destruction, where feasible. 6) In-lieu fee program (ILF). An applicant may opt to use an ILF to compensate for impacts to wetlands or their associated buffers based on criteria listed below. Use of an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter. a) The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the critical area or its associated buffer occur within an ILF program service area. If an impact occurs outside of an ILF program service area, an applicant may request that DCD investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area. b) The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. DCD may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation. c) The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (i) the applicant has purchased the appropriate number of credits from the sponsoring organization and (ii) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with the requirements of this chapter and the applicable approved in-lieu fee program instrument. Article VIII. Agriculture 18.22.800 Purpose and intent. 1) Jefferson County encourages the conservation of productive agricultural land and the implementation of alternative means of protecting critical areas using conservation practices in this article. As allowed under WAC 365-196-830 (Protection of critical areas), both regulatory and voluntary measures may be developed and used to prevent degradation of critical areas. 2) The well-being of agricultural activities in Jefferson County depends in part on good quality soil, water, air, and other natural resources. Agricultural operations that incorporate protection of the environment, including critical areas and their associated buffers as defined by this chapter, are essential to achieving this goal. 3) Jefferson County offers producers of agricultural products or commodities (agricultural activities as defined in JCC 18.10.010) two paths to achieve no net loss of critical area functions and values while supporting the viability of agriculture. These two paths are: a) A “prescriptive” approach utilizes the FWHCA protection standards (Article VI) and the wetland protection standards (Article VII). The prescriptive approach utilizes the standard buffer widths from streams, wetlands, and ponds, which may offer a simpler yet stricter set of standards; or Appendix A - 49 b) A “performance” based approach where the producer of agricultural products or commodities works independently or with farm assistance agencies to identify the resource concerns that are unique to the farm operation and to implement practices best suited to address those concerns. 4) DCD shall ensure monitoring and adaptive management processes are in place to evaluate whether the application of performance-based approaches address resource concerns identified in this article to the extent related to agricultural activities. 18.22.810 Resource concerns. The continuation of existing agricultural activities meeting the provisions of JCC 18.22.230(3)(a) is exempt from critical area requirements and the requirements of this chapter. Agricultural activities are defined in JCC 18.10.010. Except as noted above, new or expanded agricultural activities are subject to the provisions of this chapter. New or expanded agricultural activities have the potential to create adverse impacts to critical areas. It is the policy goal of this chapter to minimize the impacts of: 1) Potential water polluting activities. Agricultural activities, such as livestock management and tillage, without proper conservation practices may contribute wastes or sediments into a natural or modified natural stream or wetlands; 2) Management of manure and chemicals used for agricultural activities. Without proper conservation practices, manure could be carried into a stream, wetlands, or other waters of the state by any means. Chemicals used for agricultural activities shall be applied consistent with chemical container labels and all applicable federal and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat conservation areas. 3) Soil erosion. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams; 4) Drainage Infrastructure. Maintenance and operation of ditches should be designed to prevent maintenance problems, avoid blocking water flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream bank vegetation is protected or replanted; and 5) Unnecessary removal of riparian vegetation. Dense riparian vegetation along the water’s edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds, and wildlife; and keep water cooler in summer. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and control noxious weeds. 18.22.820 Alternative performance-based approach for agriculture in FWHCAs or wetlands 1) Applicability. An owner or a producer of agricultural products or commodities may apply to use the performance requirements of this chapter instead of the prescriptive standards. This shall include the submission of an application on a form approved by the administrator and approval by DCD based on requirements of this article for the following agricultural activities within a FWHCA or a wetland or its associated buffer: a) New or expanded areas of agricultural activities; and b) Producers of agricultural products or commodities conducting one or more of the following agricultural activities within the footprint of an agricultural activity as of the effective date of March 10, 2020, the date agriculture was first regulated under this article: i) Adding or expanding temporary or permanent structures; ii) Adding or expanding compacted areas such as for parking, roads, or access; iii) Adding or expanding impervious areas; iv) Adding or replacing wells or septic systems; v) Constructing or altering ditches or drainage systems; Appendix A - 50 vi) Constructing or altering ponds for agricultural use; vii) Expanding or altering manure or compost management structures or practices; viii) Expanding or altering the application of fertilizers or agricultural chemical in proximity to wetlands or water bodies; ix) Adding or altering irrigation practices; or x) Other similar agricultural activities as determined by the administrator. 2) This article does not apply to: a) Exempt agricultural activities per JCC 18.22.230(3)(a); b) Agricultural activities occurring within the footprint of use as of the effective date of March 10, 2020, the date agriculture was first regulated under this article are exempt from compliance with this chapter unless listed in JCC 18.22.720; c) Agricultural activities that meet the FWHCA and wetland prescriptive standards; or d) Agricultural activities that do not lie within FWHCA or wetland prescriptive standard. 3) Agricultural checklist and classification. DCD shall develop, adopt and maintain an agricultural checklist in consultation with farm assistance agencies for completion by producers of agricultural products or commodities. The agricultural checklist shall identify agricultural activities and the conservation practice(s) necessary to achieve the performance standards in JCC 18.22.830 and avoid potential negative impacts described under resource concerns in JCC 18.22.810 in the following classifications shall be used on the agricultural checklist: a) Type 1 conservation practices compliant. A Type 1 classification applies to producers of agricultural products or commodities that have a farm plan developed by farm assistance agencies, or have completed the agricultural checklist, demonstrating that a development application addresses performance standards in JCC 18.22.830 due to the nature of the proposals and conservation practices in place that avoid potential negative impacts described under resource concerns in JCC 18.22.810. b) Type 2 conservation practices scheduled. A Type 2 classification applies to development that does not meet one or more performance standards in JCC 18.22.830 and identifies conservation practices that will adequately address resource concerns created by the agricultural activities. The conservation practices shall be implemented based on a schedule developed in consultation with farm assistance agencies or a report by a natural resource conservation professional. Such scheduled conservation practices shall avoid resource concerns identified in JCC 18.22.810 and meet performance standards in JCC 18.22.830. c) Conservation practices unable to be met applies when the checklist criteria and cannot document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural activities. A producer of agricultural products or commodities shall complete an agricultural checklist and provide a report prepared by a farm assistance agency or a natural resource professional to demonstrate how the proposal meets the performance standards in JCC 18.22.830 and avoids potential negative impacts described under resource concerns in JCC 18.22.810. If performance standards cannot be met with adequate conservation practices scheduled, the proponent shall be subject to the prescriptive standards of this chapter and may apply for variances or reasonable use exceptions as applicable under JCC 18.22.250 and JCC 18.22.260, where appropriate, or may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC 18.22.965; provided, the proposal can meet all CASP financial and other provisions. 18.22.830 Protection standards. 1) Performance Standards. Producers of agricultural products or commodities shall submit an agricultural checklist and supporting documentation to the satisfaction of the administrator to demonstrate all of the following Appendix A - 51 performance standards are met due to the nature of the proposal as well as installed or scheduled conservation practices: a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands; b) Roof runoff is managed so that it does not result in ponding or channeling in confinement areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to FWHCAs and wetlands; c) Agricultural lands are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all FWHCAs and wetlands; d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment, pesticides, and other contaminants; e) Livestock are excluded from FWHCAs and wetlands by means of fencing, gates or other controls that are consistent with the practices recommended by farm assistance agencies; f) Buffers are established that either: (i) are consistent with either the prescriptive standards in this chapter applicable to FWHCAs or wetlands or (ii) consistent with farm assistance agency-designed conservation practices that provide for buffers around FWHCAs or wetlands within areas where livestock are kept; g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering FWHCAs and wetlands; h) Manure is applied in a manner to prevent pollution of FWHCAs and wetlands; i) Compost production is handled and stored in a way that prevents stormwater from carrying nutrients, pathogens, sediment and other contaminants into FWHCAs and wetlands; j) Fertilizers or agricultural chemicals for weed and pest control are applied in a manner that prevents them from entering any FWHCAs and wetlands on agricultural land either by aerial drift or by stormwater run-off; k) The development avoids adverse alteration of wetland hydrology; l) The development protects riparian vegetation or tree cover after drainage maintenance or construction; m) The proposal maintains surface and groundwater flow, discharge, and recharge, through such means including but not limited to maintaining soil permeability, avoiding net increases in impervious areas, avoiding compaction, or avoiding changing discharge to streams; n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands consistent with the practices recommended by farm assistance agencies; o) The site has not been cleared under a forest practices permit or altered tree cover by more than 10,000 square feet; p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as proposed are in conformity with county flood hazard regulations in chapter 15.15 JCC and the practices recommended by farm assistance agencies; and q) A proposed agricultural activity is consistent with locational allowances in subsection (2) of this section. 2) Locational standards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands and FWHCAs and their associated buffers. Appendix A - 52 a) Cultivation and production and agricultural structures, buildings, impervious areas shall meet the locational allowances and associated performance standards. Table 18.22.830(1) Agricultural Activities Allowances in Wetland and FWHCA Buffers Activity Allowed in wetlands Allowed in associated Wetland and FWHCA Buffers Cultivation and production Yes, existing agricultural activities lawfully established as of March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Yes, new or expanded agricultural activities 1,2 Yes, existing agricultural activities lawfully established as of March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Yes, new or expanded agricultural activities 1,2 Agricultural structures, buildings, impervious areas Limited to activities addressed by farm assistance agency practices on farmed wetlands, including but not limited to high tunnel systems, where consistent with federal and state law 1,2,3 Yes, existing agricultural activities lawfully established as of March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Yes, new or expanded agricultural activities 1,2 Notes: 1 Subject to performance standards in subsection (1) of this section and determined to be a Type 1 or Type 2 proposal per JCC 18.22.820. 2 Conditions or performance standards applied by the administrator may include but are not limited to wetland/riparian or buffer enhancement in limited circumstances and as determined in consultation with a farm assistance agency or qualified professional, or wetland specialist, provided proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. 3 Producers of agricultural products or commodities shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency, state oversight agency official, qualified professional, or DCD. 3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the owner’s compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy related critical areas requirements of this chapter. a) The administrator may condition the proposed agricultural activities to avoid resource concerns in JCC 18.22.810 by requiring conservation practices recommended by farm assistance agencies, a natural resources conservation professional or a qualified professional. b) If the agricultural activity has conservation practices unable to be met or does not demonstrably meet the performance standards in subsection (1) of this section, or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponent may seek use of the prescriptive path offered in this chapter. 4) Conservation practices. Owners of agricultural land and producers of agricultural products or commodities are encouraged to design conservation practices through use of the following resources: a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” FOTG) contains a nonexclusive list of conservation practices to guide implementation of the expectations of this article. b) The Jefferson County conservation district is available to assist with completion of an agricultural checklist and in the development of conservation plans approved by DCD. A producer of agricultural products or commodities may also work with other farm assistance agencies. 5) Scheduled conservation practices. For a conservation practices not satisfied proposal, the applicant shall identify the standards by which the practice will be designed and the scheduled date of implementation. The proponent shall provide documentation the scheduled conservation practice has been established in accordance with the design specifications following implementation. 18.22.840 Monitoring and adaptive management. Monitoring provides information used by DCD to assist in determining the effectiveness of the county’s critical area regulations and conservation practices applicable to agricultural activities. DCD shall develop a cooperative Appendix A - 53 monitoring program with producers of agricultural products or commodities , conservation district staff and farm assistance agency staff based on the conservation practices and performance standards of approved critical areas permits in agricultural land. The monitoring program shall identify existing functions and values per subsection (1) of this section, the thresholds of no harm or degradation in subsection (2) of this section, and the benchmarks and outcomes in subsection (3) of this section. The monitoring and adaptive management report shall be prepared periodically in accordance with subsection (4) of this section. 1) “Existing functions and values” mean the following categories as compared to conditions as of March 10, 2020, the date regulation of agriculture was first adopted in this chapter: a) Water quality, as documented in a given watershed by the Jefferson County conservation district or a farm assistance agency. b) The existence or absence of large woody debris within a FWHCA, as documented in the analyses completed by the Washington State Department of Fish and Wildlife for the Water Resource Inventory Areas WRIAs) 16, 17, 20, and 21, or other relevant studies. c) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in analyses completed for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. d) The existing channel morphology as documented with Washington State Department of Natural Resources Aerial Photography. e) Location and functions of wetlands if present and determined by a wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical areas mapper or other mapped documentation and described by a wetland rating (when available). 2) “No harm or degradation” means the following: a) Maintaining or improving documented water quality levels, if available. b) Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Washington State Department of Ecology pursuant to chapter 90.48 RCW. c) Meeting all applicable requirements of chapter 77.55 RCW and chapter 220-660 WAC (Hydraulics Code). d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the FWHCA or wetland that can be reasonably attributed to adjacent agricultural activities. e) The references above to chapters 77.55 and 90.48 RCW and chapters 173-201A and 220-660 WAC shall not be interpreted to replace Washington State Department of Ecology and Washington State Department of Fish and Wildlife authority to implement and enforce these state programs. 3) Monitoring program benchmarks and outcomes. a) Water quality monitoring results shall be based on sampling data collected and analyzed in accordance with the most recent version of the Washington State Department of Ecology Guidelines for Project Quality Plans for Environmental Studies and reviewed by Jefferson County Department of Environmental Public Health or another agency with jurisdiction. To comply with the no harm requirement for water quality, all parameters evaluated must remain comparable (or improve) relative to established state standards. If any water quality parameter shows a decline, DCD and environmental public health may require on-site sampling of upstream and downstream water quality conditions to determine if permitted activities that have been implemented have since affected water quality. b) Habitat ecology should remain comparable to the watershed conditions as documented by agencies with expertise with no net loss of critical area functions and values compared to a baseline as of the effective date of March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Additionally, indicators of Appendix A - 54 habitat conditions, such as (i) the percent cover of woody vegetation (native trees and shrubs) shall not result in a net decrease; (ii) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease. c) In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on assessments, reports, and online information published the Washington State Department of Fish and Wildlife or another state or federal agency with jurisdiction). Critical area restoration and habitat improvement projects when required as part of approved conservation practices or performance standards shall meet specific benchmarks to ensure success. The applicant shall propose specific benchmarks for approval by the director. The benchmarks shall reference indicators of habitat conditions per subsection (3)(b) of this section or other relevant habitat ecology indicators based on site specific conditions, advice from farm assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified professionals or agencies with expertise that are relevant to the site. At a site-specific level, any activity that negatively affects salmonids shall be considered a negative benchmark. This could include, but is not limited to, installation of in-stream barriers to fish passage, removing woody debris from a stream, altering spawning gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water column. d) Wetland area and function should remain stable or improve, as documented by monitoring or periodic site inspection of plan implementation or aerial photo analysis of mapped wetlands within areas of new or expanded agricultural intersects. 4) Reporting. The administrator shall periodically review the monitoring and adaptive management report of applicant conservation practices programs’ implementation and compliance beginning one year after the effective date of this article and every two years thereafter, through the life of the monitoring and adaptive management report, or more frequently at the administrator’s discretion. The review may include periodic site inspections, a certification of compliance by the producer, or other appropriate actions. A subset of properties may be monitored on a rotating basis. a) Self-certification is allowed for approved conservation practices satisfied and not satisfied classifications. A sufficient self-certification monitoring report shall include photos and implemented conservation practices or documentation from farm assistance agencies, a natural resources management professional or a qualified professional. Self-certifications shall be submitted within 45 days of request; county staff may make a site visit. Site visits will be coordinated with the owner or producer of agricultural products or commodities. Prior to carrying out a site inspection, the administrator shall provide reasonable notice to the owner or manager of the property as to the purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the owner’s or producer of agricultural products or commodities’ discretion, the Jefferson conservation district staff or other farm assistance agency staff may accompany DCD. b) The county will, in cooperation with producers of agricultural products or commodities or farm assistance agency staff, publish the results of its periodic reviews and make them available to the public and state agencies. These results will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues if any, identified during the reporting period as well as the following additional information: i) A description of all compliance assessments and source identification actions taken during the reporting period; ii) A description of educational outreach actions as well as enforcement actions taken during the reporting period; iii) A description of any actions taken to modify conservation practices on a site or area specific basis; iv) A discussion of monitoring priorities for the next reporting period; and v) Potential adaptive management measures applicable on an areawide or countywide basis when monitoring indicates: that standards or thresholds are being exceeded; the exceedance is adversely affecting designated critical areas; and a change in regulations that are applicable areawide or countywide Appendix A - 55 is needed to address the exceedance. Modifications may also be made if monitoring indicates that less stringent standards are appropriate based on best available science. 18.22.850 Compliance. 1) Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas and associated buffers. 2) Agricultural activities are expected to meet the objectives and standards of this article through voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and a new or revised agricultural checklist and supporting documentation will be required consistent with JCC 18.22.820, when the administrator determines that any of the following has occurred: a) When a producer of agricultural products or commodities fails to implement and maintain their conservation practices determined to exist or be scheduled per JCC 18.22.820. b) When implementation of the conservation practices fails to protect critical areas. If so, a new or revised agricultural checklist and schedule of conservation practices shall be required per JCC 18.22.820 to protect the values and functions of critical areas at the benchmark condition described in JCC 18.22.840 or a baseline established by the producer of agricultural products or commodities in consultation with a farm assistance agency, natural resources management professional or qualified professional. c) When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current agricultural checklist and associated conservation practices ineffective. Substantial changes that render an agricultural checklist and associated conservation practices ineffective are those that: i) Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved; ii) Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or iii) The type of agricultural practices changes. d) When a new or revised agricultural checklist and supporting documentation is required, and the producer of agricultural products or commodities has been so advised in writing and a reasonable amount of time has passed without significant progress being made to develop said plan. Refusal or inability to provide a new agricultural checklist within a reasonable period of time shall be sufficient grounds to revoke the approved agricultural activity and require compliance with the standard provisions of this chapter. 3) When a producer of agricultural products or commodities denies the administrator reasonable access to the property for technical assistance, monitoring, or compliance purposes, then the administrator shall document such refusal of access and notify the producer of agricultural products or commodities of the findings. The producer of agricultural products or commodities shall be given an opportunity to respond in writing to the findings of the administrator, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal or inability to comply with an approved agricultural checklist and schedule of conservation practices within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter. 4) If agricultural activities result in degradation of a critical area, the producer of agricultural products or commodities shall be required to either cease the agricultural activity that results in critical area degradation or prepare an agricultural checklist and supporting documentation that demonstrates how agricultural activities will be brought into compliance with critical area protection requirements. The agricultural checklist shall be submitted to DCD for review and approval. If the administrator determines the proposed activities and conservation practices do not sufficiently address critical areas degradation, a farm assistance agency, natural resources management professional or qualified professional shall prepare a schedule of conservation practices. The applicant shall allow the county or farm agency with expertise reasonable access to the parcel to determine that the scheduled Appendix A - 56 conservation practices are installed, and critical areas functions are not being degraded. If compliance cannot be achieved, other enforcement action based on title 19 JCC shall be required. 5) A producer of agricultural products or commodities is responsible only for those conditions caused by agricultural activities conducted by the producer of agricultural products or commodities and is not responsible for conditions that do not meet the standards of this article resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or producer of agricultural products or commodities. 18.22.860 Limited public disclosure. 1) Producers of agricultural products or commodities that have a farm plan developed by a farm assistance agencies will not be subject to public disclosure unless required by law or a court of competent jurisdiction. 2) Provided, that the county will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, and the specific conservation management practices to be implemented such as through an agricultural checklist per JCC 18.22.820. The summary information shall be provided by the producer of agricultural products or commodities approved designee and shall be used to document the basis for the county’s approval of the proposal. 3) The county will provide to the public via its website information regarding which agricultural land has approved conservation practices per JCC 18.22.820 and the date of their approval. 4) Upon request, the county may provide a sample agricultural checklist, exclusive of site- or property-specific information, to give general guidance on the development of a conservation farm plan. Article IX. Special Reports 18.22.900 Purpose. 1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas: a) Demonstrate that the submitted development, land disturbing activity or use is consistent with the purposes and specific standards of this chapter; b) Describe all relevant aspects of the development proposed and critical areas adversely affected by the development and assess impacts on the critical area from activities and uses proposed; c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and d) Consider the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or watershed processes that relate to critical area condition, process, or service. 18.22.905 General requirements. 1) When special reports are required. The administrator shall require a special report or reports if any portion of a development, land disturbing activity or use has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment requires mitigation, consistent with the standards found in this chapter. 2) The administrator shall determine the requirements for qualified professional and verify the qualifications of professionals submitting special reports. A habitat reconnaissance letter is intended to document the existence of critical areas and their associated buffers. This letter shall be prepared by a qualified professional in the field of the critical area. The administrator will determine if they agree with the assessment of the habitat assessment letter. Appendix A - 57 3) Standard requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the following: a) The proposed development, land disturbing activity or use, and its location and dimensions; b) Provide a scaled site plan that includes a north arrow, property boundaries, existing structures and features on the subject site, and the limits of clearing needed during construction; c) Describe existing conditions and all critical areas and their buffers occurring on the property; d) Assess potential impacts to all critical areas and their associated buffers per the specific requirements described in this article for each critical area type; e) Propose mitigation for unavoidable losses and impacts to critical areas and their associated buffers; f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater calculation worksheet, if applicable; and g) Present photographs of the project site. 4) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the authority to require a revised special report, as needed, to satisfy all the provisions of this chapter. 5) The administrator may require a special report to be recorded at the auditor’s office. 18.22.910 Waivers. The administrator may waive the requirement for a special report in limited circumstances when an applicant demonstrates all of the following: 1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and 2) The minimum protection standards required by this chapter are satisfied. 18.22.915 Retaining consultants. Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. 18.22.920 Acceptance of special reports. 1) The administrator shall verify the accuracy and sufficiency of all special reports. 2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that demonstrates where the special report is insufficient or in error. The applicant may then revise and resubmit the special report. 18.22.930 Critical aquifer recharge area reports. 1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge area report shall be prepared by a hydrogeologist when required in Article III (Critical Aquifer Recharge Areas) of this chapter. 2) Standards for critical aquifer recharge area report or hydrogeologic evaluation. A critical aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge area report shall include: Appendix A - 58 a) A detailed description of how the project, including all processes and other activities, has the potential to impact groundwater recharge or for contaminating groundwater; b) A hydrogeologic evaluation that includes, at a minimum: i) A description of the hydrogeologic setting of the aquifer region; ii) Site location, topography, drainage, and surface water bodies; iii) Soils and geologic units underlying the site; iv) Groundwater characteristics of the area, including flow direction and gradient, and existing groundwater quality; v) The location and characteristics of wells and springs within 1,000 feet of the site; vi) An evaluation of existing groundwater recharge; and vii) A discussion and evaluation of the potential impact of the proposal on groundwater recharge. c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable; d) A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures; e) Best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality; f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for emergencies; g) Demonstrate compliance with applicable protection standards in JCC 18.22.330; and h) If performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a variance under JCC 18.22.250 or a reasonable use exception under JCC 18.22.260. 3) County review. Critical aquifer recharge area report or hydrogeologic evaluation shall be forwarded to the Jefferson County department of environmental public health for technical review. The county may request additional information in order to determine the adequacy of the reports and may rely on input from Washington State Department of Ecology or Washington State Department of Health. 4) Conditions for mitigation identified in the critical aquifer recharge area report or hydrogeologic evaluation. The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge area report or hydrogeologic evaluation to mitigate the impacts of proposed activities to critical aquifer recharge areas. 18.22.940 Frequently flooded area reports. 1) Habitat assessment required. A habitat assessment may be required if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). 2) Standards for habitat assessment. a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA). Appendix A - 59 b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15 JCC. 18.22.945 Geologically hazardous area reports. 1) General. When required in Article V, a geological professional (state-licensed geotechnical engineer, a geologist, or a professional engineer knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas) shall make a site visit to determine if a geologically hazardous area or its associated buffer is present. Based on the site visit, a geotechnical letter or a geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general report requirements of JCC 18.22.905, and report requirements in sections (2) through (4) below. 2) Qualifications of the preparer. Geotechnical letters and reports shall be prepared by a geotechnical professional licensed geotechnical engineer, a geologist, or a professional engineer) knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas. Geologically hazardous letters, reports, and drawings shall be stamped and signed by the geotechnical professional preparing the documents. 3) Geotechnical letter. A geotechnical letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of clearing, are outside of all geologically hazardous areas or their associated buffers, as described in JCC 18.22.530(2); provided the geotechnical professional is not proposing a buffer reduction. A geotechnical letter shall address the following: a) Describe site location and existing conditions; b) Describe proposed activity and all geologically hazardous areas and buffers that occur on the property; c) Show the distance of the geologically hazardous area buffers and setbacks from the limits of clearing on a site plan, which should be included with the geotechnical letter; and d) Provide recommendations, as appropriate, to minimize the risk of erosion or landslide. 4) Geotechnical report. A geotechnical report shall be prepared and submitted if any part of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area or an associated buffer, as described in JCC 18.22.530(2), (3) or (4), or if a buffer reduction is proposed. a) A geotechnical report shall contain the following information: i) Site location, including parcel number; ii) Detailed description of development, land disturbing activity or use; iii) Date on-site geologic assessment was conducted and date report was completed; iv) Summary of geologic information reviewed and analyzed (such as maps and reports) to determine the potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically hazardous areas and buffers that have the potential to occur in the development, land disturbing activity or use; v) Detailed description of the site, geologically hazardous areas and their associated buffers, including but not limited to, surface and subsurface geology, hydrology, soils, and vegetation; vi) Detailed description of the results of the field investigation, including all geologically hazardous areas occurring on the property. The description shall also address the stability of the geologically hazardous areas and buffers and shall describe any past activity in the vicinity of the property; vii) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the stability of the area. Appendix A - 60 viii) Drainage and erosion control plan that addresses provisions in 18.22.530(1)(f) and presents physical, structural, or managerial best management practices that prevent or reduce pollution of water; ix) Description of potential effects of the proposed activity on stormwater quality, quantity, and runoff patterns post-construction. The report shall clearly indicate if the development, land disturbing activity or use has the potential to affect or alter water movement to the geologically hazardous and buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater; x) If a development, land disturbing activity or use is proposed within a geologically hazardous area as addressed in JCC 18.22.530(2), (3) and (4), the report shall state if the development, land disturbing activity or use can be safely constructed, occupied, or used and shall include any engineering, design, and construction to protect public health and safety; xi) Conclusions and recommendations relevant to the development, land disturbing activity or use and existing site conditions; xii) Site plan showing the location and extent of development, land disturbing activity or use proposed during the site visit; and xiii) Figure showing geologically hazardous areas and their associated buffers relative to property boundaries, the development, land disturbing activity and uses and clearing limits, existing structures and other site features, existing and proposed contours, and stakes placed onsite. b) The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and recommendations in the geotechnical report. . 18.22.950 Habitat management reports. 1) General. When required in Article VI of this chapter, a site visit conducted by a wildlife biologist is required to determine if a FWHCA or its associated buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management plan and include all of the required information described in JCC 18.22.905. Habitat reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI (Fish and Wildlife Habitat Conservation Areas), the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section. 2) Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of construction, are outside of all FWHCA and its associated buffer. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following: a) Site location and description of existing site conditions; b) A description of the proposed development, land disturbing activity or use; c) The buffer width used; d) A description of every FWHCA and its associated buffer on the property; e) Narratively and graphically present the distance of all FWHCAs from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in the habitat review letter; and f) Photographs of the site, every FWHCA and its associated buffer. 3) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any portion of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA, as described in this chapter, or if a critical area or its associated buffer reduction is proposed. A habitat management plan shall address the following: Appendix A - 61 a) Detailed description of all proposed project components relative to every FWHCAs, other development proposed, and limits of clearing; b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction; c) Date site visits were made and date report was completed; d) A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer; e) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with a FWHCA, location of native vegetation on the property, and location of nonnative or invasive vegetation on the property. The habitat management report should indicate if the critical areas extend off site; f) If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field investigation; g) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and JCC 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the proposal will affect or alter water movement to the FWHCA and its associated buffer if the development, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post- construction; h) Identify all potential impacts of the development, land use activity or use on every FWHCA and its associated buffer. The habitat management report shall include: i) Mitigation sequencing. Describe measures to avoid and minimize impacts to every FWHCA. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans must be prepared in accordance with subsection (3)(i) of this section. ii) Types of impacts. All potential impacts to every FWHCA and its functions and values shall be identified and described in the habitat management report. Habitat management reports shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts. iii) Impact area. The area (square footage) of potential impact shall be quantified for every FWHCA and its associated buffer. At a minimum, impact area shall include FWHCA that occurs within the limits of clearing, as shown on the site plan; and iv) Functional assessment. The impact assessment shall describe how the FWHCA and its associated buffer functions and values will be affected by the development, land use activity or use proposed. i) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include: i) Description and scaled, graphic rendering of the mitigation proposal and of the area, suitability, and objectives of the area to compensate for impact area and functions. ii) A table identifying impact areas (in square feet) and functions affected for each FWHCA and its associated buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and function). iii) Mitigation plans shall include performance standards that are applicable to the goals and objectives of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years of monitoring. Appendix A - 62 iv) A planting plan, when appropriate, that lists the species to be planted, including quantity and planting density of each species to be installed. v) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described. vi) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure FWHCAs are adequately mitigated and protected. vii) A site map showing existing conditions, including property boundaries, the location of the development, land disturbing activity or use and limits of clearing, existing structures and other physical features on the property, the location of every on-site FWHCA and associated buffer potentially affected by the proposal. viii) A site map showing impact areas on the property. Figure shall show every FWHCA and its associated buffer potentially affected by the proposal relative to clearing limits, property boundaries, and existing site features. ix) A site map showing mitigation areas on the property. The site map shall all proposed mitigation areas on the property. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure. x) Photographs of the site and the FWHCAs. 4) In-lieu fee (ILF) program. A mitigation plan shall not be required if an approved ILF program, as specified in JCC 18.22.660(3), is used to mitigate project impacts. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 1) Purpose. WAC 360-190-130(4)(a) requires the county to consult current information on priority habitats and species identified by the Washington state department of fish and wildlife. WAC 360-190-130(4)(b) states the county should identify, classify and designate locally important habitats and species. This section describes the process and requirements for designating, monitoring, and removing species and habitats of local importance that are not covered by the State Priority Species and Habitats List. 2) Procedure for designation. An application to designate a habitat of local importance as a critical area shall be processed according to the procedures for Type V land use decisions under chapter 18.40 JCC. 3) Applications for designation of a species or habitat of local importance. Any person residing or headquartered in Jefferson County or any county department may apply for designation of a species or habit of local importance. 4) Requirements for approval of an application for designation of a species or habitat of local significance. a) The applicant shall provide information demonstrating that the species or habitat is native to Jefferson County, existing on or before the date of adoption of the regulations codified in this chapter. b) The application shall include all of the following: i) Identification of the species including its scientific and locally common name(s); ii) Identification of the geographic location, including Jefferson County parcel numbers, and extent of the habitat associated with an applied for species or the applied for habitat itself if not associated with an applied for species; iii) Identification of the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). iv) For a proposed wildlife corridor, the features that are required for the corridor to remain viable to support and protect the applied for species. Appendix A - 63 v) A map of an appropriate scale to properly describe the location and extent of the habitat; vi) Geo-referencing information sufficient to allow mapping of the applied for habitat in the county GIS mapping system; vii) The status of the species or the occurrence of the type of habitat in surrounding counties and in the rest of the state has been considered in making this application. c) The application shall include a management plan for protection of the species or habitat that includes all of the following: i) Whether the management plan has been peer reviewed, and if so, how this was done and by whom; ii) How the restoration will be funded; iii) Recommendations for allowed, exempt, and regulated development, land disturbing activities or uses within the area; iv) Recommended buffer and setback requirements and their justification; v) Any seasonal requirements; vi) A monitoring plan that is practical and achievable and includes all of the following: A) Baseline data and a description of what measurements will be used to determine the success of the project. B) The requirements and time period required to evaluate the success of the plan; C) A contingency plan for failure; and D) A list of all parcels not included in the nomination but affected by the monitoring process; vii) An economic impact, cost, and benefits analysis; and viii) An analysis of alternative solutions to formal designation of the species or habitat of local importance as a regulated critical area under this chapter. d) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance. 5) Review and approval criteria. a) The application for designating a species of local importance under this section shall satisfy all of the following requirements: i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act, chapter 36.70A RCW; ii) The species is sensitive to habitat manipulation; iii) The species or habitat has commercial, game, or other special value such as it is locally rare; iv) The application shall include an analysis of the proposal using best available science; and v) The application specifies why protection by other county, state or federal policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of the species or habitat and for which management strategies are practicable, and describes why, without designation and protection, there is a Appendix A - 64 likelihood that the species will not maintain and reproduce over the long term, or that a unique habitat will be lost. b) Applications for habitats of nominated for designation under this section shall satisfy all of the following criteria: i) Where the application for a habitat is for protection of a species, the use of the habitat by that species shall be documented or be highly likely or the habitat is proposed to be restored with the consent of the affected property owner so that it will be suitable for use by the species; and long-term persistence of the species in Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat; ii) The applied for areas to protect a particular habitat shall represent either high quality native habitat or habitat that has an excellent potential to recover to a high-quality condition and which is either of limited availability or highly vulnerable to alteration; and iii) The application specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the application shall specify those features that are required for the corridor to remain viable to support and protect the applied for species. 6) Review and approval process. a) DCD shall determine whether the application submittal is complete. If deemed complete, DCD shall evaluate the proposal for compliance with the approval criteria in this section and make a recommendation to the planning commission based on those criteria. DCD shall also notify all parcel owners affected of the terms and contents of the proposal. b) Upon receipt of a staff report and recommendation from DCD, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County board of commissioners based upon the approval criteria in this section. c) The board of commissioners shall consider the recommendation transmitted by the planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board. d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by DCD, and a notice to title shall be placed upon all parcels affected by the designation. e) Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat. 7) Removal from designation. Species or habitats of local significance may be removed at any time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result of a natural catastrophe or climatic change event); and all procedural requirements of this section and the procedural requirements established for Type V land use decisions within chapter 18.40 JCC are met. 18.22.960 Wetland reports. 1) General. When required by Article VII of this chapter, a site visit conducted by a wetland specialist or qualified wetland professional to determine if a wetland is present. Based on the site visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section. 2) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if all the components of the development, land disturbing activity or use are at least 300 feet from areas of temporary impact Appendix A - 65 and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that development, land disturbing activity or use, because of their location will not impact wetlands and will include all of the following: a) Describe all wetlands and their associated buffers on the property; b) Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan. The site plan used during the site visit shall be included in the wetland reconnaissance letter; c) Provide a wetland delineation field data form for all potential wetland areas assessed; e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and f) Photographs of the site and the wetlands. 3) Wetland Delineation Report. A wetland delineation report shall be prepared and submitted if any portion of the development, land disturbing activity or use is within 300 feet of areas of temporary impact and areas within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall address all of the following: a) Date site visits were made and date report was completed. b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and associated buffers within 300 feet of the development, land disturbing activity or use. c) Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number. d) Wetland Determination Field Data Forms for all wetland and upland plots shall be included in the report. e) Wetland Rating Forms for all wetlands identified shall be included in the report. f) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and JCC 18.30.070, and the most current version of the Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the development, land disturbing activity or use will affect or alter water movement to the wetland if the development, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction. g) All potential impacts shall be identified. The impact assessment shall include: i) Mitigation sequencing. Describe measures to avoid impacts to wetlands and buffers. For any unavoidable impacts, describe measures to minimize impacts. ii) Types of impacts. All potential impact to wetlands and buffers shall be identified and described in the report. Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary long-term and short-term) impacts, and cumulative impacts. iii) Impact area. The area (square footage) of potential impacts shall be quantified for each wetland and buffer. The impact area shall include the wetland and buffer areas that occur within the limits of clearing, as shown on the site plan. iv) Functional impact. The impact assessment shall describe how wetland and buffer functions and natural processes will be affected by the proposed development or use. Appendix A - 66 v) Figures. The impacts described above shall be shown a figure. vi) Photos. Photos of areas to be impacted shall be included in a report. h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation plans shall include: i) Description of the mitigation area and suitability of the area to compensate for impacts to area and functions. ii) Detailed description of the mitigation proposal. iii) Goals and objectives of the mitigation proposal, including a detailed description of how the proposal will compensate for impacts. iv) Table identifying impact areas (square feet) and functions affected for each wetland and buffer. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and functions). v) Mitigation plans shall include performance standards that are applicable to the goals and policies of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years. vi) A planting plan that lists the native species to be installed, including quantity and density of each species. vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described. viii) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure wetlands and buffers are adequately mitigated and protected. ix) Figure showing existing conditions, including property boundaries, location of the proposed activity and limits of clearing, existing structures and other physical features on the property, location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and plot locations. x) Figure showing impact areas on the property. Figure shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site features. xi) Figure showing mitigation areas on the property. Figure shall show location and square footage of each mitigation area. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease. i) Photographs of the site and the wetlands or buffer. 4) A mitigation plan shall not be required if an actively managed ILF program is approved by the administrator and used to mitigate project impacts. 18.22.965 Critical area stewardship plans. 1) General. Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an alternative to the prescriptive requirements of Article VI ((FWHCAs) and Article VII (Wetlands) of this chapter. The overall goal of the CASP is to maintain existing functions and values of the watershed and sub-basin, while addressing the needs and desires of the property owner. CASPs are an option if any portion of a development is proposed within a FWHCA, wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use exception per JCC 18.22.260. 2) Authority. The administrator may approve CASPs as an alternative to a variance pursuant to JCC 18.22.250 or a reasonable use exception pursuant to JCC 18.22.260. Appendix A - 67 3) Review of CASPs reports and approval of CASPs permits. The administrator shall be responsible for reviewing and approving submitted CASPs reports and issuing CASPs permits. The administrator may, at the administrator’s discretion, seek technical assistance from the Jefferson County conservation district, Washington State Department of Fish and Wildlife or the Washington State Department of Ecology when reviewing CASPs. 4) Applicability and limitations. CASPs may be used in any land use district, provided all of the following requirements are met: a) CASPs shall not be used where rural transitional zoning applies pursuant to chapter 18.19 JCC if a buffer reduction has the potential to preclude future urban growth area density requirements in chapter 18.18 JCC; b) CASPs on properties one-quarter acre or larger; c) CASPs are only allow for development, land disturbing activities or uses proposed in FWHCAs and their associated buffers (Article VI) or wetlands and their associated buffers (Article VII); d) CASPs shall provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks; e) Permits for a CASP not in shoreline jurisdiction as determined by chapter 18.25 JCC shall be processed as a Type I land use decision under chapter 18.40 JCC; and f) Permits for a CASP in shoreline jurisdiction shall be processed as specified in chapter 18.25 JCC. 5) Implementation and time limits for a CASP. a) The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed. b) A CASP permit shall be limited to the same period as the underlying permit (e.g., building permit, septic permit, shoreline permit). However, if the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be limited to five years from the date the CASP permit is issued. c) The application for a CASP shall be made on a form approved by DCD. The applicant shall record a notice title for the CASP any approved mitigation with the Jefferson County auditor’s office and shall post a mitigation performance bond in an amount determined by the administrator to be sufficient to ensure compliance with the CASP, including the estimated cost of monitoring by staff or a qualified professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this section. Any amount remaining shall be refunded to the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is later. d) No other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless approved by the administrator. 6) Report requirements. a) CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC 18.22.905 (general requirements) and JCC 18.22.950 (habitat management reports) or JCC 18.22.960 (wetland reports). b) The CASP report shall be consistent with protection standards in Article VI (FWHCA) and Article VII wetlands). c) It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the critical area and or its associated buffer. CASPs that cannot demonstrate protection of the critical area and its associated buffer shall not be approved. Appendix A - 68 7) As-built plan requirement. An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include: a) A contour map describing final contours if grading is required; b) A quantitative description of the work completed to show compliance with the approved mitigation plan and CASP permit conditions; c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes; d) Additional photographic documentation that shows the condition of mitigation area(s) once CASP mitigation has been implemented; e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and f) Building final certificate of occupancy or septic final shall not be issued until the applicant has submitted an as-built showing compliance with this article, the approved CASP report, and all CASP permit conditions. 8) Contingency plan requirement. A contingency plan is required describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because of events outside the owner’s control (e.g., damage associated with wildlife). For instance, if one of the planted species of vegetation proves ill adapted to the environment and fails to survive or thrive to the extent needed to provide the intended function then alternative species should be identified. In general, plans should initially plant at greater than 120 percent of the specified final density of shrubs and trees. The contingency plan should call for either supplemental planting when the density falls below the prescribed final density or it could call for the planting of alternate specie(s). 9) Failure to submit required reports. Failure to submit a report required under this article shall constitute a failure to comply with the terms of the permit. 10) Performance bond. The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure compliance with the permit (or if development, land disturbing activities or uses on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit conditions shall be processed by the administrator pursuant to title 19 JCC (Code Compliance). 10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the administrator’s opinion, critical area functions and values will not be adversely affected by a development, land disturbing activity or use. 11) Recording of approved CASP required. An approved CASP must be recorded on the property deed (recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP approved by the county. APPENDIX B Chapter 18.22 CRITICAL AREAS Redline Version of JCC 18.22 Appendix B - 1 Chapter 18.22 CRITICAL AREAS Sections: Article I. Authority, Purpose, and Intent 18.22.100 Authority. 18.22.110 Purpose. 18.22.120 Intent andLiberal construction of chapter. Article II. Administrative ProvisionsRequirements 18.22.200 Applicability, conflicts with other provision of this code and requests. 18.22.210 Identification and mapping of critical areas. 18.22.220 Critical area review process. 18.22.230 General eExemptions from all types of critical requirements. 18.22.240 Nonconforming uses and structures. 18.22.250 VBuffer variance types and criteria. 18.22.260 Reasonable economic use exceptions. 18.22.270 Buffers Pphysical separated and functionally isolatedion – Functional isolation. 18.22.280 Adaptive management. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. 18.22.310 Classification/ and designation. 18.22.320 Applicability. 18.22.330 Protection standards. Article IV. Frequently Flooded Areas 18.22.400 Purpose. 18.22.410 Classification /and designation. 18.22.420 Applicability. 18.22.430 Protection standards – Incorporation by reference of Cchapter 15.15 JCC and additional requirements. Article V. Geologically Hazardous Areas 18.22.500 Purpose. 18.22.510 Classification /and designation. 18.22.520 Regulated activities. 18.22.530 Protection standards. 18.22.540 Required assessments and reports. 18.22.550 Recording and disclosure. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAss) 18.22.600 Purpose. 18.22.610 Classification and /designation. 18.22.620 Regulated activitiesApplicability. 18.22.630 Protection standards. 18.22.640 Buffer reductions and averagingImpact assessment and mitigation. Appendix B - 2 18.22.650 Habitat management reports – When required. 18.22.660 Mitigation. Article VII. Wetlands 18.22.700 Purpose. 18.22.710 Classification/ and designation. 18.22.720 Regulated activitiesApplicability. 18.22.730 Protection standards. 18.22.740 MitigationImpact assessment and mitigation. Article VIII. Agriculture 18.22.800 Purpose and intent. 18.22.810 Resource concerns. 18.22.820 Applicability and classification. 18.22.830 Protection standards. 18.22.840 Monitoring and adaptive management. 18.22.850 Compliance. 18.22.860 Limited public disclosure. Article IX. Special Reports 18.22.900 Purpose. 18.22.905 General requirements. 18.22.910 Waivers. 18.22.915 Retaining consultants. 18.22.920 Acceptance of special reports. 18.22.930 Critical aquifer recharge area reports. 18.22.940 Frequently flooded area reports. 18.22.945 Geologically hazardous area reports. 18.22.950 Habitat management reports. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 18.22.960 Wetland reports. 18.22.965 Critical area stewardship plans. Article I. Authority, Purpose, and Intent 18.22.100 Authority. This chapter is adopted under the authority of Article XI, Ssection 11 of the Washington State Constitution, Cchapter 36.70A RCW, the Growth Management Act, which empowersrequires a county to enact a critical area ordinance and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the Growth Management Act. [Ord. 5-20 § 2 (Appx. A)] 18.22.110 Purpose. The purpose of this chapter is to adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170, part of the Growth Management Act (Cchapter 36.70A RCW), including the requirement to follow best available science. [Ord. 5-20 § 2 (Appx. A)] 18.22.120 Intent and construction of chapterLiberal construction. The intent of this chapter is to comply with the requirements for critical areas in the Growth Management Act Chapter 36.70A RCW), the Growth Management Act implementing regulations (Chapter 365-190 WAC), and the Jefferson County Comprehensive Plan. The provisions of tThis chapter and all proceedings under it shall be liberally construed with a view to affect its purpose and intent. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 3 Article II. Administrative ProvisionsRequirements 18.22.200 Applicability, conflicts with other provision of this code and requests. 1) This chapter applies to any development, land disturbing activity, development, or activity undertakenor use on land located within or containing a critical area or a critical areaits associated buffer in unincorporated Jefferson County. All persons within Jefferson County shall comply with this chapter. 2) Jefferson County shall not grantissue any permit or other approval to alter a critical area or a critical areaits associated buffer without ensuring compliance with all of the requirements of this chapter. 3) No lLand disturbing activity, development, or activityuse on land located within or containing a critical area or a critical areaits associated buffer is prohibited in Jefferson County shall be authorized without full compliance with the termsall of the requirements of this chapter. 4) Land disturbing activities in critical areas or their associated buffers are prohibited without first obtaining all applicable permits. 5) Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. When one type of critical area or its associated buffer adjoins or overlaps another type of critical area or its associated buffer, the wider and, the more restrictiveprotective standards shall apply. 56) Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this chapterWhen any provision of this chapter is in conflict with any other section of the Code, the provision of the Code that provides most protection to the critical areas shall apply . 67) When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the provision that provides most protection to the critical area shall apply, except that aAny critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulationsrequirements in Cchapter 18.25 JCC. 78) Compliance with these regulations does not remove an applicant from the obligationthis chapter shall not constitute a defense for failing to comply with allany other applicable federal, state, or local regulations. 8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the standards and conditions contained in this chapter is expressly prohibited. 9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Cchapter 43.21C RCW), as locally adopted (Cin chapter 18.40 JCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination. 10) This chapter applies to allevery forest practice over which Jefferson County has jurisdiction under Cchapter 76.09 RCW and and WAC Ttitle 222 WAC, which entails conversion of lands to non-forestry use pursuant to JCC 18.20.160. [Ord. 5-20 § 2 (Appx. A)] 18.22.210 Identification and mapping of critical areas. 1) The approximate location and extent of critical areas within the county are displayed on various inventory maps available on the Jefferson County geographic information system (GIS) web site. Critical areas maps shall be periodically revised, modified, and updated to reflect current information. 2) The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. TheseCritical areas maps shall not be relied upon exclusively to establish the existence, /or absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist. 3) The type, extent and boundaries may be approved by the administrator based on county records, field data, or presented in Special Reports that meet all the requirements of Article IX of this chapter for a type of critical area. Appendix B - 4 determined in the field by a geotechnical professional, wetland specialist, wildlife biologist or staff person according to the requirements of this chapter. In the event of a conflict between a critical area location shown on the county’s maps and that of an on-sitethe administrator determination, the on-siteadministrator’s determination shall prevail.will apply. 4) To the extent practicable, the county shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act (Cchapter 36.70A RCW). [Ord. 5- 20 § 2 (Appx. A)] 18.22.220 Critical area review process. 1) All applicants for new development are encouraged have a customer assistance meeting with the department prior to applying for a permit. Fees for a customer assistance meeting may be applied towards the application fee for the same project.A Site Development Review outlined in JCC 18.40.420 to 480 is required for all permits for development, land disturbing activity or use. If the development, land disturbing activity or use entails complex issues that require additional input from DCD, the applicant may request an optional pre-application conference per JCC 18.40.090. The purpose of this customer assistance meetinga pre-application conference is to discuss zoningshoreline and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. SuchA pre-application conference shall be for the convenience of the applicant, and may be conducted on-site, if agreed upon by the applicant and DCD. aAny recommendations from the pre-application conference shall not be binding on the applicant or the county. 2) The departmentDCD shall perform a critical area review for any development application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently. For a critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process. 3) The department shallTo provide a timely and coordinated review process, to the extent reasonabley possible, DCD shall consolidate the processing of permits issued by county departments that affect critical areas with the other development permits, as allowed in optional consolidated permit processing outlined in JCC 18.40.030(2)related aspects of other county regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established in this chapter so as to provide a timely and coordinated review process. 4) As part of theDCD shall review of all applications for development, land disturbing activity or use building- related approvals or permit applications, the department shall review the information submitted by the applicant to: a) Confirm the nature and type of the critical area; and b) eEvaluate any required assessments, reports, or studies; bc) Determine whether the development proposalapplication is consistent with this chapter; cd) Determine whether any proposed alterations to the site containing critical areas are necessaryadditional information is needed to process the development application; and de) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the critical area and associated buffer as well as public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter. 5) If a aproposed proposaldevelopment, land disturbing activity or use has the potential to impact a critical area or aits associated buffer, the administrator may require a special report to ensure the protection requirements pursuant toof this chapter are met. When required, cCritical area special reports are subject to all of the following requirements: a) The applicant is required toshall submit a critical area report prepared by a qualified professional based on thespecial report requirements ofwhen required by this chapter; b) The report willshall be evaluated by DCD to determine if all potential impacts to the critical area or its associated buffer have been addressed in the critical areaspecial report; Appendix B - 5 c) AnyDCD shall review the impacts of the proposed development will be reviewed for compliance with mitigation requirements (as defined in JCCJCC 18.10.130) andto determine if the mitigation plan sufficiently addresses the potential impacts; and d) Ensure that the submittal for critical areas is consistent with other documentsation submitted as part of the development application and meet the that the submittal is consistent with the requirements for a complete application in Cchapter 18.40 JCC. 6) At every stage of the application process, the burden of demonstrating that a proposaldevelopment is consistent with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)] 7) Compliance with this chapter and permit conditions shall be required by any permit issued by DCD. A final building certificate of occupancy shall not be issued until the mitigation proposal has been implemented per the approved mitigation plan and building permit conditions. Other development and stand-alone critical area review shall be required to ensure the mitigation proposal was properly implemented and all permit conditions pertaining to critical areas and buffers have been followed prior to any land use disturbance or use of the property. All approved stand-alone critical areas review shall be completed to satisfy the requirements of this chapter. 18.22.230 General eExemptions from all types of critical area requirements. 1) Requirement for frequently flooded areas. Any development, land disturbing activity, or use proposed within frequently flooded areas (i.e., 100-year floodplains or floodway) shall also require a flood permit application to be submitted to DCD. This requirement applies to the proposed exemptions listed in subsection (3) of this section.The activities listed in subsection (4) of this section are exempt from the requirements of this chapter, assuming the proposed activity complies with all provisions of the exemption. 2) The administrator may determine that an activity is closely allied or similar to any activity in this list even if the proposed activity does not meet the precise terms of a listed exempt activity. The administrator is authorized to determine through a Type I permit process whether or not a development should be classified as an exempt activity and that such an activity does not impact the functions and values of any critical area or a critical area buffer. 32) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in subsection (43) of this section applies. 43) The following activities in a critical areas or its associated critical area buffers are exempt when in compliance with all of from the requirements in this section, including those additional ofrequirements in this chaptersubsection: a) Agriculture,Agricultural activities. Existing agricultural activities, as defined in JCC 18.10.010, may continue in substantively the same manner; provided, the agricultural activityies does not result in additional adverse impacts to a critical area or a critical areaits associated buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area. b) Forest Ppractice activities. Classes I, II, III, and IV special (not Class IV general conversions or conversion option harvest plans) forest practices regulated and conducted in accordance with the provisions of Cchapter 76.09 RCW and forest practice regulations, WAC Ttitle 222 WAC are exempt, except where the lands have been or are proposed to be converted to a use other than commercial forest product production. c) Maintenance – Transportation activities maintenance or reconstruction. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges are exempt.; provided, that the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section. d) Maintenance or Reconstruction – On-Site Ssewage Ssystem activities. Maintenance or reconstruction of on- site sewage systems are exempt. The expansion ; provided, the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section.of an on-site sewage system shall not further encroach upon a shoreline and critical area and their associated buffers without obtaining written authorization or a permit from DCD. Appendix B - 6 e) Maintenance – Drainage facilities or flood control structure maintenance or repair activities. Maintenance andor repair of existing drainage facilities or systems, and flood control structures are exempt. This includes, , including, but is not limited to, ditches (that do not meet the criteria for being considered a fish and wildlife habitat conservation areadesignated FWHCAs or wetlands), culverts, catch basins, levees, reservoirs, and outfalls; provided, the maintenance or repair complies with the additional requirements in subsection (5) of this section. f) Utility Aactivities. This exemption is limited to the utility activities listed below are exempt; provided, the utility activities comply with the additional requirements in subsection (5) of this section: i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or ii) With the exception of installation of a new substation, Iinstallation, construction, relocation and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-way or easement. g) Reconstruction, Rremodeling, or Mmaintenance of structures activities. – Structures. This exemption is limited to rReconstruction, remodeling, or maintenance of existing structures activities are exempt, provided: i) Reconstruction, remodeling, or maintenance of existing structures shall be within the footprint of an existing lawfully established structure; and ii) provided the maintenance complies with the additional requirements in subsection (5) of this section, wWork areas areshall be minimized to the fullest extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging areas are located outside of all critical areas and their associatedcritical area buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage is likely is due to conditions of the critical area or if there is further intrusion into a critical area or a critical area buffer. h) Site Iinvestigative Workactivities. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areasFWHCAs, or their critical areaassociated buffers that is necessary for land usedevelopment application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and percolation tests involving no fill or use of heavy equipmentexcavation for soil logs or percolation tests; provided, the . sSite investigative activitieswork complies with the additional requirements in subsection (5) of this section and excavation for soil logs or percolation tests are filled that involve excavated areas are required to be filled unless waived in writing by the administrator. i) Emergency activitiesAction. Activitiestion that is taken which is necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation are exempt; provided: i) , the emergency action complies with the additional requirements in subsection (5) of this section. If tThe nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter;, ii) DCDthe department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife, Washington State Department of Ecology, etc.), must behave been notified of the emergency action within one working day of the initiation of the emergency action.; iii) Any person or agency undertaking emergency action using this exemption mustshall submit a complete application to departmentDCD for review and approval within 30 days of abatement of the emergency, and the after-the-fact” application must show compliance with all requirements of this chapter; and. Appendix B - 7 iv) Any impacts to critical areas or critical areatheir associated buffers from the emergency activities that are not mitigated within one year of issuance of an “after-the-fact” permit shall be in violation of this exemption and may be subject to enforcement actions by the departmentunder title 19 JCC. j) Artificial Wwetlands and Aartificial Pponds. Artificial wetlands and artificial ponds activities (including maintenance) are exempt if all of the following requirements are met, provided: i) The artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat conservation areaFWHCA; and ii) The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation areaFWHCA or was legally constructed from a wetland or a FWHCA by (without receiving all applicable permits to modify the critical area). k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated a FWHCAs or wetlands are exemptfish and wildlife habitat conservation area; provided, the maintenance or repair complies with subsection (5) of this section. l) RecreationPassive al uses without any adverse impact to a critical area. Recreational uses . Passive recreation, when the activity doesthat do not cause any adverse impacts to a critical area or its associated buffer are exempt. Examples include, but are not limited to, such recreational uses as swimming, canoeing, /kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling. However, this exemption shall not apply to recreational uses that meet the definition of development. m) Existing Rresidential Llandscaping (typically non-native vegetation), including . Pplanting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures are exempt; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with subsection (5) of this section. This exemption does not allow any additional intrusion, expansion, or introduction of nonnative species into a critical area or a critical areaits associated buffer. n) Noxious Wweed Ccontrol. Removal or eradication of noxious weeds listed in Cchapter 16-750 WAC. Such activity is the responsibility of the landowner; provided, that all of the following conditions are met: i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County nNoxious wWeed cControl bBoard, or other agencies with jurisdiction;. ii) The Jefferson County nNoxious wWeed cControl bBoard, or other agencies with jurisdiction shall coordinate with the department of planning and community developmentDCD for the control of noxious weeds in wetlandscritical areas or their associated buffers; and . ii) The All herbicide applications of all herbicide in aquatic environments shall conform to the rules of the Washington State Department of Ecology, Washington State Department of Agriculture and Washington State Department of Natural Resources, pursuant to Cchapters 16-228, 173-201a, and 222-38 WAC. o) Harvesting of Wwild Ccrops. The hHarvesting of wild crops as defined in 7 C.F.R § 205.2 is exempt; provided, that the harvesting: i) Is not injurious to natural reproduction of such crops; ii) Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and iii) Does not have any adverse impacts on protection of the critical area or a critical areaits associated buffer. Appendix B - 8 p) Planting Native Vvegetation enhancement. The enhancement of a critical area or its associated buffer by the removal of invasive plants by handheld machinery, or the planting of native vegetation is exempt. Invasive plants include those listed by the Jefferson County Noxious Weed Board or as listed in the Washington State University Extension invasive forest weed resources. Examples of invasive species include, but not limited to Butterfly bush, English holly, English ivy, Herb robert, Himalayan blackberry, Tansy ragwort, Shiny geranium, or as determined by a qualified agency with jurisdiction, and approved by the administrator. q) Pruning and tree removal within FWHCAs, wetlands and moderate or high landslide hazard areas may occur if ecological functions and values are not impacted, complies with this standard, complies with the provisions of this title, or is authorized by DCD, pursuant to the following criteria: i) Pruning. Minor pruning of trees that does not exceed 25% of the live crown, and does not include the topping of trees does not require approval from DCD. Pruning of trees that exceeds this standard may require a tree removal permit or an arborist report submitted to DCD for review and approval. ii) Tree removal: DCD may require for all tree removal within FWHCAs, wetlands, and moderate or high landslide hazard areas and their associated buffers one or more of the following: A) A tree removal permit for the removal of trees over 6-inch in diameter or removal of over 50% of the live crown; B) A special report from a certified arborist to determine if the tree is dead, diseased or a threat to habitable or accessory structures, or where people congregate; C) A habitat management plan or a mitigation plan; D) If tree removal is proposed in a moderate or high landslide hazard area, DCD may require a geotechnical report if tree removal could destabilize the slope; E) For tree removal in shoreline jurisdiction, see also JCC 18.25.310(2)(c)(i)&(ii) and JCC 18.25.310(2)(d)(iii)(iv)&(vii). r) New Ttrails. The construction of a three-foot widenew, unpaved, nonmotorized trails when located in the outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical area buffers; provided, the new trail is no wider than five feet. This exemption shall not apply to shoreline jurisdiction, or within a frequently flooded area. or its critical area buffer, where development must follow FEMA requirements, or within a geologically hazardous area or its critical area buffer if the new trail will be for public use. r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided, they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County shoreline management program (Chapter 18.25 JCC). s) Beaver Ddam Aalterations with a Hhydraulic Pproject Aapproval. Pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. Beaver dam alteration in stream channels when undertaken with a hydraulic project approval issued by the Washington State Department of Fish and Wildlife pursuant to Cchapter 77.55 RCW and Cchapter 220-660 WAC are exempt. 45) Additional Protection and Restoration RequirementsApplication for exemption. An application for an exemption shall contain. Where compliance with this section is required by a subsection above, all of the following requirements must be met: a) Prior to the start of thea development, land disturbing activity or use for which an exemption is sought, the applicant mustshall submit to the departmentDCD a written description of the development, land disturbing activity or use that includes at leastall of the following information: Appendix B - 9 i) Type, timing, frequency, and sequence of the development, land disturbing activity or use to be conducted; ii) Type of equipment to be used (hand or mechanical); iii) Manner in whichWhat activity the equipment will be used to perform; and iv) How the development, land disturbing activity or use avoids further alterations, impacts or encroachment upon the critical area and its associated buffer; v) Measures to be implemented to avoid impacts to a critical area and its associated buffer functions; vi) Why no other responsible or practical alternative exists to achieve the applicant’s desired objective; and vii) The best management practices to be used.. 5) Five-year length of an approved application for an exemption. The written descriptionAn approved application for an exemption shall be valid for five years; provided, there is no significant change in the type or extent of the development, land disturbing activity or use. Once the development or use is completed, it can be continued. However, any other development, land disturbing activity or use shall require additional review by DCD. 6) Limitations on exemptions. All exemptions are subject to all of the following limitations:. ba) The development, land use activity or use cannotshall not further alter, impact, or encroach upon critical areas or their associatedcritical area buffers and no reasonable or practicable alternative exists.; cb) The development, land use activity or use cannotshall not further affect the functions of a critical area or its associated a critical area buffer, and no reasonable or practicable alternative exists to achieve the applicant’s desired objective;. dc) Best management practices mustshall be implemented to minimize impacts to critical areas and critical areatheir associated buffers during the activity.; ed) Disturbed critical areas and critical areatheir associated buffers mustshall be restored immediately after the activity is complete; and . f) Any impacts of the development, land disturbing activity or use to a critical area or a critical areaits associated buffer mustshall be mitigated, as approved by the administrator. 67) Authority of Tthe administrator. The administrator may has the authority to: a) Request additional information from an applicant to ensure compliance with exemption requirements, including special reports listed in Article IX of this chapter; b) Determine whether or not an application meets all the criteria for the exemptions listed; and c) Determine that the development, land disturbing activity, or use is closely allied or similar to any activity in the list in subsection (3) of this section, provided the activity does not impact the functions and values of any critical area or its associated buffer; and d) Take enforcement action under title 19 JCC for any development, land disturbing activity, development, or useaction undertaken on land located within or containing a critical area or a critical areaits associated buffer in Jefferson County that does not meet exemption requirements. [Ord. 5-20 § 2 (Appx. A)] The decisions in subsections (a), (b) and (c) of this subsection are Type I land use decisions under JCC 18.40.040. Appendix B - 10 18.22.240 Nonconforming uses and structures. 1) Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or critical area its associated buffer requirements of this chapter for any designated critical area shall be considered a legal nonconforming use. 2) Any use or structure for which an application has vested or for which a permit has been obtained prior to the effective date of this chapter, that does not meet the critical area buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use.Applicant who prove to the satisfaction of the administrator that the use or structure was legal prior to the effective date of this chapter may continue. 3) A legal nonconforming use or structure may be maintained or repaired or repaired as allowed by this chapter. This may include meeting and the nonconforming provisions of JCCJCC 18.20.260. [Ord. 5-20 § 2 (Appx. A)] 4) A legal nonconforming use or structure that has been damaged or destroyed may be restored to a lawfully established prior condition and the immediately previous use may be resumed in accordance with nonconforming provisions of JCC 18.20.260. 5) Nonconforming uses and structures in a critical area or its associated buffer that are under the jurisdiction of the Shoreline Management Act shall follow JCC 18.25.660 (Nonconforming development). 18.22.250 Buffer Vvariance types and criteria. 1) Application for a variance shall be made on forms approved by the administrator and shall contain all of the information required in JCC 18.40.100 and in this subsection: a) All applications for a variance shall include a restoration plan, habitat management plan or mitigation plan consistent with the provisions of Article IX (Special Reports) of this chapter. The application for a variance shall be processed pursuant to chapter 18.40 JCC (Application and review procedures). b) Applications for a variance under this section may be pursued only if buffer averaging is not feasible. Buffer averaging is not considered a variance. c) Applications for a Type I Variance or a Type III Variance shall satisfy all of the requirements in subsection 2) of this section.Requests for relief from the dimensional or performance standards of this chapter shall require a critical areas variance which shall be processed as a Type III permit; provided: 2) Variance criteria. Prior The hearing examiner in accordance with Chapter 2.30 JCC shall have the authority to the granting of a variance from the requirements of this chapter when, in the opinion of the hearing examiner,variance, the applicant shall demonstrate that all of the following criteria have been met: a) There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a varianceFailure to grant the variance would result in an extraordinary hardship to the applicant; b) The applicant has avoided impacts and provided mitigation to the maximum practical extentextraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant’s own action; c) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists; critical area buffer reduction proposed through the variance is the minimum necessary to accommodate the permitted use; Appendix B - 11 d) The Ggranting the variance willshall not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvements in the vicinity; e) The Ggranting of the variance is the minimum necessary to afford relief to accommodate a use allowed under ensure consistency with the Comprehensive PPlan, chapter 18.45 JCC, Land Use Districts, chapter 18.15 JCC, Jefferson County Shoreline Master Program (SMP), chapter 18.25 JCC, andor any attendant public service obligationsother applicable provisions of the Code; and f) The granting of the variance shall not materially compromise the goals and policies of the Comprehensive plan, the Code or be inconsistent with title 18 JCCNo other practicable or reasonable alternative exists. Proposal that does not meet the variance criteria may submit a reasonable use exception or a critical area stewardship plan (CASP). 3) In lieu of the criteria in subsections (2)(a) through (f) of this section, an applicant may pursue a critical area variance through proof of all of the following criteria: a) The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to the maximum practical extent; b) The variance will not adversely impact receiving water quality or quantity; c) The variance will not adversely impact any functional attribute of the critical area; d) The variance will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats; and e) The variance is based on the criteria and standards referenced in this chapter. [Ord. 5-20 § 2 (Appx. A)] 18.22.260 Reasonable economic use exceptions. If a proposal exceeds the FWHCA or wetland thresholds for a variance, the application of this chapter would deny all reasonable use of the property, or would otherwise constitute a taking under either the state or federal constitution, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a reasonable use exception as provided for in this chapter. Any reasonable use authorized under this section shall also be an allowed or conditional land use specified by chapter 18.15 Land Use Districts. For a reasonable use exception to be granted, the following criteria shall be met: 1) Permit applicants for a property so encumbered by critical areas or buffers that application of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all reasonable economic use may seek approval pursuant to the reasonable economic use standards and procedures provided in this section.An application for a critical area reasonable use exception shall be filed with the administrator and shall be considered by the Hearing Examiner as a Type III land use permit pursuant to chapter 18.40 JCC. The applicant may apply for a reasonable use exception without first applying for a variance if the requested exception would provide relief from standards for which a variance cannot be granted under this chapter (i.e. exceeds the maximum reduction permitted in each of the critical area protection standards). The property owner and applicant for a reasonable use exception have the burden of proving that the property is deprived of all reasonable uses. 2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this chapter would deny all reasonable economic use of the subject property, including agricultural use, use or development shall be allowed if it is consistent with the zoning code and the purposes of this chapter. 3) Even though a variance application is not required, To qualify as a reasonable economic use exception is a type of variance and shall meet the variance criteria found in JCC 18.22.250 to the maximum extent possible. In addition, approval of a reasonable use exception requires consistency , the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria listed in subsection (a) through f) of this section. Demonstration of consistency is burdened upon the applicant.: a) There is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or continuation of legal nonconforming uses applicant shall submit reports documenting the location of all the critical areas and their associated buffers. This information shall be identified on a site map to scale; Appendix B - 12 b) There is no feasible alternative to the proposed activities that will provideApplication of this chapter would deny all reasonable economic use of the propertywith less adverse impact on critical areas or buffers; c) Activities will be located as far as possible from critical areas and the project employs all reasonable methods to avoid adverse effects on critical area functions and values, including maintaining existing vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical areaThere is no other reasonable or practicable use of the property; d) The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plandevelopment does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; e) Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or surface water quality, or adversely affect drinking water supply; f) The proposed activities complydevelopment is consistent with the general purposes of this chapter and the public interest, and does not conflict with allapplicable state, local and federal laws; and , including those related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; g) The proposed activities will not cause damage to other properties; h) The proposed activities will not increase risk to the health or safety of people on or off the site; i) The inability to derive reasonable economic use of the property is not the result of segregating or dividing the property or creating the condition of lack of use; and j) The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the mitigation requirements of this chapter. [Ord. 5-20 § 2 (Appx. A)] f) The proposed alterations to regulated critical areas and their associated buffers are the minimum necessary to allow for reasonable use of the property. 3) Any authorized alteration of a critical area under this section may be subject to additional conditions established by the administrator and may require mitigation under an approved mitigation plan pursuant to Article IX (Special Reports). 18.22.270 Buffers Pphysically separationed and – F functionally isolatedion. 1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in subsection (2) of this section, cCritical areas buffers that are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from critical areas requirements buffers otherwise required byof this chapter. Physically separated and Ffunctional isolation can occur due to anthropogenic physical conditions such as an existing public roadsexisting impervious public road, or structures of sufficient size to eliminate buffer functions, vertical separating, or any other relevant physical characteristic. The administrator shall evaluate whether the interruption affects the entirety of the buffer. Individual structures that do not fully interrupt ecological functions and values or protective measures provided by the buffer functions shall be limited in scope to just the portion of the buffer that is affected. 2) Limitations on Functional Isolation. a) Functional isolation shall be limited to landslide hazard, wetland buffers and fish and wildlife habitat conservation areaFWHCA and their associated buffers only. b) Functional isolation shall not be used in geologically hazardous areas, critical aquifer recharge areas or frequently flooded areas. Appendix B - 13 3) Special Rreport Mmay Bbe Rrequired. The administrator may require a special report to determine whether a critical area and its associated buffer is functionally isolated. [Ord. 5-20 § 2 (Appx. A)] 18.22.280 Adaptive management. Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives and adjusts those programs. Management, policy, and regulatory actions are treated as experiments that are purposefully monitored and evaluated to determine whether they are effective and, if not, how they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive management program, Jefferson County, in support of this chapter, will:is an ongoing process of assessing critical area policies, regulations, and procedures; and this process is intended to identify ways of improving critical area policies, regulations, and procedures; and this process is intended to identify ways of improving critical area protection. Monitoring of process improvements leads to a feedback loop that can be used to continuously make improvements. Monitoring includes assessing if permits followed all applicable regulations, if regulations are implemented consistently over time, and if regulations are effectively resulting in no let loss of critical area functions. The county looks to improve processes, and as funding and staff allow, are interested in evaluating regulatory and nonregulatory actions affecting critical area protections. 1) Address funding for the research component of the adaptive management program; 2) Change course based on the results and interpretation of new information that resolves uncertainties; and 3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting critical areas protection and anadromous fisheries. [Ord. 5-20 § 2 (Appx. A)] Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing contamination from land uses that may contaminate groundwater is necessary to protect water supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WACWAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential natural functions and processes, especially for maintaining critical fish and wildlife habitat conservation areasFWHCA. [Ord. 5-20 § 2 (Appx. A)] 18.22.310 Classification/ and designation. Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C definitions. are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge. Critical aquifer recharge area maps shall be periodically revised, modified, and updated to reflect current information. The following classifications define critical aquifer recharge areas: 1) Susceptible aAquifer rRecharge aAreas. Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of a Hydrogeologic or an a critical aquifer recharge area special report authorized under this article, the following geologic units, as identified from available Washington State Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County: a) Alluvial fans (Ha); b) Artificial fill (Hx); Appendix B - 14 c) Beach sand and gravel (Hb); d) Dune sand (Hd); e) Floodplain alluvium (Hf); f) Vashon recessional outwash in deltas and alluvial fans (Vrd); g) Vashon recessional outwash in melt water channels (Vro); h) Vashon ice contact stratified drift (Vi); i) Vashon ablation till (Vat); j) Vashon advance outwash (Vao); k) Whidbey formation (Pw); and l) Pre-Vashon stratified drift (Py). 2) Special Aaquifer Rrecharge Pprotection Aareas. Special aquifer recharge protection areas include: a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as Marrowstone Island; b) Special protection areas designated by the Washington State Department of Ecology under Cchapter 173- 200 WAC; c) Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington State Department of Health under authority of Cchapter 246-290 WAC; d) Groundwater management areas designated by the Washington State Department of Ecology in cooperation with local government under Cchapter 173-100 WAC. 3) Seawater Iintrusion Pprotection Zzones (SIPZ). a) Seawater intrusion protection zones are: i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings. ii) All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ. b) High rRisk SIPZ. i) Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code. ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development proposed under this code. c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code. 4) Connate sSeawater Eexception. In some cases, high chloride readings may be indicative of connate seawater i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a Appendix B - 15 hydrogeologic evaluation demonstrates that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ. 5) Recommendation from the Jefferson County Public Health Department. When the status of an area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County department of Ppublic hHealth Department. [Ord. 5-20 § 2 (Appx. A)] 18.22.320 Applicability. This article applies to any development, land disturbing activity or use within critical aquifer recharge areas, unless the proposed activity meets any of the exemptions listed in JCCJCC 18.22.230 General exemptions. 1) Other Activities. The following activities, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article: a) All industrial and commercial land uses with the potential to impact groundwater; b) The following rural residential land uses: i) Those using a locally managed community sewage system; ii) Those using a large on-site sewage system meeting the management requirements of the Washington Department of Health; and iii) All planned rural residential developments. [Ord. 5-20 § 2 (Appx. A)] 18.22.330 Protection standards. The following protection standards shall apply to activities; provided, the activity is not prohibited in JCC 18.22.320. 1) General. The following protection standards shall apply to all development, land disturbing activities or uses within a CARA that have the potential to impact aquifers. These areas include geologic and hydrologic conditions that promote rapid infiltration or recharge waters to groundwater aquifers, which are vulnerable to contaminations. CARA are areas with a critical recharging effect on aquifers used for potable water. These include special aquifer recharge protection areas for protection of sole source of drinking water as designated by the federal or the state of Washington. 2) Critical Aquifer Recharge Area High Iimpact Activitiuses. The uses listed below are considered high impact uses and shall be prohibited in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. When high impact uses are proposed in areas classified solely as a suspectable aquifer recharge area or a special aquifer recharge area, a CARA report or hydrogeologic report that meets all of the requirements of JCC 18.22.930 shall be submitted to DCD for review and approval. a) Chemical manufacturing and processing; b) Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240(2)(h)(iv) and JCC 18.30.170(1) and an accepted special report on the CARA or hydrogeologic report); c) Dry cleaners; d) Electrical battery processing, reprocessing, or storage; e) Electroplating and metal coating activities; f) Hazardous substance disposal, storage, and treatment facilities; g) Junk and salvage yards; h) Landfills; i) Petroleum product refinement and reprocessing; j) Pipelines; Appendix B - 16 k) Radioactive disposal or processing of radioactive wastes; l) Recycling centers or recycling collection facilities as defined in JCC 18.10.180; m) Storage tanks (above or below ground) for hazardous substances or petroleum products; n) Tank farms; o) Waste piles as defined in WAC 173-303-660; and, p) Wood and wood products treatment or preserving.High Impact Activities Listed. The activities listed in Table 18.22.330(1) are high impact activities due to the probability or potential magnitude of their adverse effects on groundwater. Table 18.22.330(1) – Critical Aquifer Recharge Area High Impact Activities Critical Aquifer Recharge Area High Impact Activities Chemical manufacturing and reprocessing Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an accepted aquifer recharge area report) Dry cleaners Electrical battery processing, reprocessing or storage Electroplating and metal coating activities Hazardous substance disposal, storage, and treatment facilities Junk and salvage yards Landfills Petroleum product refinement and reprocessing Pipelines Radioactive disposal or processing of radioactive wastes Recycling centers or recycling collection facilities as defined in JCC 18.10.180 Storage tanks (above or below ground) for hazardous substances or petroleum products Waste piles as defined in WAC 173-303-660 Wood and wood products preserving b) High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer Recharge Area and a Special Aquifer Recharge Protection Area. High impact activities shall be prohibited in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. c) High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer Recharge Area Require a Critical Aquifer Recharge Area Report. When high impact activities are proposed for a susceptible aquifer recharge area, a critical aquifer recharge area report that meets all the requirements of JCC 18.22.930 shall be submitted to the department for review. Appendix B - 17 d) High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge Protection Area Require a Critical Aquifer Recharge Area Report. When high impact activities are proposed for a special aquifer recharge protection area, a critical aquifer recharge area report that meets all the requirements of JCC 18.22.930 shall be submitted to the department for review. 3) Other uses. The following uses, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article: a) All industrial and commercial uses with the potential to impact groundwater; b) All rural residential uses that meet one of the following; i) Uses with a locally managed community sewage system; ii) Uses with a large on-site sewage system meeting the management requirements of the Washington Department of Health; and, iii) All planned rural residential developments. 24) Seawater Iintrusion Pprotection Zzones. New development, redevelopment, and new land disturbing activities on islands and in close proximity to marine shorelines where there is a risk or a high risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater and /freshwater balance to the maximum extent possible, and are subject to the antidegradation policy in accordance with WAC 173-200-030 Antidegradation Policy). 35) Stormwater Ddisposal. a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in Cchapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge. b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline shallould be required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow Drainage Districtif this would destabilize unstable slopes. The administrator will consider requests for exceptions to this policy on a case-by- case basis;. The administrator may require a special report that indicates that infiltration of stormwater is unfeasible based on the hazards to slope stability provided a critical aquifer recharge area report that complies with all the requirements of JCCJCC 18.22.930, and demonstrates the project does not pose a threat of seawater intruding landward into aquifers, or other information (like the use of wells in the areas, availability of public water systems, or proximity to marine waters) when making this determination. 6) On-site sewage disposal. All land uses identified in JCC 18.22.320 that are within areas classified as both a special aquifer recharge protection area and a susceptible aquifer recharge area shall be reviewed by Jefferson County Environmental Public Health Department to ensure the nitrogen requirements in title 8 JCC are met. 47) Golf Ccourses and Oother Tturf Ccultivation. a) Golf courses shall be developed and operated in a manner consistent with the most current edition of “Best Management Practices for Golf Course Development and Operation,” King County dDepartment of dDevelopment and eEnvironmental sServices. b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of cultivated turf shall be operated in a manner consistent with portions of the aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply. Appendix B - 18 58) Above-Gground and Uunderground Sstorage Ttanks. a) Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent with the Washington Department of Ecology’s standards for construction and installation under Cchapter 173- 360A WAC. b) Above-ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment system, enclosing and underlying the tank; orand ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection. c) Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment system underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection. d) When required under this section, an impervious containment system must be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever is greater. 69) Mining and Quarrying. For mining and quarrying, required performance standards with groundwater protection best management practices pertaining to operation, closure, and the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where allowed, are contained in Cchapters 18.20 and 18.30 JCC. 710) Hazardous Substances. Activities that generate, handle, store, or use hazardous substances, which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington Department of Ecology under WACWAC 173-303-100 (Dangerous Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The hazardous substances management plan shall describe the following: a) How hazardous substance(s) willshall be managed in a manner consistent with Cchapter 8.10 JCC and Cchapter 173-303 WAC; b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC 8.10.100; c) Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and d) The secondary containment system to be used to prevent releases of hazardous substances to the ground, groundwater, and surface water. The facility owner must update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated. 811) Well Ddrilling, Ssubdivisions, and Bbuilding Ppermits in Seawater Intrusion Protection Zones (SIPZ). a) Well Ddrilling. The Washington State Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, mustshall be sited at least 100 feet from “known or potential sources of contamination,” which include “sea-salt water intrusion areas” (WACWAC 173-160-171), unless a variance is obtained from the Washington State Department of Ecology per WAC WAC 173-160-106. b) Subdivisions. Applications for land division (cChapter 18.35 JCC) in coastal, at risk, and high risk SIPZ mustshall include specific and conclusive proof of adequate supplies of potable water and the applicant must provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCCJCC 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water willshall not Appendix B - 19 cause degradation of the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant demonstrates that public water is available for the entire project. c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, the departmentDCD, in consultation with Jefferson County environmental public health department shallwill only allow land division on the island if public water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided. d) Building Ppermits. i) Evidence of potable water may be an individual well, connection to a public water system, or an alternative system. Whatever method is selected, the regulatory and operational standards for that method mustshall be met and the department will work in consultation with the Jefferson County public health department. Identification of well interference problems and impairment to senior rights is the responsibility of the Washington Department of Ecology. If the possibility of a problem is suspected, the local permitting authority should contact the Washington Department of Ecology, as required by RCWRCW 19.27.097. ii) All types of building permits that require proof of potable water use, as per RCW 19.27.097, are subject to this article. e) All of the following Vvoluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to applications for mitigating seawater intrusion apply to development are required within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in the following manner, in addition to all existing applicable health codes: i) Coastal SIPZ. A) Voluntary Actions. Voluntary actions may include but are not limited to: I) Water conservation measures; II) Ongoing well monitoring for chloride concentration; and III) Submittal of data to the countyDCD. B) Mandatory Aactions. I) For proof of potable water on a building permit application, applicant mustshall utilize DOHWashington State Department of Health-approved public water system if available; II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; and 2. Installation of source-totalizing meter (flow); III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. ii) At Risk SIPZ. A) Voluntary Aactions. Appendix B - 20 I) Water conservation measures. B) Mandatory Aactions. I) For proof of potable water on a building permit application, the applicant mustshall utilize a Washington Department of Health-approved public water system if available; II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; 2. Installation of a source-totalizing meter (flow); and III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. iii) High Rrisk SIPZ. A) Mandatory Aactions. I) Water conservation measures; II) For proof of potable water on a building permit application, applicant mustshall utilize a Washington Department of Health-approved public water system if available; III) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may only be used as proof of potable water subject to the following requirements: 1. Variance from the WAC Ttitle 173 WAC standards granted by the Washington State Department of Ecology per WACWAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WACWAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCCJCC 18.22.930(2)(b); 2. For an existing groundwater well not subject to a Washington State Department of Ecology variance, the applicant mustshall provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCCJCC 18.22.930(2)(b), which shall be transmitted to the Washington State Department of Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest; 3. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; 4. If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations; 5. Installation of a source-totalizing meter flow; 6. Ongoing well monitoring for chloride concentration; and Appendix B - 21 7. Submittal of flow and chloride data to the county per monitoring program; and IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply willshall be required for all lots in the project. 912) Mitigating Cconditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and to ensure that the subject land or water use action will not pose a risk of significant adverse groundwater quality impacts. The determination of significant adverse groundwater quality impacts will be based on the antidegradation policy included in Cchapter 173-200 WAC. 13) Quilcene-snow water resource inventory area (WRIA 17) in-stream flow rule. All applications required to provide proof of potable water or source water approval shall meet all county and state requirements, including WRIA 17 in-stream flow rule in chapter 173-517 WAC at the time of application. All applications involving water use shall be reviewed by the Jefferson County Public Health Department for compliance with county and state requirements. 1014) Results of Department’s RDCD’s review of a special report on a Ccritical Aaquifer Rrecharge Aarea Report, a Hhydrogeologic Eevaluation or a Hhazardous Ssubstances Mmanagement Pplan. The applicant shall submit department shall review a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances management plan to be reviewed by the County and DCD shalland either: a) Accept the special report on a critical aquifer recharge area report, thea hydrogeologic evaluation or thea hazardous substances management plan and approve the application; or b) Reject the special report on a critical aquifer recharge area report, thea hydrogeologic evaluation or thea hazardous substances management plan and require revisions or additional information. 115) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts. [Ord. 5-20 § 2 (Appx. A)] Article IV. Frequently Flooded Areas 18.22.400 Purpose. The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to people, both public and private property, property, infrastructure, and federally-listed species and to ensure compliance with Federal Emergency Management Agency (FEMA) requirements. [Ord. 5-20 § 2 (Appx. A)] 18.22.410 Classification/ and designation. Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on the Federal Emergency Management Agency’s Flood Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. [Ord. 5-20 § 2 (Appx. A)] 18.22.420 Applicability. These standards apply to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in Cchapter 15.15 JCC. The flood damage prevention ordinance (Cchapter 15.15 JCC) conforms with the intent of the minimum guidelines (WACWAC 365-190-110(1)) through directly considering the Appendix B - 22 effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. For purposes of this article, “development” is defined as any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics. [Ord. 5-20 § 2 Appx. A)] 18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and additional requirements. This articlechapter incorporates by reference the classification, designation and protection provisions contained in the Jefferson Ccounty flood damage prevention ordinance (Cchapter 15.15 JCC) with the following additions: 1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (Cchapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with the Federal Emergency Management Agency FEMA) regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage prevention ordinance (Cchapter 15.15 JCC). 2) Compliance with Nnational Mmarine Ffisheries Sservice Bbiological Oopinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to federally listed fish and wildlife habitat as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS)). 3) Habitat Aassessment Rrequirements. a) A habitat assessment that meets all the requirements of JCCJCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special flood hazard area floodplain), as mapped by the Federal Emergency Management Agency (FEMA). b) The administrator may request federal assistance in reviewing the submitted habitat assessment. c) The administrator may waive the requirement to submit a habitat assessment only if: i) The entire proposal meets one of the exemptions listed in Cchapter 15.15 JCC; and does not require a state hydraulic permit; ii) The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act); iii) A habitat assessment previously has been prepared and the proposed project clearly fits within the nature and scope of that habitat assessment; or iv) If FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. [Ord. 5-20 § 2 (Appx. A)] Article V. Geologically Hazardous Areas 18.22.500 Purpose. The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized thatSince the elimination of all risk from geologic hazards is not feasible to achieve, but the purpose of this article is to reduce the risk to acceptable levels. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 23 18.22.510 Classification/ and designation. 1) Geologically hazardous areas have the same meaning as in JCC 18.10.070 G definitions.are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. Unless specifically noted below, principal sources of geologically hazardous areas mapped information are the Washington Department of Natural Resources Geologic Hazard Maps (https://dnr.wa.gov/washington-geological-survey/geologic-hazards-and- environment/geologic-hazard-mapshttps://www.dnr.wa.gov/programs-and-services/geology/geologic- hazards/geologic-hazard-maps). 2) Geologically hazardous area classification and designation. (1) The following classification and designation criteria are considered when classifyingare geologically hazardous areas and subject to the standards of this article when mapped as high or moderate geologically hazardous areas: aa) Erosion hazard areas (as defined in JCCJCC 18.10.050). bb) Landslide hazard areas (as defined in JCCJCC 18.10.120). Landslide hazard areas include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, as follows: ii) Areas of historic failures, such as: AA) Areas delineated by United States Department of Agriculture, Natural Resources Conservation Service as having a significant limitation for building site development; BB) Coastal areas mapped by the Washington State Department of Ecology Coastal Atlas as unstable, unstable old slides, and unstable recent slides; or CC) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or landslide hazards by the Washington State Department of Natural Resources or the United States Geological Survey. ii) Composite layer produced from the SCS Soils source coverage for soil types in Eastern Jefferson County, the Department of Ecology Coastal Zone Atlas of Jefferson County, and a review of topographic contours indicating steep slopes. This composite layer does not give detailed attributes, but it does give an attribute with a rating factor which is a weighted probable problem rating based on severity of slope. iiiii) Areas where all three of the following conditions occur: AA) Slopes are steeper than 15 percent; BB) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and CC) Spring or groundwater seepage. iiiiv) Areas that have shown movement during the Holocene epoch (from 10,000 years ago to present) or have been underlain or covered by mass wastage debris of this epoch. ivv) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials. vvi) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking. vivii) Areas that are potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones. viiviii) Areas that show evidence of, or are at risk from, snow avalanches. Appendix B - 24 viiiix) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding. ixx) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of bedrock. cc) Seismic hazard areas (as defined in JCCJCC 18.10.190). Seismic areas are areas subject to damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, and tsunamis (as defined JCC 18.10.200). d) Channel migration zones (CMZs) (as defined in JCC 18.10.030). e) Seiche and landslide generated wave hazard areas (as defined in JCC 18.10.190). f) Tsunami hazard areas (as defined in JCC 18.10.200). g) Other geologic events, such as coal mine hazards and volcanic hazards, are not a known risk in Jefferson County, and are therefore not subject to review as part of the permitting process. [Ord. 5-20 § 2 (Appx. A)] 18.22.520 Applicability Any development, land disturbing activity or use within a geologically hazardous area or its associated buffer shall be subject to the provisions of this article, unless specially exempted in JCC 18.22.230. Regulated activities. 1) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area shall: a) Comply with the requirements in an approved geotechnical report when one is required, including application of the largest buffer or building setback; b) Utilize best management practices (BMPs) and all known and available technology appropriate for compliance with this chapter and typical of industry standards; c) Prevent collection, concentration or discharge of stormwater or groundwater within an erosion or landslide hazard area and be in compliance with JCC 18.30.070, Stormwater management standards; and d) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or landslide hazards. 2) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area shall not: a) Result in increased risk of property damage, death or injury; b) Cause or increase erosion or landslide hazard risk; c) Increase surface water discharge, sedimentation, slope instability, erosion or landslide potential to adjacent downstream and down-drift properties beyond predevelopment conditions; d) Adversely impact wetlands, fish and wildlife habitat conservation areas or their buffers; or e) Be identified as a critical facility necessary to protect public health, safety and welfare. This includes, but is not limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing homes, and hazardous material storage or production. [Ord. 5-20 § 2 (Appx. A)] 18.22.530 Protection standards. Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. 1) General standards for erosion hazard and all landslide hazard (slight, moderate and high) a) Clearing, Ggrading and Vvegetation Rremoval. ai) Within land slide hazard areas only Mminor pruning of vegetation for view enhancement may be allowed through consultation with the departmentDCD. The thinning of limbs on individual trees is preferred to topping of trees for view corridors. Total buffer thinning shall not exceed 25 percent and no more than 30 percent of the live tree crowns shall be removed. Appendix B - 25 bii) Vegetation shall not be removed from a high or moderate landslide hazard area, except for hazardous trees based on review by a qualified arborist or as otherwise provided for in a vegetation management and restoration plan as determined by DCD. ciii) Development, land use activity, or use shall not be allowed in high or moderate landslide hazard areas or their associated buffers unless a geotechnical report or engineered stormwater plan (special report) demonstrates that building within a landslide hazard area will provide protection commensurate to being located outside the landslide hazard area and meets the requirements of this section. This may include proposed mitigation measures. iv) Seasonal Restrictions. Clearing and grading shall be limited to the period between May 1st and October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. dv) Only the clearing necessary to install temporary erosion control measures will be allowed prior to clearing for roads and utilities construction. evi) The faces of cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. fvii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits. gviii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances for the serving utility corridor. 2b) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological assessment may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP forest practices applicationconversion option harvest plan pursuant to JCC 18.20.160. 3c) The departmentDCD may also require: ai) Clustering of development to increase protection to geologically hazardous areas; or bii) Enhancement of buffer vegetation to increase protection to geologically hazardous areas. 4d) The provisions in this section are in addition to those required in JCCJCC 18.30.060, Grading and excavation standards, and JCCJCC 18.30.070, Stormwater management standards. 5e) If there is a conflict between applicable published standards, the more restrictive protection requirement applies. 6f) Drainage and Erosion Control. ai) An applicant submitting a project application shall also submit, and have approved, a stormwater site plan that meets all the requirements of JCCJCC 18.30.070(4)(e), when the project application involves either of the following: iA) The alteration of a high or moderately landslide hazard areahigh geologically hazardous area or its critical area buffer; or iiB) The creation of a new parcel within a high or moderately high geologically hazardous landslide hazard area; and bii) Shall discuss, evaluate, and recommend methods to minimize sedimentation of adjacent properties during and after construction. Appendix B - 26 ciii) Surface drainage shall not be directed across the face of a marine bluff that is mapped as high or moderate erodible or susceptible to landslide or debris flow. The applicant must demonstrate that the stormwater discharge cannot be accommodated on site or upland by evidence presented in a geological assessment as required by JCCJCC 18.22.945, unless waived by the administrator. If drainage mustshall be discharged from a bluff to adjacent waters, it shall be collected above the face of the bluff and directed to the water by tight line drain and provided with an energy dissipating device at the shoreline, above the ordinary high water mark (OHWM). div) The applicant mustshall clearly demonstrate in the geological assessment that stormwater quantity, quality, and flow path post-construction will be comparable to pre-construction conditions. v) Stormwater conveyance through a properly designed stormwater pipe when no other stormwater conveyance alternative is available. The pipe shall be located above ground and be properly anchored or designed so that it will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity. 7g) Vegetation Rretention requirements within a geologically hazardous area and its associated buffer. Compliance with all of Tthe following provisions regarding vegetation retention is required shall apply: ai) During clearing for roadways and utilities, all trees and understory vegetation lying outside of approved construction limits shall be retained to the maximum extent practicable; bii) Clearing limits, as shown on the approved site plan, shall be marked by orange construction barrier fencing to be installed prior to beginning any clearing, grading, or other land-disturbing activities; ciii) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation within the high or moderate geologicallylandslide hazardous area or its critical area buffer, but outside the marked clearing limits, shall be retained. Cleared vegetation shall not be placed within a high or moderate geologicallylandslide hazardous area unless it is used as part of a mitigation plan consistent with other critical area mitigation provisions, is reviewed by the geotechnical professional, and is approved by the administrator; and div) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal outside of a high risk CMZ shall not be reviewed under this article. Should this provision conflict with other vegetation retention requirements specified elsewhere within this title, the more restrictive protection requirement applies. 82) ErosionLandslide hazard buffers for high and moderate landslide hazardand Landslide Hazard Development Standards. a) Development activities or actions requiring project permits or clearing shall not be allowed in landslide hazard areas unless a geotechnical report demonstrates that building within a landslide hazard area will provide protection commensurate to being located outside the landslide hazard area and meets the requirements of this section. This may include proposed mitigation measures. b) Top of Sslope Bbuilding Ssetback. All development activities or actions that require project permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to 25 feet beyond the top of slope, with an additional minimum 15-foot building and impervious surface setback, unless otherwise allowed through a geologic assessment. The minimum building and setback shall be increased from the top of the slope as follows: i) For high landslide hazard areas, the setback shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet. ii) For moderate landslide hazard areas, the setback shall be 40 feet from the top of slope. Appendix B - 27 b) Building setback from toe of slope. The setback shall be equal to half the height of the slope (1:1 horizontal to vertical) plus 15 feet (per IBC 1808.7). c) Larger native vegetation width may be required. DCD may require a larger native vegetation width than the standard buffer distance as determined above if any of the following are identified through the geological assessment process: i) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; ii) The area has a severe risk of slope failure or downslope stormwater drainage impacts; or iii) The minimum native vegetation width or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion or landslide hazard area. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback. d) Reducing buffer widths. The administrator may reduce geologically hazardous area buffers as follows: i) Buffers may be reduced with a geotechnical report prepared by a geotechnical professional with a state stamp; provided, the geotechnical report identifies recommendations for preventing or minimizing risks post-development. The geotechnical report should at a minimum include: the marking of the top or toe of the slope adjacent to the proposed development, land disturbing activity, or use; the setback of structures from the landslide hazard area; the limits to removal of natural vegetation; the location of septic system and other utilities; limits to the timing of land disturbing activity and construction; and the location and method of stormwater management; unless waived by the administrator. ii) The administrator may require a third-party review based on JCC 18.22.930 or the applicant enters into an indemnity and hold harmless agreement with the county that is approved by the county’s risk manager and the prosecuting attorney. If the administrator requires a third-party review of the geotechnical report, the administrator shall be responsible for identifying and transmitting the geotechnical report to the third-party reviewer. e) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area and to reduce risks to public safety and welfare. Information that may be used to support this determination, includes but is not limited to: i) The landslide area is unstable and active; ii) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively protect the proposed project from the risks posed by the landslide hazard area; and iii) The adjacent land has minimal vegetative cover. f) With the exception of engineered tight-lines for stormwater, new utility lines are allowed within a moderate or high landslide hazard or its associated buffer through a critical area variance under JCC 18.22.250. Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population. This would include finding and recommendations in the geotechnical report that the proposed development will not impact the slope stability of the slope of the surrounding area. g) New access roads are allowed within a moderate or high landslide hazard or its associated buffer through a variance. Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazardous areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations Appendix B - 28 from technical standards for width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required. h) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity, or uses and to provide notice of the location of buffers, DCD may require any of the following: i) Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity; ii) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers; iii) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers; or iv) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the landslide hazard areas are not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their associated buffers. 9) Geotechnical Report for Toe of Slope Building Setback May Be Required. A geotechnical report may be required based on slope height and stability indicators. 10) Larger Native Vegetation Width May Be Required. The department may require a larger native vegetation width than the standard buffer distance as determined above if any of the following are identified through the geological assessment process: a) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; b) The area has a severe risk of slope failure or downslope stormwater drainage impacts; or c) The minimum native vegetation width or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion or landslide hazard area. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback. 113) Seismic Hazard Development Standards. a) Development activities or actions requiring a project permit occurring within 200 feet of a “high hazard” seismic hazard area may be allowed with an approved geotechnical report that confirms the site is suitable for the proposed development and addresses any fill or grading that has occurred on the subject parcel. b) Development activities or actions requiring a project permit within a seismic hazard area shall be in accordance with JCC Title 15. 12) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows: a) Buffers may be reduced by up to 25 percent with a geotechnical report prepared by a geotechnical professional with a state stamp; provided, the geotechnical report identifies recommendations for preventing or minimizing risks post-development. b) All buffer reductions 25 percent or greater and all development within a high or moderate geologically hazardous area shall require a geotechnical report prepared by a geotechnical professional. The administrator may require a third-party review based on JCC 18.22.930 or the applicant enters into an indemnity and hold harmless agreement with the county that is approved by the county’s risk manager and the prosecuting attorney. If the administrator Appendix B - 29 requires a third-party review of the geotechnical report, the administrator shall be responsible for identifying and transmitting the geotechnical report to the third-party reviewer. 13) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area and to reduce risks to public safety and welfare. Information that may be used to support this determination, includes but is not limited to: a) The landslide area is unstable and active. b) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively protect the proposed project from the risks posed by the landslide hazard area. c) The adjacent land has minimal vegetative cover. 14) Landslide Hazard Areas – Additional Standards. The following activities may be allowed in active landslide hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated with landslide hazards, and when the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose: a) The standards of subsection (1) of this section shall apply. b) Developments that will not increase the threat to the health or safety of people and will not increase potential for landslides on or off the site and meet the reasonable economic use exception in JCC 18.22.260. c) Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population. d) Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazard areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required. e) Stormwater conveyance through a properly designed stormwater pipe when no other stormwater conveyance alternative is available. The pipe shall be located above ground and be properly anchored or designed so that it will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity. 153) Seismic and tsunami Hhazard Aareas protection – Sstandards. Development may be allowed in seismic hazard areas when all of the following apply: a) Seismic hazard areas protection standards. ai) The placement of buildings or structures meet the requirements of title 15 JCCstandards of subsection 1) of this section shall apply. bii) Critical facility necessary to protect public health, safety and welfare shall be allowed only when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to these facilities from earthquakes. This includes, but not limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing homes, and hazardous material storage or productionStructures in seismic hazard areas shall conform to applicable analysis and design criteria of Chapter 18.15 JCC. Appendix B - 30 ciii) Public roads, bridges, and utilities, and trails shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, and facilities will not be susceptible to damage from seismically induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or another appropriate document. b(16) Tsunami Hhazard Aareas protection – Sstandards. ai) Public roads, bridges, utilities, and public facilities shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, and public facilities will not be susceptible to damage from inundation.The standards of subsection (1) of this section shall apply. bii) For development within tsunami hazard areas the proposed development shall be designed to provide protection from the tsunami hazard that meets the projected hazard on the Washington State Department of Natural Resources Tsunami Inundation Maps. ciii) For other low-lying coastal areas not included on the inundation maps, development shall be designed to provide protection for debris impact and an inundation as determined by current Washington State Department of Natural Resource modeling, unless other measures can be shown to provide equal or greater protection. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 31 18.22.540 Required assessments and reports. 1) Map Review. The Jefferson County geologically hazardous areas maps (erosion, landslide, and seismic) provide an indication of where potential geologically hazardous areas are located within the county. The department will complete a review of the map to determine if the proposed activity is located within a hazard area. 2) When a Geological Assessment Is Required. A geological assessment shall be required when the proposed activity is located within a potential hazard area. 3) Work Must Be Performed by a Geotechnical Professional. A geotechnical professional, as defined in JCC 18.10.070, shall complete a field investigation and geological assessment to determine whether or not the site for the proposed activity is affected by the geologic hazard, as provided in subsection (4) of this section. 4) Geological Assessment Types. The geological assessment shall be submitted in the most applicable form as follows: a) A geological letter. When the geotechnical professional finds that no moderate or high hazard area exists within 200 feet of the site, a stamped letter may be submitted demonstrating those findings; b) A geological report. When the geotechnical professional finds that a moderate or high geologically hazardous area exists within 200 feet of the site, but will not impact the site or need engineering design recommendations; c) A geotechnical report. When the geotechnical professional finds that a moderate or high geologically hazardous area exists within 200 feet of the site, and will require engineering design recommendations or other mitigation measures necessary in order to construct or develop within the geologically hazardous area. 5) The department shall review the geological assessment and either: a) Accept the geological assessment and approve the application; or b) Reject the geological assessment and require revisions or additional information. [Ord. 5-20 § 2 (Appx. A)] 18.22.550 Recording and disclosure. 1) The following information shall be included in a notice to title that must be signed, notarized, and recorded with the county auditor prior to permit issuance for development in a geologically hazardous area requiring a geotechnical report: a) An abstract and description of the specific types of risks identified in the geotechnical report; b) A statement that the owner(s) of the property understands and accepts the responsibility for the risks associated with developments on the property given the described condition, and agrees to inform future purchasers and other successors and assignees of the risks; and c) A statement that the owner(s) of the property acknowledge(s) that this chapter does not create liability on the part of Jefferson County or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter. 2) Expiration of Geotechnical Reports. Unless there are documented significant changes, modifications, or other geologic events to render an existing geotechnical report invalid, an existing report shall be considered valid. Validity shall be examined upon submittal of proposed developments or every five years, whichever is later. 3) Geologically Hazardous Areas – Marking Limits. The limits (or outer extent) of a geologically hazardous area shall be marked on site as follows: a) High or moderately high geologically hazardous areas shall be identified and staked by a geotechnical professional. For landslide hazards, the top or toe of slope closest to the proposed activity shall be marked. For Appendix B - 32 erosion hazards, seismic hazards, and high-risk channel migration zones, the extent of the geologically hazardous area closest to the proposed activity shall be staked on site. b) Stakes shall be installed and marked as necessary to clearly identify the geologically hazardous areas present; provided, the distance between each of the stakes shall not exceed 50 feet. c) Staked limits of the geologically hazardous area shall remain on site based on the type of application, as follows: i) Stakes for building or septic applications shall remain in place until a final building certificate of occupancy for a building permit or a final for a septic permit is issued. ii) Staking for a subdivision, a planned rural residential development, a binding site plan, or a rezone shall remain in place until a final county approval is issued. If, at the time of subsequent building, septic, or other land use application, the stakes are no longer in place, the administrator may require restaking of the geologically hazardous area by the project geotechnical professional. iii) Staking for any other application requiring land use review shall remain in place until the department of community development has made a site visit to review the staking relative to property boundaries and proposed activities, as shown on a submitted site plan. d) The staked location of the on-site geologically hazardous areas shall be shown on a site plan submitted with an application. e) If more than one geologically hazardous area is present, only the most restrictive geologically hazardous area area closest to the proposed activity) shall be staked by the geotechnical professional. 4) Buffer Marking. The location of the outer extent of geologically hazardous area buffers shall be marked in the field as follows: a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an application. b) Geologically hazardous area buffers shall be staked on site prior to beginning any clearing, grading, or other land-disturbing activities. The administrator may waive this requirement if all development activities are outside of the geologically hazardous area buffer. c) The administrator may require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the proposed activity is proposed on public lands. [Ord. 5-20 § 2 (Appx. A)] Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.600 Purpose. The purposes of this article are to: 1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources. 2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams and their associated riparian areas, corridors for Washington State Department of Fish and Wildlife (WDFW) Priority Species, state or federally listed species and the ecosystem processes on which these areas depend. 3) Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized. 4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat and ensure no net loss of such important habitats, including net losses through cumulative impacts. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 33 18.22.610 Classification/ and designation. Fish and wildlife habitat conservation areas (FWHCAs) are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. FWHCAs may include, but not limited to, those areas identified as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife or plants, or designated habitats and species of local importance. rare or vulnerable ecological systems, communities, habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and, areas with high relative population density or species richness. FWHCAs does not include such artificial features or structures as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district, a drainage district, or an irrigation district or company. 1) The following are designated as fish and wildlife habitat conservation areaFWHCAs: a) Areas where federally listed species (endangered and threatened) and state-listed species (endangered, threatened, and sensitive species) have a primary association. b) Areas where federally listed species (endangered and threatened) and candidate species as listed on WDFW Priority Habitats and Species (PHS) program have a primary association and the administrator determines they should be designed as FWHCAs; bc) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (Cchapter 76.09 RCW and WAC Ttitle 222 WAC).; dc) Commercial and recreational shellfish areas.; ed) Kelp and eelgrass beds.; fe) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas.; gf) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat.; hg) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.; hi) State natural area preserves, natural resource conservation areas, and state wildlife areas; and. ji) Species and habitats of local importance designated pursuant to the process delineated in Article IX Special Reports) of this chapter. 2) Designated fish and wildlife habitat conservation areaFWHCAs and their associated buffers that are within shoreline jurisdiction are regulated under the shoreline master program in Cchapter 18.25 JCC, and in circumstances where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall prevail. [Ord. 5-20 § 2 (Appx. A)] 3) Sources for identification. The following sources should be used to identify potential FWHCA locations. These maps are informational only and site evaluations by a qualified professional or wildlife biologist shall be used to determine compliance with this article. Sources include, but are not limited to: a) Jefferson County Critical Areas mapping; b) Washington State Department of Natural Resources (DNR) interim Forest Practice Water Typing in WAC 222-16-030; c) Washington State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD). d) Washington State Department of Fish and Wildlife, Priority Habitats and Species maps and lists; e) Washington State Department of Fish and Wildlife, forage fish spawning maps; Appendix B - 34 f) Washington State Department of Ecology, Coastal Atlas online mapping; g) United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation; h) United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service Species and Habitat App; and, i) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map. 18.22.620 Regulated activitiesApplicability. 1) Any land use or development, land disturbing activity or use in a FWHCA or its associated buffer activity that is subject to a development permit or approval requirements of this code shall be subject to the provisions of this article. These include, but are not limited to, the following activities and, in certain circumstances, activity allowances, that are directly undertaken or originate in a FWHCA, unless otherwisespecially exempted under JCCJCC 18.22.230. 1) Stream Crossings. Any private or public road expansion or construction which is proposed and must cross streams classified within this article shall comply with the following minimum development standards: a) The design of stream crossings shall meet the requirements of the Washington Department of Fish and Wildlife. Fish passage shall be provided if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible. b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists; c) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high water marks, provided no other reasonable alternative placement exists; d) Crossings shall serve multiple properties whenever possible; and e) Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. 2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the following standards: a) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. b) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements; that there are no other practicable alternatives available; and construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed. c) New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place. d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat areas. i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side. ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period. e) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used. f) Utilities should follow best management practices for avian protection. 3) Bank Stabilization. a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures, public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of Appendix B - 35 fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment. b) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master program, geologically hazardous areas provision in this chapter, and the flood damage prevention ordinance. 4) Gravel mining. 5) Forest practices, Class IV general and conversion option harvest plans. 6) Road/Street Expansion and New Construction. Any private or public road or street expansion or construction may be allowed in a FWHCA provided it complies with the following minimum development standards: a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; b) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and c) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level of service requirements. 7) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly affect the function of the FWHCA (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs. a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat; or d) Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles. 8) Chemical application or storage. 9) Land division, land use permits and land alteration (such as excavation, dredging, grading, or filling). 10) Modification of hydrologic regime or conditions (including placement of obstructions or impediments to natural water flow or movement). 11) Agricultural activities – see Article VIII of this chapter, JCC 18.22.800. 12) Vegetation removal or alteration (could include but is not limited to clearing, harvesting, shading, intentional burning, use of herbicides/pesticides, or planting vegetation that alters the character of the regulated area; provided, the activity is not exempt under JCC 18.22.230). Minor pruning may be allowed provided it is consistent with JCC 18.22.530(1)(a) and (b). 13) Relocation of streams, or portions of streams, may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and will not diminish the flow capacity of the stream or other natural stream processes; provided, the relocation meets state hydraulic project approval requirements and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW. Ord. 5-20 § 2 (Appx. A)] 18.22.630 Protection standards. 1) General. An application for development, land disturbing activity or use a project on a parcel of real property containing a designated FWHCA or its associated buffer shall adhere to all of the requirements set forth belowin this section. 2) Types of special reports for FWHCA. When a development, land disturbing activity or use is proposed on lands which may contain a FWHCA or its associated buffer, an on-site habitat evaluation may be required to determine if a FWHCA or its associated buffers occur in the project area. When required by this section, an applicant shall submit a report documenting the results of an on-site habitat evaluation conducted by a qualified professional or wildlife biologist pursuant to the special report requirements found in Article IX (Special Reports) of this chapter for review and approval by DCD. Based on the results of the on-site evaluation, a special report shall be prepared by a qualified professional or wildlife biologist and shall be one of the following: Appendix B - 36 a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation determines that no regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based on requirements presented in Article IX (Special Reports) of this chapter; b) Habitat management plan. This type of report shall be used if the field evaluation determines that any portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter; c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by a qualified professional, agency with jurisdiction, or wildlife biologist. The plan shall be reviewed and approved by DCD; d) Dive survey. If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. The results of the survey shall be described in a special report and supported by photos taken underwater; or e) Use of best available information. If the potential FWHCA is located off of the property involved and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.Drainage and Erosion Control. In addition to complying with the stormwater requirements of Chapter 18.30 JCC, the applicant must clearly show that stormwater quantity, quality, and flow path post-construction will be comparable to pre-construction conditions. 3) Grading. An applicant submitting a project application shall also submit, and have approved, a grading plan, as specified in Chapter 18.30 JCC. 43) Vegetation Rretention required within a FWHCA or its buffer. Compliance with all of Tthe following provisions regarding vegetation retention is requiredshall apply: a) Vegetation within a FHWCAs or its associated buffers shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA or an associated buffer shall be approved by DCDrequire review and approval by the department. b) Altering the habitat conditions (existing functions and values) of a FWHCAs or its associated buffers without prior review and approval by the departmentDCD is prohibited. c) During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within a FWHCA or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits.All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be pruned. d) Damage to a FWHCAs and its associated buffer from land disturbing activityvegetation retained during initial clearing activities shall be minimized by installing temporary construction fencing before grading near the buffers, and thedirectional felling of trees away from these areasto avoid critical areas and vegetation to be retained. 54) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity or use and to provide notice of the location of buffers, DCD may require any of the following: Appendix B - 37 a) Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity; b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers; c) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers. d) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the FWHCA is not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their potential associated buffers. 5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with the followingthis chapter based on all of the following requirements: a) GeneralBuffers Generally. i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect the integrity, functions, and values of the resource, consistent with the requirements in Tables 18.22.630(1) and JCC 18.22.630(2) of this section. ii) A building setback line of five feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas and buffers. iii) Utilities including sewer lines and on-site sewage systems may be permitted in FWHCA buffers only when no practicable or reasonable alternative location is available. ivii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation (as outlined in JCC 18.22.230(3)(q)) to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished. iv) Lighting shall be directed away from the FWHCA. vi) The administrator shall have the authority to increase a buffer width, if supported by appropriate documentation showing the increase is needed to protect the functions and values of the FWHCA. vii) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the activity is proposed on public lands. b) PrescriptiveStandard buffers for FWHCAs Buffers. i) The standard buffer widths required by this article are considered to be the minimum required to protect the FWHCA/stream functions and values at the time of the proposed development, land disturbing activity or use. When a buffer lacks adequate vegetation to protect critical area functions, the administrator may require additional documentation before allowing a proposal for buffer reduction or buffer averaging. ii) The standard buffer shall be measured landward horizontally on both sides of the stream from the ordinary high water mark (OHWM). Channel migration zone (CMZ), or from the outer edge of the FWHCA as identified in the field. Nevertheless, the required buffer shall include any adjacent regulated wetland(s), landslide hazard areas or erosion hazard areas and required buffers but shall not be extended across paved roads or other lawfully established structures or hardened surfaces. The following standard buffer width requirements are established for streams; provided, portions of streams that flow underground may be exempt from these buffer standards at the administrator’s discretion when it can be demonstrated that no adverse effects on aquatic species will occur. Appendix B - 38 Table 18.22.630(1): Stream Buffers* Stream Type Buffer RequirementWidth feet) Type “S” – Shoreline Streams 150 feet Type “F” – Fish BearingHabitat Streams: Urban Growth Areas: LAMIRDs: Other (Rural) Areas: 150 feet 150 200 Type “Np”– Non-Fish BearingHabitat Perennial Streams 75 feet100 Type “Ns” – Non-Fish BearingHabitat Seasonal Streams greater than or equal to 20% grade 75 feet100 Type “Ns” – Non-Fish Bearing Seasonal Streams less than 20% grade 50 feet Note: a) The buffers above shall apply to culverted streams. b) The buffers above shall not apply to lawfully established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result in buffers being required. c) Stream type shall be determined using the criteria in WACWAC 222-16-030, or as amendedoutlined in JCC 18.22.620(3). iii) Buffers for Othernon-stream FWHCAs. The administrator shall determine appropriate buffer widths for othernon-stream FWHCAs based on the best available information. Buffer widths for non-stream FWHCAs habitat conservation areas shall be as follows in Table 18.22.630(2): Table 18.22.630(2): BRequired buffers for Othernon-stream FWHCAs FWHCA Type Buffer RequirementWidth (feet)1 Areas where federally listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a primary association Buffers shall be 150 feet; provided, local and site specific factors shall be taken into consideration and the buffer width based on the best available information concerning the species/habitat(s) in question or the opinions and recommendations of a qualified professional with appropriate expertise.150 from edge of FWHCA Commercial and Recreational Shellfish Areas Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore.150 Native Kelp and Native Eelgrass Beds (No buffer for non-native kelp and non-native eelgrass beds) Buffers apply to areas where native kelp and eelgrass species occur only, and buffers shall extend 22 feet from each patch. There is no buffer for nonnative kelp and eelgrass beds.25 from each patch Surf Smelt, Pacific Herring, and Pacific Sand Lance Spawning Areas Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore.150 Non-Shoreline Natural Ponds and Lakes (Under 20 Acres)2 (along with any submerged aquatic beds serving as fish or wildlife habitat) Lakes and ponds that have a direct surface connection to a fish- habitat stream segment Lakes and ponds that have a direct surface connection to a non- fish-habitat stream segment Other lakes and ponds Ponds under 20 acres – buffers shall extend 50 feet from the ordinary high water mark. Lakes 20 acres and larger – buffers shall extend 100 feet from the ordinary high water mark; provided, where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply.200 Appendix B - 39 FWHCA Type Buffer RequirementWidth (feet)1 100 50 Shoreline Natural Ponds and Lakes (20 Acres and Larger) (along with any submerged aquatic beds serving as fish or wildlife habitat) 100 Natural Area Preserves Natural Resource Conservation Areas3 Buffers shall not be required adjacent to these areas. These areas are assumed to encompass the land required for species preservation.Not applicable Game Fish Planted by a Governmental or Tribal Agency (lakes, ponds, streams, and rivers) Ponds under 20 acres – buffers shall extend 50 feet from the ordinary high water mark. Lakes 20 acres and larger – buffers shall extend 100 feet from the ordinary high water mark; provided, where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply. Streams and rivers – see Table 18.22.630(1). Designated Habitats of Local Importance4 The need for and dimensions of buffers for other locally important species or habitats shall be determined on a cCase-by-case basis. Footnote 1: Measured landward of OHWM unless specified. Footnote 2: Includes any submerged aquatic beds serving as fish or wildlife habitat. Footnote 3: Buffers shall not be required adjacent to these areas. These areas are assumed to encompass the land required for species preservation. Footnote 4: The need for and dimensions of buffers for other locally importance species or habitats shall be determined on a case-by-case basis. Ord. 5-20 § 2 (Appx. A)] 6) When buffer averaging may be allowed. a) The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 25 percent when all of the following criteria are met: i) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed project. To the extent practicable, that may include consideration all of the following avoidance and minimization measures: A) Trees and other existing native vegetation are avoided, and development, land disturbing activities, and uses are placed on existing road grades, utility corridors, or other developed lands if present; or B)The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or FWHCA and decreased adjacent to the lower functioning or less-sensitive portion; and ii) Lower intensity land uses are located in the reduced buffer area if feasible; iii) The development is designed to separate and screen impacts such as noise, glare, and vegetation trampling of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; iv) The total area contained in the buffer after averaging is no less than that which would be contained within the standard buffer area and all increases in buffer dimension are parallel to the FWHCA; Appendix B - 40 v) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function; vi) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, vegetation, or permitted development that is as subject to a legal non-conforming use; vii) The slopes adjacent to the FWHCA within the buffer area are stable; viii) Buffer averaging of reduced buffers shall not be allowed; and ix) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met. b) The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 50 percent when all of the following requirements are met: i) A habitat management plan shall be submitted; ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom etc) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met; iii) Allows for the natural movement of a stream within its floodplain or channel migration zone; iv) Separates development from potential flooding impacts taking climate resilience measures into consideration; v) Limits visual, auditory, and direct intrusion between critical areas and developed environments; vi) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat and protects important wildlife habitat components for species dependent on or associated with wetland, marine, and riverine environments; vii) Protects wildlife movement corridors; and viii) Does not significantly impact erosion and landslide hazard areas adjacent to the critical area. 7) When buffer reduction may be allowed. The administrator has the authority to reduce standard buffer widths outlined in Table 18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-case basis up to 25 percent. The decision to reduce standard buffer widths of up to 25 percent shall be processed as a Type I land use decision under JCC 18.40.040. Table 18.22.630(3): Reduced Buffers for FWHCAs FWHCA Type Reduced Buffer Width (feet)1 Type “F” – Fish Habitat Streams 150 Appendix B - 41 Other (Rural) County Areas: Type “Np”– Non-Fish Habitat Perennial Streams Type “Ns” – Non-Fish Habitat Seasonal Streams 75 Non-Shoreline Natural Ponds and Lakes (Under 20 Acres) Lakes and ponds that have a direct surface connection to a fish- habitat stream segment: Lakes and ponds that have only a direct surface connection to a non- fish-habitat stream segment: 150 75 Footnote 1: Measured landward from the OHWM. Applicants for a reduced buffer shall demonstrate in an enhancement plan or a habitat management plan to the satisfaction of the administrator that all of the following criteria are met: a) Buffer averaging is not feasible; b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures: i) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present; ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of the buffer or FWHCA; iii) Lower intensity land uses are located in the reduced buffer area if feasible; iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area; d) The buffer shall not be reduced to less than 75 percent of the standard buffer; e) The slopes adjacent to the FWHCA within the buffer area are stable; f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity. These plans shall include a 5-year monitoring plan to ensure that standards are met; and Appendix B - 42 g) For overwater development or uses, a reduction of the buffers shall be based on the review of reports, established criteria or through consultation with federal and state agencies. 8) Buffer reduction process and criteria. Table 18.22.630(4): Buffer Averaging, Reduction, Permit Process and Criteria Buffer Averaging Permit Process Up to 25% Type I per JCC 18.22.630(6)(a) Up to 50% Type II per JCC 18.22.630(6)(b) Variances1 Buffer Reduction2 Permit Process Up to 25% Administrative Type I Variance per JCC 18.22.630(7) Over 25% to 75% Type III Critical Area Variance per JCC 18.22.250 Over 75% Type III Reasonable Use Exception per JCC 18.22.260 Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or Reasonable Use Exception. Footnote 2: Buffer reduction not allowed if buffer averaging is feasible. 9) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a FWHCA. Supporting documents that may be used to support this determination include but are not limited to: a) The FWHCA is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species; b) The FWHCA serves as nesting or foraging habitat for raptors or great blue herons; c) The area adjacent to the FWHCA is susceptible to erosion or landslide; or d) The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the slopes are greater than 30 percent. 10) Voluntary restoration. FWHCAs and their associated buffers that have been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration. Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a County permit to restore a FWHCA or its associated buffer. DCD shall provide information or technical expertise, where possible, in facilitating restoration of a FWHCA or its associated buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. 11) Stream crossings. Stream crossing may be permitted within a FWHCA or its associated buffer only when no practicable or reasonable alternative location is available. Any private or public road expansion or construction which is proposed and shall cross streams classified within this article shall comply with all of the following minimum development standards: a) There are no practicable or reasonable alternative location is available; Appendix B - 43 b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) The design of stream crossings shall meet the requirements of the Washington State Department of Fish and Wildlife Water Crossing Design Guidelines, as amended. Fish passage shall be restored if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible; d) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists; e) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks, provided no other reasonable alternative placement exists; f) Crossings shall serve multiple properties whenever possible; and, g) Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum size diameter) and length necessary to accommodate the permitted activity. 12) Utilities. Utilities including sewer lines, on-site sewage systems and stormwater facilities (serving one parcel, development or legal lot of record) may be permitted in critical area buffers only when no practicable or reasonable alternative location is available. Placement of utilities within FWHCA may be allowed pursuant to all of the following requirements: a) A habitat management plan or enhancement plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and the restoration of the site through the establishment of native vegetation; b) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible; c) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed; d) New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place; e) Utility corridor. In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a FWHCA or its associated buffer shall require a Type III Variance under JCC 18.22.250. The construction of new utility corridors shall protect the FWHCA and its associated buffer as follows: i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side; and, ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period; and, Appendix B - 44 f) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used; and, g) Utilities should follow best management practices for avian protection. 13) Bank stabilization. Bank stabilization within designated FWHCA may be allowed pursuant to all of the following criteria: a) No practicable or reasonable alternative location is available; b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures, public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment; and, d) Bluff, bank and shoreline stabilization shall follow the standards of chapter 18.25 JCC (Shoreline Master Program), geologically hazardous areas provision in this chapter, and chapter 15.15 JCC (Flood Damage Prevention. 14) Road and street expansion. The expansion of legally established private or public road may be allowed in a FWHCA or its associated buffer; provided it complies with all of following minimum criteria: a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; b) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation; c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines, where minimum necessary provisions may include projected level of service requirements. 15) New public or private roads. In addition to meeting the requirements for road and street expansion above, the establishment of a new public or private road is subject to the requirement of a variance under JCC 18.22.250. 16) Outdoor recreation, Education, and Trails Construction. Improvements that do not significantly affect the function of the FWHCA or its associated buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) are permitted in a FWHCA and its associated buffer provided they comply with all of the following minimum criteria: a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be with through the establishment of native vegetation; b) Trails and other facilities shall, to the extent feasible, shall be placed on existing road grades, utility corridors, or other previously disturbed areas; c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; Appendix B - 45 d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat; e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to FWHCA and their associated buffers. Trails serving multiple parcels or subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles; f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II variance permit. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by qualified professional addressing the impacts to the FWHCA and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. 17) Stream relocation. a) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a variance under JCC 18.22.250. b) Relocation of a stream may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and will not diminish the flow capacity of the stream or other natural stream processes; provided, the relocation meets state hydraulic project approval requirements, the relocation will not impact the based flood elevation of existing development areas (outside of the project area) within the frequently flooded area, and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in watershed planning documents prepared and adopted pursuant to chapter 90.82 RCW. 18.22.640 Impact assessment and mitigationBuffer reductions and averaging. 1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met: a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. b) The buffer shall not be reduced to less than 75 percent of the standard buffer, unless it can be demonstrated through a special report prepared by a qualified professional that there will be no net loss of FWHCA functions or values. c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. 2) The administrator shall have the authority to average buffer widths on a case-by case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the following criteria are met: a) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the FWHCA. b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function. c) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, or vegetation. d) The buffer width averaging does not reduce the buffer to less than 75 percent of the standard width or 50 percent for single-family residential development. Appendix B - 46 e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. f) Buffer averaging shall not be allowed if FWHCA buffers are reduced. 3) The limits of clearing for the proposed development or use shall be shown on the site plan relative to the FWHCA and the buffer. 4) In the case of short plat, long plat, binding site plan, and site plan approvals under this code, the applicant shall include on the face of any such instrument the boundary of the FWHCA. 5) The applicant may also choose to dedicate the buffer through a conservation easement or deed restriction that shall be recorded with the Jefferson County auditor. Such easements or restrictions shall, however, use the forms approved by the prosecuting attorney. [Ord. 5-20 § 2 (Appx. A)] 18.22.650 Habitat management reports – When required. 1) When a development, use, or activity is proposed on lands designated as a fish and wildlife habitat conservation area or a buffer, a habitat evaluation may be required. An on-site habitat evaluation determines if FWHCAs or buffers occur in the project area. 2) If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. 3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX (Special Reports) of this chapter. 4) Types of Reports. When required by this section, an applicant shall submit a report documenting the results of the habitat evaluation for county review and approval. Based on the results of the site evaluation, a report shall be prepared by a qualified professional and either be: a) Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation determines that no regulated fish and wildlife habitat conservation area or buffer is present in the proposed project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a wildlife biologist based on requirements presented in Article IX (Special Reports) of this chapter. b) Habitat Management Plan. This type of report shall be used if the field evaluation determines that any portion of the proposed project occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter. c) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements of this chapter, a critical area variance or reasonable use exception in JCC 18.22.250 or 18.22.260 shall be followed and a habitat management plan shall be required. An applicant may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC 18.22.965, provided the proposal can meet all CASP financial and other provisions. d) If a dive survey is required, the results of the survey shall be described in a report and supported by photos taken underwater. [Ord. 5-20 § 2 (Appx. A)] 18.22.660 Mitigation. 1) When Required. Mitigation is required for FWHCA buffer reductions greater than 25 percent but less than 50 percent of the standard buffer widths. Applications for FWHCA buffer reductions greater than 50 percent may pursue a financially bonded critical areas stewardship plan or be approved for buffer reductions greater than 50 percent through a hearing examiner variance or reasonable economic use exception in accordance with this chapter. Appendix B - 47 The overall goal of mitigation shall be no net loss of ecological functions or values, and no degradation of natural processes within a FWHCA or its associated buffer. All unavoidable impacts to FWHCA require mitigation. 21) FWHCA Mmitigation Ssequencing. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to a FWHCA or its associated buffer. When a proposed development, land disturbing activity, or use poses adverse impacts to a FWHCA or its associated buffer, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence.The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or a FWHCA buffer. All regulated development, uses, and activities in a FWHCA or an associated buffer shall be mitigated in the following order: a) Avoiding the impact altogether by not taking a certain action or parts of an action; b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; f) Monitoring the required compensation and taking appropriate corrective measures when necessary. 2) Impact assessment. All potential impacts to a FWHCA and its associated buffer shall be identified and described in the habitat management plan. Impact assessments shall be made based on requirements in Article IX (Special reports). 3) Mitigation – Mminimum Rrequirements and Ttypes of Mmitigation. a) Minimum mitigation requirements are as follows: i) Unavoidable impacts to a FWHCA area or its associated buffer shall be mitigated with at least a 1:1 mitigation ratio. The administrator has the authority to require buffer mitigation at a higher ratio if the area to be adversely affected consists of intact native habitat or the risk of failure is judged unacceptable. ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions and values, natural processes, and area. b) FWHCAs mitigation shall include the following options: i) On-Ssite Mmitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss or degradation to existing habitat. ii) Off-Ssite Mmitigation. The applicant may propose off-site mitigation if: A) On-site mitigation is not feasible and the mitigation proposal compensates for the loss of functions and valuesor degradation of existing habitats and species; or B) Off-site mitigation occurs within the same watershed or a connected habitat of a similar nature to the maximum extent practicable and provides better or better protection of the FWHCA and compensates for the loss of functions and values or a significant ecological and functional improvement to the FWHCA; and C) There is a willing landowner that accepts the proposed mitigation; and Appendix B - 48 D) A mitigation agreement/ or easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation area. c) In-Llieu Ffee Mmitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee program may be used to compensate for impacts or alterations to a fish and wildlife habitat conservation areaFWHCA or aits associated buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to fish and wildlife habitat conservation areasFWHCAs or their associated buffers shall adhere to the in-lieu mitigation requirements in JCCJCC 18.22.740(4). [Ord. 5-20 § 2 Appx. A)] Article VII. Wetlands 18.22.700 Purpose. The purposes of this article are to: 1) Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and improving water quality through biofiltration, adsorption, retention and transformation of sediments, nutrients, and toxicants. 2) Regulate land use to avoid adverse effects on wetlands and maintain the functions, services, and values of freshwater and estuarine wetlands throughout Jefferson County. 3) Establish review procedures for development proposals in and adjacent to wetlands. 4) Establish minimum standards for identifying and delineating wetlands. [Ord. 5-20 § 2 (Appx. A)] 18.22.710 Classification/ and designation. Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds for agricultural activities, and landscape amenities, farmed wetlands, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. 1) Wetland Ddelineation. Wetlands shall be delineated in accordance with the requirements of RCWRCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject to the provisions of this article. 2) Wetland Rrating. Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in that publication. These categories are generally defined as follows: a) Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by scientists of the State of Washington Natural Heritage Program/Washington Department of Natural Resources; (iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; or (vi) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland types; ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of functions. Appendix B - 49 b) Category II. These wetlands are: (i) undisturbed estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total). c) Category III. These wetlands are (i) those with moderate level of functions (scoring between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, so they should be protected to some degree. 3) Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one- tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria are met: a) The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water; b) The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices; c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or a FWHCA buffer or its associated buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA; d) The wetland is not located within a floodplain; e) The wetland is not within the jurisdiction of the county shoreline master program; f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system; and g) The wetland does not score five or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of Ecology). In addition, mitigation in the form of enhancement or expansion of another part of the buffer should be considered in order to offset any expansion of a nonconforming use or structure. Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered, unless approval is obtained from Washington State Department of Ecology or the U.S. Army Corp of Engineers. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require mitigation. 4) Sources for identification. The following sources should be used to identify potential wetland locations. These maps are informational only and site evaluations by a qualified professional or wetlands specialist shall be used to determine compliance with this article. Sources include, but are not limited to: a) Jefferson County Critical Areas Mapping; b) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory; c) United States Department of Agriculture, Natural Resources Conservation Service, Soil Survey for Jefferson County Areas, Washington; Appendix B - 50 d) United States Department of Agriculture, Natural Resource Conservation Service, Hydric Soils List; and e) Washington State Department of Ecology, Coastal Atlas Map.General. Application for a project on a parcel of real property containing a designated wetland shall adhere to the requirements in this section. a) Types of Wetland Evaluations. An applicant submitting an application for a development, use, or activity on lands determined to be wetland shall also submit, and have approved, a wetland evaluation prepared based on results of an on-site field investigation conducted by a qualified wetland professional using wetland delineation manuals specified in this section. The wetland evaluation shall be completed based on the following: i) Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component. ii) Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction- related activities or are within the proposed limits of clearing. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by subsection (2) of this section, for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter. b) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category. [Ord. 5-20 § 2 (Appx. A)] 18.22.720 Regulated activitiesApplicability. 1) Activities Subject to Regulation. Any land use orAll development, land disturbing activitiesy and uses in a wetland or its associated buffer shall be subject to the provisions of this article, including, but not limited to, the following activities that are directly undertaken or originate in a regulated wetland, unless specially exempted under JCCin JCC 18.22.230.: a) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails; b) The dumping or discharging of any material, or placement of any fill; c) The draining, flooding, or disturbing of the wetland water level or water table; d) The driving of pilings; e) The placing of anything that obstructs water movement, including but not limited to surface water flow, surface water runoff, or groundwater infiltration; f) The construction, reconstruction, or expansion of any structure; g) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter existing wetland conditions; or h) The alteration or modification of water quality or water quantity. 2) Requirements for Waiver for Single-Family Residence. The requirement for a wetland evaluation may be waived by the administrator for construction of a single-family residence on an existing lot of record if department staff or a qualified wetland evaluator determines that: a) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and b) The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. [Ord. 5-20 § 2 (Appx. A)] 18.22.730 Protection standards. The following activities may be permitted in wetlands or wetland buffers as specified when all reasonable measures have been taken to avoid adverse effects on wetland functions and values as documented through a wetland report prepared by a qualified wetland specialist. Compensatory mitigation is required for all adverse impacts to wetlands that cannot be avoided. To the maximum extent practicable, impacts to buffers shall be minimized and any disturbed buffer areas shall be immediately restored except as specifically allowed. 1) General. Application for a project or use on a parcel of real property containing a designated wetland or its associated buffer shall adhere to the requirements set forth below. Appendix B - 51 2) Types of wetland evaluations. An applicant shall submit, and have approved, a wetland report prepared based on results of an on-site field investigation conducted by a qualified professional or wetland specialist using wetland delineation manuals specified in JCC 18.22.710(1). The wetland report shall be completed based on the following: a) Wetland reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used only if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component. b) Wetland delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction- related activities or are within the proposed limits of land disturbing activity. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by JCC 18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter. c) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category. d) The requirement for a wetland evaluation may be waived by the administrator for construction of a single- family residence on an existing legal lot of record if department staff, qualified professional, or a wetlands specialist determines that: i) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and, ii) The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. 3) Vegetation retention required within a wetland or its associated buffer. All of the following provisions regarding vegetation retention shall apply: a) Vegetation within a wetland or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland or its associated buffer shall require review and approval by the department; b) Altering the habitat conditions of a wetland or its associated buffer without prior review and approval by the department is prohibited; c) During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within wetlands or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits; and d) Damage to a wetland or its associated buffer from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the falling of trees away from these areas. 4) Wetland ratings to establish buffer requirements. Wetland ratings and categories shall be prepared by a qualified professional or wetlands specialist, be based on the Washington State Wetland Rating System for Western Washington (2014 version, or as amended), and be submitted to the department for review and approval. Buffers for wetlands are based on wetland category, habitat function score, and land use intensity as shown in Table 18.22.730(1)(a) or based on special characteristics as shown in Table 18.22.730(1)(b). 5) Buffer marking. To ensure that a buffer is not impacted by proposed adjacent development, land disturbing activity, or use DCD may require one or more of the following: a) The marking or flagging of the edge of the wetland or its associated buffer; Appendix B - 52 b) A 5-foot building setback shall be required from the edge of any buffer area, except for nonstructural improvements such as septic drain fields may be located within a setback; c) Showing the location of the critical area and its associated buffer on all approved site plans adjacent to development or land disturbing activity proposed. d) Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to new development or new land disturbing activity to ensure that it does not encroach upon buffers; e) Require that signs be posted along the buffer edge adjacent to the development, land disturbing activity or use to ensure that the public knows the location of the buffers for i) Permitted commercial or industrial development or uses; or, ii) Development, land disturbing activities or uses on public lands. f) Require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the wetland or its associated buffer is not identified in the development permit or on the County’s GIS mapping system to disclose to future buyers the existence of critical areas and their associated buffers. 1) Utility lines in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible conveyance alternative is available shall be designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the following: a) The utility line is located as far from the wetland edge or buffer as possible and in a manner that minimizes disturbance of soils and vegetation. b) Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line and the area is restored following utility installation. c) Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface and subsurface drainage. This may include regrading to the approximate original contour or the use of trench plugs or other devices as needed to maintain hydrology. d) Best management practices are used in maintaining said utility corridors such that maintenance activities do not expand the corridor further into the critical area. 2) Public roads or bridges in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible alternative alignment is available and the road or bridge is designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, including placement on elevated structures as an alternative to fill, where feasible. 3) Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers, provided there are no feasible alternative alignments and measures are taken to maintain preconstruction hydrologic connectivity across the access road. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible. 4) Low-impact, passive recreational activities may be constructed, such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing or hunting, provided construction is limited to the outer 25 percent of the buffer. Trails within buffers shall be designed to minimize impacts to the wetland and shall not include any impervious surfaces and avoid removal of significant trees. 5) Stormwater management within the buffers of only Category III and IV wetlands with habitat scores of 3 to 4 points are allowed provided the management techniques follow published guidelines for stormwater management in wetlands by the Washington Department of Ecology and are vegetation-lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative locations. Appendix B - 53 Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary. 6) Wetland Buffer Widths. a) The standard buffer shall be based on a combination wetland category, habitat function score (from the wetland rating form), and land use intensity. The intensity of the land use shall be determined in accordance with the definitions as listed below unless the technical administrator determines that a lesser level of impact is appropriate based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact on the wetland than that contemplated under the buffer standard otherwise appropriate for the land use. The administrator shall have the authority to require buffers from the edges of all wetlands, in addition to the building setback in accordance with the following. b) Wetland buffers shall be established to protect the integrity, functions, and values of the wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by the wetland boundary based on the base buffer width identified in Table 18.22.730(1)(a). Buffers shall not include areas that are functionally and effectively disconnected from the wetland by an existing, legally established road or another substantial developed surface. c) The buffer standards required by this article presume the existence of a dense, multi-storied native vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the technical administrator may increase the standard buffer, require buffer planting or enhancement, or deny a proposal for buffer reduction or buffer averaging. d) Standard buffer widths are shown in Table 18.22.730(1)(a). However, for Category I or II wetlands with “special characteristics” as determined and defined through the Washington Department of Ecology (2014) Wetland Rating System as it exists now or may be amended in the future (including estuarine, coastal lagoons, wetlands of high conservation value, bogs, forested, and interdunal wetlands), only buffers in the highest habitat score (8 to 9) group are applied. i) The prescribed buffer widths are based the wetland category (I, II, III, IV) as determined by the scoring results on the rating form for the wetland rating system and the expected level of impact of the proposed adjacent land use. High intensity land use” means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high intensity recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices, including the building of logging roads. A high intensity land use may become a moderate intensity land use where required measures to minimize impacts in Table 18.22.730(1)(b) are made part of the proposal and where a buffer condition is well vegetated per subsection (9) of this section criteria. Low intensity land use” means land use that includes the following uses or activities: forestry (cutting of trees only), low intensity open space (such as passive recreation and natural resources preservation), utility corridor without a maintenance road and little or no vegetation management and unpaved trails. Low intensity uses incorporate features in Table 18.22.730(1)(b) by the nature of their use. Moderate intensity land use” means land use that includes the following uses or activities: residential (one unit/gross acre or less), moderate intensity open space (parks), moderate intensity new agriculture (such as orchards and hay fields), utility corridor or right-of-way shared by several utilities and including access/maintenance roads and paved trails. The administrator may determine, on the basis of detailed information from the applicant about the site conditions, scope, and intensity of the proposed development, that the proposed land use will have a lesser level of impact on the wetland than indicated by similar land uses on the list. 6) Buffers – Standard requirements for wetlands. Appendix B - 54 a) The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article and in accordance with the following criteria. b) Buffers for wetlands shall be measured as a horizontal line perpendicular to the boundary of the wetland. c) The standard buffer width for a wetland shall be determined based on the following: i) The wetland category shall be based on the total score and the habitat functions from the wetland rating form and the land use intensity described in subsection (6)(c) below. Buffer widths for wetlands are shown in Table 18.22.730(1)(a); or ii) The wetland category is based on the special characteristics of the wetland from the wetland rating form. The buffer widths for wetlands with special characteristics are shown in Table 18.22.730(1)(b). d) Land use intensity for wetland ratings is based on the following: i) High land use intensity means development and uses that are commercial, industrial, institutional, urban, high intensity new agriculture (dairies, nurseries, hard side greenhouses, annual tilling), high intensity recreation (golf courses, ball fields), or solar farms. Residential development proposed on a parcel that is less than one acre in size. ii) Moderate land use intensity means development and uses that are open space parks, moderate intensity new agriculture (orchards, hay fields, animal pastures, soft sided greenhouses, etc.), or utility corridors within rights-of-way that are shared. Residential development on a parcel one to five acres in size. iii) Low land use intensity means low impact development and uses such as unpaved trails or passive recreation (when not exempt in JCC 18.22.230), regional trails with a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access, public utility corridors not requiring a maintenance road or a vegetation management plan, landscaping or lawns. Residential development on parcels over five acres in size. Table 18.22.730(1)(a). Standard buffer Wetland Buffer Wwidths for wetlands based on points Land Use Intensity Wetland Category Habitat Function Score High Impact Buffer Width feet) Moderate Impact Buffer Width (feet) Low Impact Buffer Width feet) Category I Total score is 23- 27 points 8 – 9 6 – 7 3 – 5 300 150 100 225 110 75 150 75 50 Category II Total score is 20- 22 points 8 – 9 6 – 7 3 – 5 300 150 100 225 110 75 150 75 50 Category III Total score is 16- 19 points 8 – 9 6 – 7 3 – 5 300 150 80 225 110 60 150 75 50 Category IV Total score is 15 points or less All 50 40 25 Appendix B - 55 Table 18.22.730(1)(b). Standard buffer widths based on special characteristics Category I Buffer width (feet) Bog 250 Coastal Lagoon 200 Estuarine 200 Forested Based on habitat score Wetland of high conservation value 250 Category II Buffer width (feet) Lagoon 150 Estuarine 150 7) Land Use Intensity Impact Reductions: Applicants have the option to meet the following performance standards found in Table 18.22.730(c) to reduce the buffers outlined in Table 18.22.730(1)(a) above from high to moderate impact. Table 18.22.730(1)(c) Required Mmeasures to Mminimize Iimpacts to Wwetlands All measures are required for land use intensity reductionif applicable to a specific proposal) Disturbance Required Mmeasures for land use intensity reductionto Minimize Impacts Lights • Lights shall be shielded to avoid being directed off the developed area, and should include timers or motion detection.Direct lights away from wetland Noise • Locate activity that generates noise away from wetland; If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source; For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered; Establish covenantsUtilize native vegetation that does not require as much fertilizer or pesticides as non-native vegetation, or require a statement on all approved site plans for development, land disturbing activities or use by limiting use of pesticides within 150 feet of wetland Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent developmentRoads and development areas (including lawns) that discharge to buffers are required to utilize best management practices to treat stormwaters; Prevent channelized flow from lawns that directly enters the buffer; Use low intensityimpact development (LID) techniques (for more information visit Washington State Department of Ecology’s websiterefer to the drainage ordinance and manual) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Appendix B - 56 Disturbance Required Mmeasures for land use intensity reductionto Minimize Impacts Pets and human disturbance • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion PlaceFor non-residential development, DCD may require wetland and its associated buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust 8) When buffer averaging may be allowed. a) The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 25 percent when all of the following criteria are met. i) The specific standards for mitigation sequencing in JCC 18.22.740 have been applied during the siting and design of the proposed project. To the extent practicable, that may include consideration of the following avoidance and minimization measures: A) Trees and other existing native vegetation are avoided, and development, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed areas if present; B) The buffer width is increased to match the adjacent to the higher-functioning or more-sensitive portion of the wetland and decreased to match the adjacent to the lower functioning or less-sensitive wetland areas; C) Lower intensity land uses are located in the reduced buffer area if feasible; D) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; ii) The total area contained in the buffer after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the wetland; iii) The buffer averaging does not reduce the functions or values of the wetland, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function or value; iv) The buffer averaging is necessary due to parcel size, existing development, shoreline or other critical area requirements, or other site constraints such as slope, soils, or protecting existing native vegetation (e.g. mature conifers); v) The slopes adjacent to the wetland within the buffer area are stable; vi) Buffer averaging of buffer reductions addressed in JCC 18.22.730(9) are not allowed; and vii) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met. Appendix B - 57 b) The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 50 percent when all of the following requirements are met: i) A habitat management plan shall be submitted; ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard, which shall include a 5-year monitoring plan to ensure that standards are met; iii) Allows for the natural movement of a stream within its floodplain or channel migration zone; iv) Separates development from potential flooding impacts; v) Limits visual, auditory, and direct intrusion between critical areas and developed environments; vi) Protects important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments; vii) Enables wildlife movement; and viii) Does not accelerate erosion and landslide hazard areas adjacent to the critical area. 9) Process and criteria for wetlands reduction. The administrator may reduce wetland buffers up to 25% administratively through a Type I Variance for moderate land uses provided a wetland delineation shall be submitted to DCD for review and approval establishing all of the following criteria are met: a) Buffer averaging is not feasible; b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures: i) Trees and other existing native vegetation are avoided, and development, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed lands if present; ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of the wetland; iii) Lower intensity land uses are located adjacent to the reduced buffer area if feasible; iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130; c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland or other critical area; d) The buffer shall not be reduced to less than 75 percent of the standard buffer; e) The slopes adjacent to the FWHCA within the buffer area are stable; Appendix B - 58 f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that currently contains or will mature into a dense, multi-storied, diverse native vegetation community that provides ecological functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity, which shall include a 5-year monitoring plan to ensure that standards are met; and Table 18.22.730(1)(d). Buffer Averaging, Reduction, Permit Process and Criteria Buffer Averaging Permit Process Up to 25% Type I per JCC 18.22.730(8)(a) Up to 50% Type II per JCC 18.22.730(8)(b) Variances1 Buffer Reduction2 Permit Process Land use intensity from high to moderate JCC 18.22.730(7) Up to 25% Type I moderate land uses per JCC 18.22.730(9) Over 25% to 75% Type III Critical area variance per JCC 18.22.250 Over 75% Type III Reasonable use exception per JCC 18.22.260 Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or reasonable use exception. Footnote 2: Buffer reduction is not allowed if buffer averaging is feasible. 10) When increasing buffers for wetlands may be required. The administrator shall have the authority to increase buffers adjacent to a wetland to protect the functions and values of a wetland. Factors that may be used to support this determination include but are not limited to: a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species; b) The wetland serves as nesting or foraging habitat for raptors or great blue herons; c) The area adjacent to the wetland is susceptible to erosion or landslide; or d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30 percent. 11) Voluntary restoration. A wetland and its associated buffer that has been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration. Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a permit to restore a wetlands or buffer. DCD shall provide information or technical expertise, where possible, in facilitating restoration of a wetland or buffer to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds. 12) Utilities. Placement of utilities (serving one parcel, development or legal lot of record) within a wetland and its associated buffer may be allowed pursuant to the following standards: Appendix B - 59 a) A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating how the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that the restoration shall be through the establishment of native vegetation. b) Construction of utilities, including stormwater BMP’s, may be permitted in a wetland and its associated buffer when no practicable or reasonable alternative location is available and the utility does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. c) New utilities shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side. d) New utilities shall be revegetated with appropriate native vegetation at pre-construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period. e) Construction of sewer lines or on-site sewage systems may be permitted in a wetland or its associated buffer when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility by other utilities may be allowed. f) In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a wetland or its associated buffer shall require a variance under JCC 18.22.250. g) Utility corridors for towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used. (f) Utilities corridors for towers should follow best management practices for avian protection. 13) Road and street expansion. The expansion of a legally established private or public road may be allowed in a wetland or its associated buffers provided it complies with the following minimum development requirements: a) A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating that the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. b) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level of service requirements. 14) New public or private roads. In addition to meeting the development standards for road and street expansion above, the establishment of a new public or private road within a wetland or its associated buffer is subject to variance under JCC 18.22.250. 15) Outdoor recreation, education, and trails construction. Uses and improvements that do not significantly affect the function of a wetland and its associated buffers (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in a wetland and its associated buffer provided they comply with all of the following minimum development standards: a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the establishment of native vegetation; Appendix B - 60 b)Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within the buffer to minimize impacts to wildlife, fish, or their habitat; e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer. Trails serving multiple parcels or subdivision shall not exceed six feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles; f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist or qualified professional; and g)The impacts to the wetland and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation. 7) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of the wetland buffer shall be identified as follows: a) The outer extent of the wetland buffer shall be flagged on site. b) In the case of short plat, long plat, and binding site plan, the applicant shall include on the face of any such plan the boundary of the wetland and its buffer. c) For all other approvals, the administrator shall have the authority to require a notice to title be recorded on the property by the property owner prior to any permits may be issued. d) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the activity is proposed on public lands. 8) Buffers – Standard Requirements. a) The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article, and in accordance with the following criteria: i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as marked in the field during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images. ii) Functionally isolated buffer areas will be subject to wetland evaluation to determine protective functions such as whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In instances where substantial wildlife use is documented, the area shall be retained as buffer despite being otherwise isolated or disconnected from the wetland. iii) When a buffer is on a slope steeper than 30 percent, or lacks adequately dense and diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer averaging. 9) Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(c) when implementing listed impact-reducing measures on the adjacent land use per Table 18.22.730(1)(b) and requiring a protected vegetated corridor between the wetland and a priority habitat or relatively undisturbed area, if present. Other buffer reductions may be allowed upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the Appendix B - 61 wetland. The administrator shall have the authority to reduce the prescribed buffer widths listed in the Table 18.22.730(1)(a); provided, all of the following shall apply: a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the standard buffer; b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the required buffer, or 25 feet, whichever is greater; c) The applicant implements reasonable measures to reduce the adverse impacts of structures and appurtenances on the subject parcel as determined by the administrator; and d) Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as approved by the administrator. Table 18.22.730(1)(c). Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures Wetland Category Habitat Function High Impact Buffer Width I 8 – 9 225 6 – 7 110 3 – 5 75 II 8 – 9 225 6 – 7 110 3 – 5 75 III 8 – 9 225 6 – 7 110 3 – 5 60 IV all 40 10) Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland, the administrator shall have the authority to average wetland buffer widths on a case-by-case basis; provided, all of the following shall apply: a) The buffer averaging does not have any adverse impact on the functions and values of the wetland and provides greater protection of the wetland; Appendix B - 62 b) The total area contained within the buffer after averaging is no less than that which would be contained within the prescribed buffer, and the buffer boundary remains more or less parallel to the wetland boundary; c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer boundary considers variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer; d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width; e) The buffer width was not already the subject of a buffer reduction; and f) If area of buffer reduction is composed of native trees that are eight inches in diameter at breast height, the buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar size, age, density, and species composition as that in the area to be reduced. 11) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to a variance or reasonable economic use exception, as applicable under JCC 18.22.250 and 18.22.260 or may pursue a financially bonded critical areas stewardship plan (CASP), as applicable under JCC 18.22.965; provided, the proposal can meet all CASP financial and other provisions. 12) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a wetland. Supporting documents that may be used to support this determination include but are not limited to: a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species; b) The wetland serves as nesting or foraging habitat for raptors or great blue herons; c) The area adjacent to the wetland is susceptible to erosion or landslide; or d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30 percent. [Ord. 5-20 § 2 (Appx. A)] 18.22.740 Impact Assessment and Mmitigation. The overall goal of mitigation shall be no net loss of wetland functions or values, value, and area. 1) Mitigation Ssequence. Mitigation includes avoiding, minimizing, rectifying, or compensating for adverse impacts to regulated wetlands. When development, land disturbing activity or a proposed use or development activity poses potentially significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence. a) Avoiding the impact altogether by not taking a certain action or parts of an action; b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; f) Monitoring the required compensation and taking appropriate corrective measures when necessary. Appendix B - 63 2) Impact assessment. All potential impacts to wetlands and buffers shall be identified and described in the wetland report. Impact assessments shall be made based on requirements in Article IX (special reports). 3) Compensatory Wwetland Mmitigation – Ggeneral Rrequirements. As a condition of any permit or other approval allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement action pursuant to JCC Ttitle 19 JCC, compensatory mitigation, shall be required to offset impacts resulting from the actions of the applicant or any code violator. a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or largergreater than those alteredimpacts in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation: Table 18.22.740(1) Required Replacement Ratios for Compensatory Wetland Mitigation Category and Type of Wetland Impacts Reestablishment or Creation Rehabilitation Only1 Reestablishment or Creation (R/C) and Rehabilitation (RH)1 Reestablishment or Creation (R/C) and Enhancement (E)1 Enhancement Only1 All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 Category II Estuarine Case-by-case 4:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case All Other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category I Forested 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1 Category I Based on Score for Functions 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 Category I Wetlands with High Conservation Value Not considered possible2 6:1 Rehabilitation of a wetland with high conservation value R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Coastal Lagoon Not considered possible2 6:1 Rehabilitation of a coastal lagoon R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Bog Not considered possible2 6:1 Rehabilitation of a bog R/C not considered possible3 R/C not considered possible3 Case-by-case Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case 1 These ratios assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. PMitigation proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types. Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended. Appendix B - 64 b) Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1). c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above. d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the authority to require the applicant record a notice to title to ensure protection. e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with Cchapter 18.30 JCC. f) The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development. 4) Compensatory buffer mitigation general requirements. a) Buffers adversely affected by a proposed development, land disturbing activity, or use shall be compensated at a mitigation ratio of at least 1:1. b) Impacts to buffers that are well-developed, well-established, or have unique natural habitats consisting primarily of native plant species shall require a mitigation ratio greater than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a priority habitat by WDFW; or, habitat conditions that could support rare plants or plant communities. c) The permittee shall install a highly visible and durable protective fencing as a barrier between the limits of construction and the retained buffer vegetation. The fencing shall be installed prior to any land disturbing activity, including but not limited to clearing or grading , and shall be maintained during construction to prevent access and protect the wetland and retained buffer. This requirement may be waived if an alternative to fencing that achieves the same objective is proposed by the applicant and approved by the administrator. 35) Compensatory Wwetland and buffer Mmitigation – Ttype, Llocation, and Ttiming. a) Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a wetlands evaluation prepared by a wetlands specialist documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable. i) Restoration (reestablishment or rehabilitation) is the preferred mitigation option; ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option; iii) Enhancement may be approved if restoration or creation are not ecologically viable options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer; iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on a report prepared by a wetlands specialist, the administrator determines that no other option is ecologically viable. b) On-site compensation within the same subdrainage basin is preferred. The administrator may approve off- site compensation only if: Appendix B - 65 i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is ecologically preferable; ii) No reasonable opportunities exist on-site and within the same subdrainage basin; iii) On-site mitigation would result in the loss of high-quality upland habitats; iv) Off-site mitigation has a greater likelihood of compensating for project-related impact; v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors; vi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses; and vii) Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functionsal and values. c) Compensation outside of the subdrainage basin may be approved by the administrator if an authorized in- lieu fee program is used. d) Construction of rectification and compensation projects must be timed to reduce impacts to existing wildlife and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species. e) Compensation mustshall be completed prior to wetland destruction, where feasible. 46) In-Llieu Ffee program (ILF) Program. An applicant may opt to use an ILF to compensate for impacts to wetlands or their associatedaquatic resources (critical areas) or buffers based on criteria listed below. Use of an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter. a) The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the critical area or its associated buffer occur within an ILF program service area. If an impact occurs outside of an ILF program service area, an applicant may request that Jefferson CountyDCD investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area. b) The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. The countyDCD may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation. c) The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (i) the applicant has purchased the appropriate number of credits from the sponsoring organization and (ii) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with Jefferson County Code critical areasthe requirements of this chapter and the applicable approved in-lieu fee program instrument. [Ord. 9-20 § 2 (Appx. B)1; Ord. 5-20 § 2 (Appx. A)] Article VIII. Agriculture 18.22.800 Purpose and intent. 1) Jefferson County desires to encourages the conservation of productive agricultural lands and tothe implementation of alternative means of protecting critical areas using conservation practices in this article. As Appendix B - 66 allowed under WAC WAC 365-196-830 (Protection of Ccritical Aareas), both regulatory and voluntary measures may be developed and used to prevent degradation of critical areas. 2) The well-being of agricultural activities in Jefferson County depends in part on good quality soil, water, air, and other natural resources. Agricultural operations that incorporate protection of the environment, including critical areas and their associated buffers as defined by this titlechapter, are essential to achieving this goal. 3) Jefferson County offers agricultural producers of agricultural products or commodities (agricultural activities as defined in JCC 18.10.010) two paths to achieve no net loss of critical area functions and values while supporting the viability of agriculture. These two paths are: a) A “prescriptive” approach utilizes the FWHCA protection standards (Article VI) and the wetland protection standards (Article VII). The prescriptive approach utilizes theis one in which standard buffer widths from streams, wetlands, and ponds are established, which may offer a simpler yet stricter set of standards; or b) A “performance” based approach where the producer of agricultural products or commodities works independently or with farm assistance agencies to identify the resource concerns that are unique to the farm operation and to implement practices best suited to address those concerns. 4) Jefferson CountyDCD shall ensure monitoring and adaptive management processes are in place to evaluate whether the application of performance-based approaches address resource concerns identified in this article to the extent related to agricultural activities. [Ord. 5-20 § 2 (Appx. A)] 18.22.810 Resource concerns. The continuation of existing Aagricultural activities meeting the provisions of JCC 18.22.230(3)(a) is exempt from critical area requirements and the requirements of this chapter. Agricultural activities are defined in JCC 18.10.010. have the potential to create adverse impacts to critical areas. It is the county’s policy to minimize such impacts. Except as noted above, new or expanded agricultural activities are subject to the provisions of this chapter. New or expanded agricultural activities have the potential to create adverse impacts to critical areas. It is the policy goal of this chapter to minimize the impacts of: 1) Potential water polluting activitiesNutrient Pollution of Water. Agricultural activities, such as livestock management and tillage, without proper conservation practices may contribute wastes or sediments into a natural or modified natural stream or wetlands;. 2) Nutrient and Farm Chemical Management of manure and chemicals used for agricultural activities. Without proper conservation practices, manure could be carried into a stream, wetlands, or other waters of the state by any means. Farm cChemicals used for agricultural activities mustshall be applied consistent with chemical container labels and all applicable federal and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat conservation areas. 3) Soil Eerosion and Sediment Control Management. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams.; 4) Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and operation of ditches should be designed to prevent maintenance problems, avoid blocking water flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream bank vegetation is protected or replanted.; and 5) Unnecessary removal of Rriparian vegetation Management. Dense riparian vegetation along the water’s edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds, and wildlife; and keep water cooler in summer. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and control noxious weeds. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 67 18.22.820 Alternative performance-based approach for agriculture in FWHCAs or wetlandsApplicability and classification. 1) Applicability. An owner or a producer of agricultural products or commodities may apply to use the performance requirements of this chapter instead of the prescriptive standards. This shall include the submission of an application on a form approved by the administrator and approval by DCD based on requirements of this article for the following agricultural activities within a FWHCA or a wetland or its associated buffer: Proponents of the following activities within fish and wildlife conservation areas or wetlands or their buffers shall comply with either the prescriptive standards of this chapter or the performance-based approach in this article: a) New or expanded areas of agricultural activities; and. b) Producers of agricultural products or commodities conducting one or more of the following agricultural activities within the footprint of thean agricultural activity as of the effective date of this code (March 10, 2020), the date agriculture was first regulated under this article: i) Adding or expanding temporary or permanent structures; ii) Adding or expanding compacted areas such as for parking, roads, or access; iii) Adding or expanding impervious areas; iv) Adding or replacing wells or septic systems; v) Constructing or altering ditches or drainage systems; vi) Constructing or altering farm and stock ponds for agricultural use; vii) Expanding or altering manure or compost management structures or practices; viii) Expanding or Aaltering the application of fertilizers or agricultural chemical management activities in proximity to wetlands or water bodies; ix) Adding or altering irrigation practices; or x) Other similar agricultural activities as determined by the administrator. 2) This article does not apply to: a) Exempt agricultural aActivities per JCCJCC 18.22.230(3)(a);. b) Agricultural activities occurring within the footprint of use as of the effective date of this code (March 10, 2020, the date agriculture was first regulated under this article) are exempt from compliance with this chapter unless listed in JCCJCC 18.22.720;. c) Agricultural activities that meet the FWHCA and wetland prescriptive standards; or bd) Agricultural activities that do not lie within FWHCAfish and wildlife conservation areas or wetland prescriptive standards. 3) Agricultural Cchecklist and Cclassification. The departmentDCD shall develop, adopt and maintain an agricultural checklist in consultation with farm assistance agencies for completion by producers of agricultural products or commodities. The agricultural checklist shall identify agricultural activities and the conservation practice(s) necessary to achieve the performance standards in JCC JCC 18.22.830 and avoid potential negative impacts described under resource concerns in JCC 18.22.810. Based on the achievement of performance standards as documented inin the following classifications shall be used on the agricultural checklist, proposals shall be typed as follows: Appendix B - 68 a) Type 1 Cconservation Ppractices Ccompliant. A Type 1 classification applies to producers of agricultural products or commodities that have a farm plan developed by state or federal farm assistance agencies, or have completed the agricultural checklist, demonstrating that a development applicationthe proposal addresses performance standards in JCC JCC 18.22.830 due to the nature of the proposals and conservation practices in place that avoid potential negative impacts described under resource concerns in JCCJCC 18.22.810. b) Type 2 Cconservation Ppractices Sscheduled. A Type 2 classification applies to proposalsdevelopment that does not meet one or more performance standards in JCC JCC 18.22.830 and identifies conservation practices that will adequately address resource concerns created by the agricultural activities. The conservation practices shall be implemented based on a schedule developed in consultation with farm assistance agencies or a report by a natural resource conservation professional. Such scheduled conservation practices shall avoid resource concerns identified in JCCJCC 18.22.810 and meet performance standards in JCCJCC 18.22.830. c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteriaConservation practices unable to be met applies when the checklist criteria and cannot document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural practicesactivities. TheA producer of agricultural products or commodities shall complete an agricultural checklist and provide a report prepared by a state or federal farm assistance agency or a natural resource conservation professional to demonstrate how the proposal meets the performance standards in JCC JCC 18.22.830 and avoids potential negative impacts described under resource concerns in JCC JCC 18.22.810. If performance standards cannot be met with adequate conservation practices scheduled, the proponent shall be subject to the prescriptive standards of this chapter and may apply for variances or reasonable economic use exceptions as applicable under JCC JCC 18.22.250 and JCC 18.22.260, where appropriate, or may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC JCC 18.22.965; provided, the proposal can meet all CASP financial and other provisions. [Ord. 5-20 § 2 (Appx. A)] 18.22.830 Protection standards. 1) Performance Standards. Producers of agricultural products or commodities shall submit an agricultural checklist and supporting documentation to the satisfaction of the administrator to demonstrate all of the following performance standards are met due to the nature of the proposal as well as installed or scheduled conservation practices: a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands.; b) Roof runoff is managed so that it does not result in ponding or channeling in confinement areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to fish and wildlife habitat conservation areaFWHCAs and wetlands.; c) Agricultural landsreas of farm production are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all fish and wildlife habitat conservation areaFWHCAs and wetlands.; d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment, pesticides, and other contaminants.; e) Livestock are excluded from fish and wildlife habitat conservation areaFWHCAs and wetlands by means of fencing, gates or other controls that are consistent with the practices recommended by farm assistance agencies.; f) Buffers are established that either: (i) are consistent with either the prescriptive standards in this chapter applicable to fish and wildlife habitat conservation areaFWHCAs or wetlands or (ii) consistent with farm assistance agency-designed conservation practices that provide for buffers around fish and wildlife habitat conservation areaFWHCAs or wetlands within areas where livestock are kept.; Appendix B - 69 g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areaFWHCAs and wetlands.; h) Manure is applied in a manner and its application timed to prevent pollution of fish and wildlife habitat conservation areaFWHCAs and wetlands.; i) Compost production is handled and stored in a way that prevents stormwater from carrying nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat conservation areaFWHCAs and wetlands.; j) Application of fFertilizers or agricultural chemicals for weed and pest control are conductapplied in a manner that prevents them from entering any fish and wildlife habitat conservation areasFWHCAs and wetlands on agricultural landthe farm either by aerial drift or by stormwater run-off.; k) The proposaldevelopment avoids adverse alteration of wetland hydrology.; l) The proposaldevelopment protects riparian vegetation or tree cover after drainage maintenance or construction.; m) The proposal maintains surface and groundwater flow, discharge, and recharge, through such means including but not limited to maintaining soil permeability, avoiding net increases in impervious areas, avoiding compaction, or avoiding changing discharge to streams.; n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands consistent with the practices recommended by farm assistance agencies.; o) The site has not been cleared under a forest practices permit or altered tree cover by more than 10,000 square feet.; p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as proposed are in conformity with county flood hazard regulations in chapter 15.15 JCC and the practices recommended by farm assistance agencies.; and q) AThe proposed agricultural activity is consistent with locational allowances in subsection (2) of this section. 2) Locational Sstandards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands and streamFWHCAs and their associatedprescriptive buffers. a) Cultivation and production and agricultural structures, buildings, impervious areas shall meet the locational allowances and associated performance standards. Table 18.22.830(1) Agricultural Activities Allowances in Wetland and Wetland/Stream FWHCA Buffers Activity Allowed in Wwetlands Allowed in Prescriptiveassociated Wetland and FWHCA Stream Buffers Cultivation and production Yes, existing agricultural activities lawfully established as of March 10, 2020, the effective date regulation of agriculture was first adopted inof this chapter. (March 10, 2020) Yes, new or expanded agricultural activities 1,2 Yes, existing agricultural activities lawfully established as of March 10, 2020, the effective date regulation of agriculture was first adopted in of this chapter. (March 10, 2020) Yes, new or expanded agricultural activities 1,2 Agricultural structures, buildings, impervious areas Limited to activities addressed by farm assistance agency practices on farmed wetlands, including but not limited to high tunnel systems, where consistent with federal and state law 1,2,3 Yes, existing agricultural activities lawfully established as of March 10, 2020, the effective date regulation of agriculture was first adopted in of this chapter (March 10, 2020). Appendix B - 70 Activity Allowed in Wwetlands Allowed in Prescriptiveassociated Wetland and FWHCA Stream Buffers Yes, new or expanded agricultural activities 1,2 Notes: 1 Subject to performance standards in subsection (1) of this section and determined to be a Type 1 or Type 2 proposal per JCC JCC 18.22.820. 2 Conditions or performance standards applied by the administrator may include but are not limited to wetland/riparian or buffer enhancement in limited circumstances and as determined in consultation with a farm assistance agency or qualified professional, or wetland specialist, provided proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. 3 Producers of agricultural products or commodities shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency, state oversight agency official, qualified professional, or DCDJefferson County. 3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the landowner’s compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy related critical areas requirements of this chapter. a) The administrator may condition the proposed agricultural activities to avoid resource concerns in JCCJCC 18.22.810 through the application ofby requiring conservation practices recommended by farm assistance agencies, a natural resources conservation professional or a qualified professional. b) If the agricultural activity has conservation practices unable to be metis a Type 3 critical area undocumented or does not demonstrably meet the performance standards in subsection (1) of this section, or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponent may seek use of the prescriptive path offered in this chapter. 4) Conservation Ppractices. Owners of Aagricultural landowners and operators producers of agricultural products or commodities are encouraged to design conservation practices through use of the following resources: a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” FOTG) contains a nonexclusive list of conservation practices to guide implementation of the expectations of this article. b) The Jefferson County conservation district is available to assist with completion of an agricultural checklist and in the development of conservation plans approved by DCDthrough the NRCS. A producer of agricultural products or commodities may also work with other farm assistance agencies. 5) Scheduled Cconservation Ppractices. For a Type 2 conservation practices not satisfied scheduled proposal, the proponentapplicant shall identify the standards by which the practice will be designed and the scheduled date of implementation. The proponent shall provide documentation the scheduled conservation practice has been established in accordance with the design specifications following implementation. [Ord. 5-20 § 2 (Appx. A)] 18.22.840 Monitoring and adaptive management. Monitoring provides information used by Jefferson CountyDCD to assist in determining the effectiveness of the county’s critical area regulations and conservation practices applicable to agricultural activities. Jefferson CountyDCD shall develop a cooperative monitoring program with producers of agricultural products or commodities , conservation district staff and farm assistance agency staff based on the conservation practices and performance standards of approved critical areas permits in agricultural areasland. The monitoring program shall identify existing functions and values per subsection (1) of this section, the thresholds of no harm or degradation in subsection (2) of this section, and the benchmarks and outcomes in subsection (3) of this section. The monitoring and adaptive management report shall be prepared periodically in accordance with subsection (4) of this section. 1) “Existing functions and values” meanrelate to the following categories as compared to conditions as of the effective date of this chapter (March 10, 2020), the date regulation of agriculture was first adopted in this chapter: a) Water quality, as documented in a given watershed by the Jefferson County conservation district or other managementa farm assistance agency. Appendix B - 71 b) The existence or absence of large woody debris within a streamFWHCA, as documented in the analyses completed by the Washington State Department of Fish and Wildlife for the Water Resource Inventory Areas WRIAs) 16, 17, 20, and 21, or other relevant studies. c) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in analyses completed for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. d) The existing channel morphology as documented with Washington State Department of Natural Resources Aerial Photography. e) Location and functions of wetlands if present and determined by a wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical areas mapper or other mapped documentation and described by a wetland rating (when available). 2) “No harm or degradation” means the following: a) Maintaining or improving documented water quality levels, if available. b) Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Washington State Department of Ecology pursuant to Cchapter 90.48 RCW. c) Meeting all applicable requirements of Cchapter 77.55 RCW and Cchapter 220-660 WAC (Hydraulics Code). d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the FWHCAstream or wetland that can be reasonably attributed to adjacent agricultural activities. e) The references above to Cchapters 77.55 and 90.48 RCW and Cchapters 173-201A and 220-660 WAC shall not be interpreted to replace Washington State Department of Ecology and Washington State Department of Fish and Wildlife authority to implement and enforce these state programs. 3) Monitoring Pprogram Bbenchmarks and Ooutcomes. a) Water quality monitoring results shall be based on sampling data collected and analyzed in accordance with the most recent version of the Washington State Department of Ecology Guidelines for Project Quality Plans for Environmental Studies and reviewed by Jefferson County dDepartment of Environmental pPublic hHealth or another designated partnering agency with jurisdiction. To comply with the no harm requirement for water quality, all parameters evaluated must remain comparable (or improve) relative to established state standards. If any water quality parameter shows a decline, the departments of community development DCD and environmental public health may require on-site sampling of upstream and downstream water quality conditions to determine if permitted activities that have been implemented have since affected water quality. b) Habitat ecology should remain comparable to the watershed conditions as documented by agencies with expertise with no net loss of critical area functions and values compared to a baseline as of the effective date of this ordinance (March 10, 2020), the date regulation of agriculture was first adopted in this chapter. Additionally, indicators of habitat conditions, such as (i) the percent cover of woody vegetation (native trees and shrubs) shall not result in a net decrease; (ii) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease. c) In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on assessments, reports, and online information published the Washington State Department of Fish and Wildlife or another state or federal agency with jurisdictioncomparable expertise). Critical area restoration and habitat improvement projects when required as part of approved conservation practices or performance standards shall meet specific benchmarks to ensure success. The applicant shall propose specific benchmarks for approval by the director. The benchmarks shall reference indicators of habitat conditions per subsection (3)(b) of this section or other relevant habitat ecology indicators based on site specific conditions, advice from farm assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified Appendix B - 72 professionals or agencies with expertise that are relevant to the site. At a site-specific level, any activity that negatively affects salmonids shall be considered a negative benchmark. This could include, but is not limited to, installation of in-stream barriers to fish passage, removing woody debris from a stream, altering spawning gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water column. d) Wetland area and function should remain stable or improve, as documented by monitoring or periodic site inspection of plan implementation or aerial photo analysis of mapped wetlands within areas of new or expanded agricultural intersects. 4) Reporting. The administrator shall periodically review the monitoring and adaptive management report of applicant conservation practices programs’ implementation and compliance beginning one year after the effective date of this article and every two years thereafter, through the life of the monitoring and adaptive management report, or more frequently at the administrator’s discretion. The review may include periodic site inspections, a certification of compliance by the producer, or other appropriate actions. A subset of properties may be monitored on a rotating basis. a) Self-certification is allowed for approved Type 1 or Type 2 conservation practices satisfied and not satisfied classifications. A sufficient self-certification monitoring report shall include photos and implemented conservation practices or documentation from farm assistance agencies, a natural resources management professional or a qualified professional. Self-certifications shall be submitted within 45 days of request; county staff may make a site visit. Site visits will be coordinated with the landowner /or producer of agricultural products or commodities. Prior to carrying out a site inspection, the administrator shall provide reasonable notice to the owner or manager of the property as to the purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the landowner’s or /producer of agricultural products or ’scommodities’ discretion, the Jefferson conservation district staff or other farm assistance agency staff may accompany DCDstaff. b) The county will, in cooperation with producers of agricultural products or commodities or farm assistance agency staff, publish the results of its periodic reviews and make them available to the public and state agencies. These results will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues if any, identified during the reporting period as well as the following additional information: i) A description of all compliance assessments and source identification actions taken during the reporting period; ii) A description of educational outreach actions as well as enforcement actions taken during the reporting period; iii) A description of any actions taken to modify conservation practices on a site or area specific basis; iv) A discussion of monitoring priorities for the next reporting period; and v) Potential adaptive management measures applicable on an areawide or countywide basis when monitoring indicates: that standards or thresholds are being exceeded; the exceedance is adversely affecting designated critical areas; and a change in regulations that are applicable areawide or countywide is needed to address the exceedance. Modifications may also be made if monitoring indicates that less stringent standards are appropriate based on best available science. [Ord. 5-20 § 2 (Appx. A)] 18.22.850 Compliance. 1) Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas and associated buffers. 2) Agricultural activities are expected to meet the objectives and standards of this article through voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and a new or revised Appendix B - 73 agricultural checklist and supporting documentation will be required consistent with JCCJCC 18.22.820, when the administrator determines that any of the following has occurred: a) When a producer of agricultural products or commodities fails to implement and maintain their conservation practices determined to exist or be scheduled in a Type 1 or Type 2 review per JCCJCC 18.22.820 properly and fully. b) When implementation of the conservation practices fails to protect critical areas. If so, a new or revised agricultural checklist and schedule of conservation practices shall be required per JCCJCC 18.22.820 to protect the values and functions of critical areas at the benchmark condition described in JCCJCC 18.22.840 or a baseline established by the producer of agricultural products or commodities in consultation with a farm assistance agency, natural resources management professional or qualified professional. c) When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current agricultural checklist and associated conservation practices ineffective. Substantial changes that render an agricultural checklist and associated conservation practices ineffective are those that: i) Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved; ii) Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or iii) The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3. d) When a new or revised agricultural checklist and supporting documentation is required, and the producer of agricultural products or commodities has been so advised in writing and a reasonable amount of time has passed without significant progress being made to develop said plan. Refusal or inability to provide a new agricultural checklist within a reasonable period of time shall be sufficient grounds to revoke the approved agricultural activity and require compliance with the standard provisions of this chapter. 3) When a producer of agricultural products or commodities denies the administrator reasonable access to the property for technical assistance, monitoring, or compliance purposes, then the administrator shall document such refusal of access and notify the producer of agricultural products or commodities of his/herthe findings. The producer of agricultural products or commodities shall be given an opportunity to respond in writing to the findings of the administrator, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal or inability to comply with an approved agricultural checklist and schedule of conservation practices within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter. 4) If agricultural activities result in degradation of a critical area, the producer of agricultural products or commodities shall be required to either cease the agricultural activity that results in critical area degradation or prepare an agricultural checklist and supporting documentation that demonstrates how farmingagricultural activities will be brought into compliance with critical area protection requirements. The agricultural checklist shall be submitted to department of community developmentDCD for review and approval. If the administrator determines the proposed activities and conservation practices do not sufficiently address critical areas degradation, a farm assistance agency, natural resources management professional or qualified professional shall prepare a schedule of conservation practices. The proponentapplicant shall allow the county or farm agency with expertise reasonable access to the parcel to determine that the scheduled conservation practices are installed, and critical areas functions are not being degraded. If compliance cannot be achieved, other enforcement action based on JCC Ttitle 19 JCC shall be required. 5) A producer of agricultural products or commodities is responsible only for those conditions caused by agricultural activities conducted by the producer of agricultural products or commodities and is not responsible for conditions that do not meet the standards of this article resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect Appendix B - 74 are not the responsibility of the owner or producer of agricultural products or commoditiesoperator. [Ord. 5-20 § 2 Appx. A)] 18.22.860 Limited public disclosure. 1) Producers of agricultural products or commodities that have a farm plan developed by state or federala farm assistance agencies will not be subject to public disclosure unless required by law or a court of competent jurisdiction. 2) Provided, that the county will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, and the specific conservation management practices to be implemented such as through an agricultural checklist per JCCJCC 18.22.820. The summary information shall be provided by the producer of agricultural products or commodities or his/herapproved designee and shall be used to document the basis for the county’s approval of the proposal. 3) The county will provide to the public via its website information regarding which farms have approved Type 1 or Type 2 agricultural land has approved conservation practices per JCCJCC 18.22.820 and the date of their approval. 4) Upon request, the county may provide a sample agricultural checklist, exclusive of site- or property-specific information, to give general guidance on the development of a conservation farm plan. [Ord. 5-20 § 2 (Appx. A)] Article IX. Special Reports 18.22.900 Purpose. 1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas: a) Demonstrate that the submitted proposaldevelopment, land disturbing activity or use is consistent with the purposes and specific standards of this chapter; b) Describe all relevant aspects of the development proposedal and critical areas adversely affected by the proposal development and assess impacts on the critical area from activities and uses proposed; c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and d) Consider the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or watershed processes that relate to critical area condition, process, or service. [Ord. 5-20 § 2 (Appx. A)] 18.22.905 General requirements. 1) When Sspecial Rreports Aare Rrequired. The administrator mayshall require a special report or reports if any portion of a proposed development, land disturbing activity or use has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment requires mitigation, consistent with the standards found in this chapter. 2) The administrator shall determine the requirements for qualified professional and verify the qualifications of professionals submitting special reports. A habitat reconnaissance letter is intended to document the existence of critical areas and their associated buffers. This letter shall be prepared by a qualified professional in the field of the critical area. The administrator will determine if they agree with the assessment of the habitat assessment letter. 23) Standard Rrequirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the following: a) The proposed development, land disturbing activity or use, and its location and dimensions; Appendix B - 75 b) ProvideExisting site conditions and property boundaries preferably on a scaled site plan that includes a north arrow, property boundaries, existing structures and features on the subject site, and the limits of clearing needed during constructionwith structures, features and geographic location described and graphically depicted; c) Describe existing conditions and Aall critical areas and their buffers occurring on the propertyject site; d) Assess potential impacts to all critical areas and their associated buffers function and values per the specific requirements described in this article for each critical area type; e) Propose mitigation for unavoidable losses and impacts to critical areas and their associated buffers; f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater calculation worksheet, if applicable; and g) Present photographs of the project site. 34) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the authority to require a revised special report, as needed, to satisfy all the provisions of this chapter. [Ord. 5-20 § 2 (Appx. A)] 5) The administrator may require a special report to be recorded at the auditor’s office. 18.22.910 Waivers. The administrator may waive the requirement for a special report in limited circumstances when an applicant demonstrates all of the following: 1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and 2) The minimum protection standards required by this chapter are satisfied. [Ord. 5-20 § 2 (Appx. A)] 18.22.915 Retaining consultants. Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 5-20 § 2 (Appx. A)] 18.22.920 Acceptance of special reports. 1) The administrator shall verify the accuracy and sufficiency of all special reports. 2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that demonstrates where the special report is insufficient or in error. The applicant may then revise and resubmit the special report. [Ord. 5-20 § 2 (Appx. A)] 18.22.930 Critical aquifer recharge area reports. 1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge area report shall be prepared by a hydrogeologist when required in Article III (Critical Aquifer Recharge Areas) of this chapter. 2) Standards for Ccritical Aaquifer Rrecharge Aarea Rreport or Hhydrogeologic Eevaluation. A critical aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge area report shall include: a) A detailed description of how the project, including all processes and other activities, has the potential to impact groundwater recharge or for contaminating groundwater; b) A hydrogeologic evaluation that includes, at a minimum: Appendix B - 76 i) A description of the hydrogeologic setting of the aquifer region; ii) Site location, topography, drainage, and surface water bodies; iii) Soils and geologic units underlying the site; iv) Groundwater characteristics of the area, including flow direction and gradient, and existing groundwater quality; v) The location and characteristics of wells and springs within 1,000 feet of the site; and vi) An evaluation of existing groundwater recharge; and vii) A discussion and evaluation of the potential impact of the proposal on groundwater recharge. c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable; d) A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures; e) Best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality; f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for emergencies; fg) Demonstrate compliance with applicable protection standards in JCCJCC 18.22.330; and gh) Requirements for a monitoring program with financial guarantees/assurances that the monitoring program will be implementedIf performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a variance under JCC 18.22.250 or a reasonable use exception under JCC 18.22.260. 3) County Rreview. Critical aquifer recharge area report or hydrogeologic evaluation shall be forwarded to the Jefferson County department of environmental public health for technical review. The county may request additional information in order to determine the adequacy of the reports and may rely on input from Washington State Department of Ecology or Washington State Department of Health. 4) Conditions for Mmitigation Iidentified in the Ccritical Aaquifer Rrecharge Aarea Rreport or Hhydrogeologic Eevaluation. The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge area report or hydrogeologic evaluation to mitigate the impacts of proposed activities to critical aquifer recharge areas. [Ord. 5-20 § 2 (Appx. A)] 18.22.940 Frequently flooded area reports. 1) Habitat Aassessment Rrequired. A habitat assessment mayshall be requiredsubmitted if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). 2) Standards for Hhabitat Aassessment. a) In addition to the general requirements found at JCCJCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA). b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15 JCC. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 77 18.22.945 Geologically hazardous area reports. 1) General. When required in Article V, a geological professional (state-licensed geotechnical engineer, a geologist, or a professional engineer knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas) shall make a site visit to determine if a geologically hazardous area or its associated buffer is present. Based on the site visit, a geotechnical letter or a geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general report requirements of JCC 18.22.905, and report requirements in sections (2) through (4) below. 2) Qualifications of the preparer. Geotechnical letters and reports shall be prepared by a geotechnical professional licensed geotechnical engineer, a geologist, or a professional engineer) knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas. Geologically hazardous letters, reports, and drawings shall be stamped and signed by the geotechnical professional preparing the documents. 3) Geotechnical letter. A geotechnical letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of clearing, are outside of all geologically hazardous areas or their associated buffers, as described in JCC 18.22.530(2); provided the geotechnical professional is not proposing a buffer reduction. A geotechnical letter shall address the following: a) Describe site location and existing conditions; b) Describe proposed activity and all geologically hazardous areas and buffers that occur on the property; c) Show the distance of the geologically hazardous area buffers and setbacks from the limits of clearing on a site plan, which should be included with the geotechnical letter; and d) Provide recommendations, as appropriate, to minimize the risk of erosion or landslide. 4) Geotechnical report. A geotechnical report shall be prepared and submitted if any part of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area or an associated buffer, as described in JCC 18.22.530(2), (3) or (4), or if a buffer reduction is proposed. a) A geotechnical report shall contain the following information: i) Site location, including parcel number; ii) Detailed description of development, land disturbing activity or use; iii) Date on-site geologic assessment was conducted and date report was completed; iv) Summary of geologic information reviewed and analyzed (such as maps and reports) to determine the potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically hazardous areas and buffers that have the potential to occur in the development, land disturbing activity or use; v) Detailed description of the site, geologically hazardous areas and their associated buffers, including but not limited to, surface and subsurface geology, hydrology, soils, and vegetation; vi) Detailed description of the results of the field investigation, including all geologically hazardous areas occurring on the property. The description shall also address the stability of the geologically hazardous areas and buffers and shall describe any past activity in the vicinity of the property; vii) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the stability of the area. viii) Drainage and erosion control plan that addresses provisions in 18.22.530(1)(f) and presents physical, structural, or managerial best management practices that prevent or reduce pollution of water; Appendix B - 78 ix) Description of potential effects of the proposed activity on stormwater quality, quantity, and runoff patterns post-construction. The report shall clearly indicate if the development, land disturbing activity or use has the potential to affect or alter water movement to the geologically hazardous and buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater; x) If a development, land disturbing activity or use is proposed within a geologically hazardous area as addressed in JCC 18.22.530(2), (3) and (4), the report shall state if the development, land disturbing activity or use can be safely constructed, occupied, or used and shall include any engineering, design, and construction to protect public health and safety; xi) Conclusions and recommendations relevant to the development, land disturbing activity or use and existing site conditions; xii) Site plan showing the location and extent of development, land disturbing activity or use proposed during the site visit; and xiii) Figure showing geologically hazardous areas and their associated buffers relative to property boundaries, the development, land disturbing activity and uses and clearing limits, existing structures and other site features, existing and proposed contours, and stakes placed onsite. b) The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and recommendations in the geotechnical report. Standards for All Geological Assessments. a) Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting structures in geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet been successfully approved, designed, or constructed (e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). b) Limits on Shoreline Bulkheads and Retaining Walls. Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that: i) An existing residential structure or other permitted existing public or private structures or public facilities such as roads or highways cannot be safely maintained without such measures; ii) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and iii) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure and appurtenances. c) Minor Repair Activities on Existing Permitted Structures. Minor repair activities on existing permitted structures (i.e., those that do not involve design modifications, changes in structure location, or demolition or abandonment of failed structure and replacement with new structure) are not subject to the project submittal standards in subsections (2) and (3) of this section. 2) Project Submittal Standards for Geological Reports. A geological report is required for site development proposals that involve development activity or the installation of structures within a geologically hazardous area, or as otherwise required but do not involve or require engineering design recommendations. The following minimum information is required: a) Site information regarding the critical areas designations that affect site features; b) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the locations of structures and the identification of the slope and/or coastal processes occurring at the site and factors that contribute to them; c) Review of available site information, literature, and mapping; Appendix B - 79 d) Detailed description of slope and other topographic features; e) Conceptual siting of structures and general recommendations, which include methods and practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control; f) A description of how the proposal complies with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the current version of the Stormwater Management Manual for Western Washington; g) A description of potential effects of the proposal on stormwater quantity, quality, and runoff patterns post- construction; h) A clear statement whether or not the proposal will affect or alter water movement to the geologically hazardous area and its critical areas buffer if the proposal is implemented; and i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction. 3) Project Submittal Standards for Geotechnical Reports. A geotechnical report is required when the department or a geological report determines that a proposal requires additional site information such as engineering design recommendations, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the geotechnical report will either be a more limited geotechnical slope evaluation report or a full geotechnical design investigation report as described below. a) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope stability analyses are confined to addressing only existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required: i) All the information required under subsection (2) of this section (Project Submittal Standards for Geological Reports); ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineer; iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross-sections; iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections, where applicable; v) Soil strength parameters; vi) Stability analysis of existing site; vii) Analysis of the relationship of vegetation and slope stability; and viii) Conceptual site development plans and cross-sections. b) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long as each item is addressed and the report details why a particular item does not apply. The report shall include all items considered necessary by the engineer to fully address the engineering design requirements of the site. The following minimum information is required: i) All the information required under subsection (1)(a) of this section (Geotechnical Slope Evaluation Report); ii) Geotechnical requirements and measures to reduce risks; Appendix B - 80 iii) Geotechnical criteria used for any designs including all critical dimensions, lateral earth pressures, soil bearing pressures, location, and limits of structures on or near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction requirements, and structure heights; iv) Temporary construction slope stability recommendations and analysis of proposed final site stability measures; v) Required construction specifications and construction monitoring procedures; vi) Revegetation and surface and groundwater management requirements; vii) Evaluation of erosion potential, recommendations for erosion avoidance and any proposed mitigation measures; viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction, and when required for clarification, detailed examples of tests conducted for the project; and ix) Information outlined in the geotechnical design investigation report site evaluation checklist required in subsection (3)(d) of this section. c) Additional Requirements for Projects in Landslide-Prone Geologically Hazardous Areas. When a project is located within a landslide-prone geologically hazardous area, the following additional project submittal requirements shall apply: i) Erosion Control Information. An evaluation of the erosion potential on the site during and after construction is required. The evaluation shall include recommendations for mitigation, including retention of vegetative buffers and a revegetation program. The geotechnical engineer shall provide a statement identifying buffer areas at the top or toe of a slope based on geotechnical site constraints and the impacts of proposed construction methods on the erosion potential of the slope. ii) Seismic Information. The geotechnical engineer shall submit a statement that the design criteria consider the one-in-100-year seismic event (an earthquake ground motion that has a 40 percent probability of exceedance in 50 years). Calculations of soil bearing capacity, general soil stability, and wall lateral earth pressures shall be adjusted to reflect a one-in-100-year seismic event and the structural plans for the project shall be reviewed by the geotechnical engineer for consistency with these design criteria: Analysis for the one-in-100-year seismic event shall be based on a near-crustal event having an assumed magnitude of 6.5 and occurring directly below the site. Based on regional studies performed by others, the department will allow the use of the following minimum general values of horizontal peak ground accelerations for this event: a = 0.2g for fill, alluvial soils a = 0.17g for till, firm glaciated soils a = 0.15g for rock. The appropriateness of the above accelerations shall be confirmed by the geotechnical engineer based on the actual site characteristics. Reduction in the above values may be considered when supported by the appropriate analytical evidence. Slope stability, lateral pressures, and liquefaction of the site shall be assessed by using subsurface soil, rock, and groundwater conditions, as well as the seismic parameters discussed above. iii) Recommendations on Relative Site Stability. The geotechnical engineer shall make recommendations as to which portions of the site are the least prone to instability and the preferred location of the structure. The limits of any area proposed for grading activity shall be identified. iv) Construction Season Limitation. In general, no excavation will be permitted in landslide-prone geologically hazardous areas during the typically wet winter months. When excavation is proposed, including the Appendix B - 81 maintenance of open temporary slopes, between October 1st and April 30th, technical analysis shall be provided to ensure that no environmental harm, threat to adjacent properties, or safety issues would result. In addition, recommendations for temporary erosion control and shoring/mitigating measures shall be provided. The technical analysis shall consist of plans showing mitigation techniques and a technical memorandum from the geotechnical engineer. v) Revisions to Geotechnical Report. Further recommendations shall be provided by the geotechnical engineer should there be additions or exceptions to the original recommendations based on the plans, site conditions, or other supporting data. If the geotechnical engineer who revises the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the department, express his or her agreement or disagreement with the recommendations in the geotechnical report and state whether the plans and specifications conform to his or her recommendations. vi) Plan and Specification Review. The geotechnical engineer shall submit a statement that, in his or her judgment, the plans and specifications (if prepared by others) conform to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropriate measures or specifications that permit construction to occur while addressing slope stability so that the work does not create additional risk. The statement shall also indicate whether or not a relative gain in slope stability will be achieved after construction is complete. vii) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer stating that construction has or has not implemented the design recommendations of the geotechnical report and evaluating any deviation from the design recommendations. d) Geotechnical Design Investigation Report – Site Evaluation Checklist. The following are report guidelines for geotechnical design investigation reports: i) Project information: A) Site owner name; B) Project proponent name; C) Ordinary high water mark (OHWM) where applicable; and D) Critical areas designations affecting site features. ii) Project description, including: A) Description of proposed structures, site improvements, and adverse impact avoidance and reduction methods; and B) Location and total area of the construction zone. The site evaluation checklist information shall be included as part of the geotechnical design investigation report. All items listed above must be addressed in the report. However, the above guidelines are not intended to be all-inclusive. It is the responsibility of the geotechnical engineer to address all factors which in their geotechnical design investigation report is relevant to the project. For any items in the site evaluation checklist that are not relevant to a project, information shall be provided to demonstrate why the site evaluation checklist items are not relevant to a project. 4) Results of Department’s Review. The department shall review the geological assessment and either: a) Accept the geological assessment and approve the application; or b) Reject the geological assessment and require revisions or additional information. [Ord. 5-20 § 2 (Appx. A)] Appendix B - 82 18.22.950 Habitat management reports. 1) General. When required in Article VI of this chapter, a site visit conducted by a wildlife biologist is required to determine if a fish and wildlife habitat conservation area (FWHCA) or its associated buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management plan and include all of the required information described in JCCJCC 18.22.905. Habitat reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI (Fish and Wildlife Habitat Conservation Areas), the general report requirements of JCCJCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section. 2) Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of construction, are outside of all FWHCA and its associated buffers, as described in this chapter; provided, no critical areas buffer reduction is proposed. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following: a) Site location and A description of existing site conditionsall FWHCAs and buffers on the property; b) A description of the proposed development, land disturbing activity or use; c) The buffer width used; d) A description of every FWHCA and its associated buffer on the property; be) Narratively and graphically present the distance of all FWHCAs from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in the habitat review letter; and fc) Photographs of the site, and theevery FWHCAs and its associated buffer. 3) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any portion of the proposeddevelopment, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA, as described in this chapter, or if a critical areas or its associated buffer reduction is proposed. A habitat management plan shall address the following: a) Detailed description of all proposed project components relative to on-siteevery FWHCAs, other on-site development proposed, and limits of clearing; b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction; c) Date site visits were made and date report was completed; d) A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer; de) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with a FWHCAs, location of native vegetation on the property, and location of nonnative or invasive vegetation on the property. The habitat management report should indicate if the critical areas extend off site; ef) If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field investigation; fg) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCCJCC 18.30.060 and JCC 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the proposeddevelopment, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report must clearly indicate ifshall state whether the proposal will affect or alter water movement to the FWHCA and its associated buffer if the Appendix B - 83 proposaldevelopment, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction; gh) Identify all potential impacts of the proposeddevelopment, land use activity or use on every FWHCAs and its associated buffer. The habitat management report shall include: i) Mitigation Ssequencing. Describe measures to avoid and minimize impacts to every FWHCAs. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans must be prepared in accordance with subsection 3)(hi) of this section. ii) Types of Iimpacts. All potential impacts to every FWHCAs and theirits functions and values shall be identified and described in the habitat management report. Habitat management reports shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts. iii) Impact Aarea. The area (square footage) of potential impact shall be quantified for eachevery FWHCA and its associated buffer. At a minimum, impact area shall include FWHCA that occurs within the limits of clearing, as shown on the site plan; and iv) Functional assessment. The impact assessment shall describe how the FWHCA and its associated buffer functions and values will be affected by the development, land use activity or use proposed. hi) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include: i) Description and scaled, graphic rendering of the mitigation proposal and of the area, suitability, and objectives of the area to compensate for impact area and functions. ii) A table identifying impact areas (in square feet) and functions affected for each FWHCA and its associated buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and function). iii) Mitigation plans shall include performance standards that are applicable to the goals and objectives of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years of monitoring. iv) A planting plan, when appropriate, that lists the species to be planted, including quantity and planting density of each species to be installed. v) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described. vi) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure FWHCAs are adequately mitigated and protected. vii) A site map showing existing conditions, including property boundaries, the location of the development, land disturbing activity or use and limits of clearing, existing structures and other physical features on the property, the location of every on-site FWHCA and associated buffer potentially affected by the proposal. viii) A site map showing impact areas on the property. Figure shall show every FWHCA and its associated buffer potentially affected by the proposal relative to clearing limits, property boundaries, and existing site features. ix) A site map showing mitigation areas on the property. The site map shall all proposed mitigation areas on the property. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure. Appendix B - 84 viix) Photographs of the site and the FWHCAs. 4) Habitat management plans prepared for any unavoidable development activity within a FWHCA or the inner 75 percent of a standard buffer shall accompany either a financially bonded critical area stewardship plan or critical areas variance application or reasonable economic use exception in JCC 18.22.250 or 18.22.260. 5) In-Llieu Ffee (ILF) Pprogram. A mitigation plan shall not be required if an actively managedapproved ILF prograprogram, as specified in JCC 18.22.660(3),m is used to mitigate project impacts.; provided, that the administrator has approved the use of ILF to achieve compensatory FWHCA mitigation. [Ord. 5-20 § 2 (Appx. A)] 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 1) Purpose. WAC 360-190-130(4)(a) requires the county to consult current information on priority habitats and species identified by the Washington state department of fish and wildlife. WAC 360-190-130(4)(b) states the county should identify, classify and designate locally important habitats and species. This section describes the process and requirements for designating species and habitats of local importance that are not covered by the federal and state sensitive, threatened, or endangered species regulations. Accordingly, this section details the requirements for designating, and monitoring, and removing species and habitats of local importance that are not covered by the State Priority Species and Habitats List., as well as removing such species and habitats from designation if necessary. 2) Definition. The use of the term “habitat” in this section means a place or type of site where a plant or animal naturally or normally lives and grows, and includes areas used by a species during any life stage at any time of the year. 32) Procedure for Ddesignation – Generally. An application/nomination to designate a habitat of local importance as a critical area shall be processed according to the procedures for Type V land use decisions established in Cunder chapter 18.40 JCC. 43) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate and apply for designation of a species or habitat of local importance. A nominating person or organization must be a resident of, Any person residing or headquartered in, Jefferson County or any county department may apply for designation of a species or habit of local importance. 54) Nomination/Application SubmittalRequirements for approval of an application for designation of a species or habitat of local significance. a) The applicant shall provide information demonstrating that the species or habitat is native to Jefferson County, existing on or before the date of adoption of the regulations codified in this chapter. b) The All nominations/applications for designation of a species/habitat of local significance shall include all of the following: i) Identification of the species including its scientific and locally common name(s); ii) Identification of the geographic location, including Jefferson County parcel numbers, and extent of the habitat associated with a nominatedan applied for species or the nominatedapplied for habitat itself if not associated with an applied for nominated species; a map of an appropriate scale to properly describe the location and extent of the habitat will accompany the nomination, as well as geo-referencing information sufficient to allow mapping of the habitat site in the county GIS mapping system; iii) Identification of the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). iv) For a proposed wildlife corridor, the features that are required for the corridor to remain viable to support and protect the applied for species. v) A map of an appropriate scale to properly describe the location and extent of the habitat; Appendix B - 85 vi) Geo-referencing information sufficient to allow mapping of the applied for habitat in the county GIS mapping system; vii) The status of the species or the occurrence of the type of habitat in surrounding counties and in the rest of the state has been considered in making this applicationnomination;. c) (iv) The application shall include Aa management plan strategy for protection of the species or habitat that includes all of the following;: vi) Indications as to wWhether the proposed management planstrategy has been peer reviewed, and if so, how this was done and by whom; vii) Where restoration of habitat is proposed, a specific plan, including hHow the restoration will be funded, must be provided as part of the nomination; viii) Recommendations for allowed, exempt, and regulated development, land disturbing activities or uses within the area; iviii) Recommended buffer and setback requirements and their justification; ixv) Any Sseasonal requirements; vix) A monitoring plan must bethat is practical and achievable and includes all of the following: A) Baseline data and a description of what measurements will be used to determine the success of the project. B) The plan shall include the criteriarequirements and time period required to evaluate the success of the plan; BC) A contingency plan for failure; and CD) A list of all parcels not included in the nomination but affected by the monitoring process; xivii) The nomination must also include aAn economic impact, cost, and benefits analysis; and viii). The nomination must also include a An analysis of alternative solutions to formal designation of the species or habitat of local importance as a regulated critical area under this chapter. cd) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance. 65) Review and Aapproval Ccriteria. a) Species nominatedThe application for designationg a species of local importance under this section mustshall satisfy all of the following criteriarequirements: i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act, chapter 36.70A RCW; ii) The species is sensitive to habitat manipulation; iii) The species or habitat has commercial, game, or other special value such as it is locally rare species; iv) The application shall nomination includes an analysis of the proposal using best available science; and v) The application nomination specifies why protection by other county, state or federal policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of the species or habitat and for which management strategies are practicable, and describes why, without designation and protection, there Appendix B - 86 is a likelihood that the species will not maintain and reproduce over the long term, or that a unique habitat will be lost. b) Applications for Hhabitats of nominated for designation under this section mustshall satisfy all of the following criteria: i) Where the application for a habitat is nominated tofor protection of a species, the use of the habitat by that species mustshall be documented or be highly likely or the habitat is proposed to be restored with the consent of the affected property owner so that it will be suitable for use by the species; and long-term persistence of the species in Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat; ii) The applied for Aareas nominated to protect a particular habitat shall must represent either high quality native habitat or habitat that has an excellent potential to recover to a high-quality condition and which is either of limited availability or highly vulnerable to alteration; and iii) The application nomination specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nominationapplication shall specify those features that are required for the corridor to remain viable to support and protect the nominatedapplied for species. 76) Review and Aapproval Pprocess. a) The department of community developmentDCD shall determine whether the application submittal is complete. If deemed complete, the departmentDCD shall evaluate the proposal for compliance with the approval criteria in this section and make a recommendation to the planning commission based on those criteria. The departmentDCD shall also notify all parcel owners affected of the terms and contents of the proposal. b) Upon receipt of a staff report and recommendation from the departmentDCD, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County board of commissioners based upon the approval criteria in this section. c) The Jefferson County board of commissioners shall consider the recommendation transmitted by the planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board. d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by the departmentDCD, and a notice to title shall be placed upon all parcels affected by the designation. e) Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat. 87) Removal from Ddesignation. Species or habitats of local significance may be removed at any time; provided, they no longer meet the criteria in subsection (65) of this section (e.g., as a result of a natural catastrophe or climatic change event); and provided further, that theall procedural requirements of this section and the procedural requirements established for Type V land use decisions within Cchapter 18.40 JCC are met. [Ord. 5-20 § 2 (Appx. A)] 18.22.960 Wetland reports. 1) General. When required by Article VII of this chapter, a site visit conducted by a wetland specialist or qualified wetland professional is required to determine if a wetland is present. Based on the site visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland Appendix B - 87 delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general report requirements of JCCJCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section. If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a wetland buffer the wetland reports shall accompany either a financially bonded critical area stewardship plan or critical area variance application in JCC 18.22.250 or reasonable economic use exception in JCC 18.22.260. 2) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if all the project components of the development, land disturbing activity or use are at least 300 feet from areas of temporary impact and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that proposed projectsdevelopment, land disturbing activity or use, because of their location will not impact wetlands and will include all of the following: a) Describe all wetlands and their associated buffers on the property; b) Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan. The site plan used during the site visit shall be included in the wetland reconnaissance letter; c) Provide a wetland delineation field data form for all potential wetland areas assessed; e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and f) Photographs of the site and the wetlands. 3) Wetland Delineation Report. A wetland delineation report shall be prepared and submitted if any portion of the proposeddevelopment, land disturbing activity or use is within 300 feet of areas of temporary impact and areas within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall address all of the following: a) Date site visits were made and date report was completed. b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and associated buffers within 300 feet of the proposeddevelopment, land disturbing activity or use. c) Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number. d) Wetland Determination Field Data Forms for all wetland and upland plots shall be included in the report. e) Wetland Rating Forms for all wetlands identified shall be included in the report. df) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCCJCC 18.30.060 and JCC 18.30.070, and the 2014most current version of the Stormwater Management Manual for Western Washington (or as amended), describe any potential effects of the proposeddevelopment, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report mustshall clearly indicate if the proposalstate whether the development, land disturbing activity or use will affect or alter water movement to the wetland if the proposal development, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post- construction. e) Describe how the proposal complies with all the requirements of Article VII (Wetlands) of this chapter. f) Wetland rating form for each wetland identified shall be included in the wetland report. Appendix B - 88 g) Figure showing mitigation areas on the property. Square footage of each mitigation area shall be shown on the figure. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure.(g) All potential impacts shall be identified. The impact assessment shall include: i) Mitigation sequencing. Describe measures to avoid impacts to wetlands and buffers. For any unavoidable impacts, describe measures to minimize impacts. ii) Types of impacts. All potential impact to wetlands and buffers shall be identified and described in the report. Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary long-term and short-term) impacts, and cumulative impacts. iii) Impact area. The area (square footage) of potential impacts shall be quantified for each wetland and buffer. The impact area shall include the wetland and buffer areas that occur within the limits of clearing, as shown on the site plan. iv) Functional impact. The impact assessment shall describe how wetland and buffer functions and natural processes will be affected by the proposed development or use. v) Figures. The impacts described above shall be shown a figure. vi) Photos. Photos of areas to be impacted shall be included in a report. h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation plans shall include: i) Description of the mitigation area and suitability of the area to compensate for impacts to area and functions. ii) Detailed description of the mitigation proposal. iii) Goals and objectives of the mitigation proposal, including a detailed description of how the proposal will compensate for impacts. iv) Table identifying impact areas (square feet) and functions affected for each wetland and buffer. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and functions). v) Mitigation plans shall include performance standards that are applicable to the goals and policies of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years. vi) A planting plan that lists the native species to be installed, including quantity and density of each species. vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described. viii) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure wetlands and buffers are adequately mitigated and protected. ix) Figure showing existing conditions, including property boundaries, location of the proposed activity and limits of clearing, existing structures and other physical features on the property, location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and plot locations. x) Figure showing impact areas on the property. Figure shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site features. Appendix B - 89 xi) Figure showing mitigation areas on the property. Figure shall show location and square footage of each mitigation area. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease. ih) Photographs of the site and the wetlands or buffer. 4) A mitigation plan shall not be required if an actively managed ILF program is approved by the administrator and used to mitigate project impacts. [Ord. 5-20 § 2 (Appx. A)] 18.22.965 Critical area stewardship plans. 1) General. Property Owner Election. Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an alternative to the prescriptive requirements of Article VI (Fish and Wildlife Habitat Conservation Areas (FWHCAs)) and Article VII (Wetlands) of this chapter. The overall goal of the CASP is to maintain existing functions and values of the watershed and sub-basin, while addressing the needs and desires of the property owner. CASPs are an option if any portion of a development is proposed within a FWHCA, wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use exception per JCC 18.22.260. 2) Authority. The administrator may approve CASPs as an alternative to a variance pursuant to JCC 18.22.250 or for critical area buffer reductions greater than 25 percent; provided, the project does not require a reasonable economic use varianceexception pursuant to JCC 18.22.260. 3) Review of CASPs reports and Aapproval of CASPs permits. The administrator shall be responsible for reviewing and approving submitted CASPs reports and issuing CASPs permits. The administrator may, at the administrator’s discretion, seek technical assistance from the Jefferson County conservation district, Washington State Department of Fish and Wildlife or the Washington State Department of Ecology when reviewing CASPs. 4) Applicability and Llimitations. The following provisions define the applicability and limitations of the CASPs may be used in any land use district, provided all of the following requirements are met: a) CASPs may be used in any zoning designation if the provisions of this article can be met. CASPs may shall not be used where rural transitional zoning applies pursuant to chapter 18.19 JCC in the urban growth area if a buffer reduction implemented while using transitional zoning (i.e., rural zoning designation prior to connection with a sewer system) has the potential to preclude future urban growth area density requirements in chapter 18.18 JCC.; The overall goal of the CASP is to maintain existing functions and values of the watershed and subbasin, while addressing the needs and desires of the property owner. b) CASPs can be applied toon properties one-quarter acre or larger;. c) CASPs are only allow for development, land disturbing activities or uses proposed in FWHCAsare only applicable to fish and wildlife habitat conservation areas and their associated buffers (Article VI of this chapter) or wetlands and their associated buffers (Article VII of this chapter).; d) CASPs mustshall provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks.; e) Permits for a CASP not in shoreline jurisdiction as determined by chapter 18.25 JCC shall be processedCASPs will be administered as a Type I land use decision under permit, per Cchapter 18.40 JCC.; and f) Permits for a CASP in shoreline jurisdiction shall be processed as specified in chapter 18.25 JCC. 5) Implementation and time limits for a CASP. a) The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed. b) A CASP permit is valid for the same timeframe asshall be limited to the same period as the underlying permit (e.g., building permit, septic permit, shoreline permit). However, Iif the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be Appendix B - 90 limited tovalid for three five years from the date the CASP permit is issued. A CASP permit shall not be considered valid beyond five years from the date the CASP permit is issued. If the underlying permit remains valid beyond five years, the CASP permit shall be considered null and void. Once the permit has expired, it shall not be renewed. bc) The application for a CASP shall be made on a form approved by DCD. The applicant shall record a notice title for the CASP any approved mitigation with at the Jefferson County auditor’s office and shall post a mitigation performance bond in an amount determined by the administrator to be sufficient to ensure compliance with the CASP, including the estimated cost of monitoring by staff or a qualified professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this section. Any amount remaining shall be refunded to the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is later. with the department. The administrator shall provide the necessary paperwork to the applicants. Assuming the administrator does not need to designate staff (or contract with other qualified professionals) to ensure that maintenance and monitoring are completed as required by this section, the performance bond is to be refunded to the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is greater. The CASP permit is a conditional approval and d) nNo other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless approved by the administrator. 6) Report requirements. a) CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC 18.22.905 (general requirements) and JCC 18.22.950 (habitat management reports) or JCC 18.22.960 (wetland reports). b) The CASP report shall be consistent with protection standards in Article VI (FWHCA) and Article VII wetlands). c) It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the critical area and or its associated buffer. CASPs that cannot demonstrate protection of the critical area and its associated buffer shall not be approved. 7) As-Bbuilt Pplan Rrequirement. An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include: a) A contour map describing final contours if grading is required; b) A quantitative description of the vegetation plantedwork completed to show compliance with the approved mitigation plan and CASP permit conditions; c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes; d) Additional photographic documentation that shows the condition of mitigation area(s) once CASP mitigation has been implemented; e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and f) Building final certificate of occupancy or septic final shall not be issued until the applicant has submitted an as-built showing compliance with this article, the approved CASP report, and all CASP permit conditions. 78) Contingency Pplan Rrequirement. A contingency plan is required describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because of events outside the landowner’s control (e.g., damage associated with wildlife). For instance, if one of the planted species of vegetation Appendix B - 91 proves ill adapted to the environment and fails to survive or thrive to the extent needed to provide the intended function then alternative species should be identified. In general, plans should initially plant at greater than 120 percent of the specified final density of shrubs and trees. The contingency plan should call for either supplemental planting when the density falls below the prescribed final density or it could call for the planting of alternate specie(s). 89) Failure to Ssubmit Rrequired Rreports. Failure to submit a report required under this article shall constitute a failure to comply with the terms of the permit. 910) Performance Bbond. The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure compliance with the permit (or if development, land disturbing activities or uses on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit conditions shall be processed by the administrator pursuant to JCC Ttitle 19 JCC (Code Compliance). 10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the administrator’s opinion, critical area functions and values will not be adversely affected by a proposed development, land disturbing activity or use. 11) Recording of Aapproved CASP Rrequired. An approved CASP must be recorded on the property deed recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP approved by the county. [Ord. 5-20 § 2 (Appx. A)] 1 Code reviser’s note: Ord. 9-20 amended Section 18.22.350 as it existed before the repeal and replace of Chapter 18.22 by Ord. 5-20. The provisions addressed by the former 18.22.350 are now found in 18.22.740. The change indicated by Ord. 9-20 was a cross-reference change. That change has been made but otherwise this section reads as laid out in Ord. 5-20. Appendix C - 1 APPENDIX C Chapter 17.05 JCC 17.05.050 Additional requirements. The following ordinances and requirements may qualify or supplement the regulations presented in this division. Where the regulations of this division, those set forth below, or any other local, state, or federal regulations overlap, the most restrictive and/or protective standards shall apply. 1) Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areasChapter 18.22 JCC (Critical Areas) 2) JCC 18.30.070, Stormwater management standards; 3) Chapter 18.35 JCC, Land Divisions, as amended by this division; 4) Chapter 246-272 WAC, On-Site Sewage Systems; 5) Chapter 18.25 JCC, Shoreline Management Master Program; 6) Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this division (see JCC 17.10.060) to limit agreements pursuant to section 7.20(1) of the Forest Lands Ordinance so that when a new structure is proposed on land adjacent to land designated as commercial forest land, in no case shall an agreement be made which allows the setback to be reduced to less than 150 feet and, further, a minimum average setback of 200 feet shall be maintained, exclusive of critical areas and their associated setbacks; 7) All local and state monitoring, operational, and management requirements for sewer, water, and stormwater utilities, updated as may be required by the local or state agency with jurisdiction; 8) Land use procedures of JCC Title 18, Unified Development Code. Appendix D - 1 APPENDIX D Chapter 18.10 18.10.020 B definitions. Buffer” means an area that is intended to protect the functions and values of a critical areas or a shoreline. Protecting these functions and values may includes the preservation of existing native and nonnative vegetation where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily enhanced or restored. Buffer zone, strip, or area” means an area designed to separate incompatible uses or activities. 18.10.060 F definitions. Fish habitat” has the same meaning as in WAC 222-16-010. 18.10.160 P definitions. Practicable alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impact to critical areas. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. 18.10.170 Q definitions. Qualified professional or individual” means an agency or individual based on schooling, certifications, or experience has demonstrated to the administrator’s satisfaction that they are qualified to perform simple activities including but not limited to restoration or enhancement plans. 18.10.180 R definitions. Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a lower environmental cost or decreased level of environmental degradation. Reasonable alternatives may be those over which the regulatory authority has authority to control impacts. 18.10.190 S definitions. Shoreline buffer” means any buffer required by chapter 18.25 JCC. Standard buffer” means a buffer that has a standard width required by chapter 18.22 JCC or chapter 18.25 JCC. 18.10.210 U definitions. Utilities, public” means facilities serving the public through a network of wires or pipes, and ancillary structures thereto, including systems for the delivery of natural gas, electricity, and telecommunications services. Utilities, private” means utilities including but not limited to gas, electric, water, sewer, stormwater and telecommunication service lines that are not public utilities is owned and maintained by a property owner or a private company, These utilities often extend beyond service meters or public lines, including lines to specific buildings, facilities, or private infrastructure. Utility distribution lines” means pipes, wires, and associated structural supports serving more than one parcel. 18.10.230 W definitions. Wetland buffer” means the area immediately adjoining and contiguous with a wetland. WASHD” means the Washington State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD). Appendix E - 1 APPENDIX E Chapter 18.30 JCC 18.30.080 Roads. 1) General. The following shall apply to all public and private roads, including any road in a development subject to Chapter 18.35 JCC, Land Divisions: a) Transportation facilities shall be designed and constructed in conformance with the following reference manuals and standards of the Jefferson County department of public works which are hereby adopted by reference in this code, including: i) American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets, Standard Specifications for Highway Bridges, and Roadside Design Guide; ii) Washington State Department of Transportation (WSDOT) Local Agency Guidelines, Highway Design Manual, Bridge Manual, Construction Manual, Highway Runoff Manual, Hydraulics Manual, Plans Preparation Manual, Standard Specifications for Road, Bridge, and Municipal Construction, and Standard Plans for Road, Bridge, and Municipal Construction; iii) Washington Department of Ecology Stormwater Management Manual; iv) Federal Highway Administration Manual on Uniform Traffic Control Devices; v) Institute of Transportation Engineers (ITE) Trip Generation Manual; and vi) Transportation Research Board (TRB) Highway Capacity Manual, Special Report No. 209. b) Bridges shall be designed and constructed in conformance with the standards of the department of public works identified by reference in this code. Bridge design and construction shall be certified by a licensed engineer. c) Road signs and traffic signs shall be installed in conformance with the standards of the department of public works identified by reference in this title. d) Drainage, erosion control, and stormwater management facilities shall comply with the requirements of the storm drainage standards contained in JCC 18.30.070 and the Washington Department of Ecology Stormwater Management Manual, and any other applicable Jefferson County standards. e) The applicant shall submit plans for construction of roads, bridges, stormwater management facilities, and/or land disturbing activities regulated by this code to the department of public works for review and approval prior to commencing construction. f) Clearing, grading, and construction of roads, bridges, utilities, and stormwater management facilities shall be inspected by the department of public works. In order to enable the department to conduct inspections in a timely manner, the applicant shall notify the department in a timely manner regarding the project construction schedule. The following road inspections are typically required: i) Installation of temporary erosion and sediment control measures; ii) Clearing and road subgrade preparation; iii) Placing roadway gravel base; Appendix E - 2 iv) Placing roadway crushed surfacing top course; v) Placing improved roadway surface (chip seal or asphalt concrete); vi) Construction of stormwater management facilities; and vii) Final plat review. Additional inspections may be necessary based on site-specific conditions or the nature of the project. g) The department of public works may require development applicants to submit a traffic analysis prepared by a licensed engineer in order to determine the potential off-site impacts to public and private transportation facilities from proposed subdivisions. h) Subdivision road systems shall provide access to the public road system at two locations, when feasible. One access location may be allowed based on a finding by the department of public works that a single access location is adequate to protect the public health, safety, and welfare. i) Access to subdivisions from arterial and collector roads shall be restricted. Lots shall be accessed from an internal access road system, unless the lots are accessed from a local access road. j) Developments shall make appropriate provision to ensure safe walking conditions for pedestrians and for students who walk to and from school. Construction of road improvements, sidewalks, trails, or bicycle facilities may be required in order to meet this standard. k) Subdivisions shall make appropriate provision for transit and school bus stops. l) When a proposed subdivision is adjacent to a county road, a right-of-way 30 feet in width from the roadway centerline shall be conveyed to Jefferson County by either statutory warranty deed or dedication in fee simple on the plat, if such right-of-way has not been previously conveyed. m) Easements for private roads providing access to and/or internal circulation within subdivisions shall be 60 feet in width. Easement width may be reduced on the recommendation of the department of public works based on a finding that the public health, safety, and welfare will be protected and that the easement width is adequate for the construction and maintenance of roads and utilities. Where reduced access easement widths are proposed, parallel utilities easements may be required. n) Access easements from the county road system to the subdivision shall be provided consistent with the requirements of this code. Access from the public road system shall be depicted on the final plat. o) Subdivision road names shall be approved by the board of county commissioners based on a recommendation by the department of public works and in compliance with Cchapter 12.20 JCC, 911 Emergency Locator System. p) Subdivisions shall establish an agreement for the continuing maintenance of private roads either by recording a separate instrument and referencing said instrument on the plat or by declaring a maintenance agreement on the plat. The applicant shall submit the maintenance agreement to the department of public works for review and approval prior to final plat approval. q) All required construction of roads, bridges, utilities, and stormwater management facilities shall be inspected and approved by the department of public works prior to final development approval. r) Developments proposing access to county collector roads and state highways shall make appropriate access improvements to ensure that mobility on these roadways is not degraded. The design of access improvements shall be reviewed and approved by the Jefferson County engineer for county roads and by the Washington Department of Transportation for state routes. s) Subdivision applicants may post a surety guaranteeing completion of subdivision improvements within one year Appendix E - 3 of final plat approval. The surety shall be reviewed and approved by the department of public works. The surety shall be for 200 percent of the cost of constructing the improvements based on an estimate prepared by a licensed engineer. In the event that the applicant does not complete construction of improvements within one year, the department of public works shall be authorized to complete the construction and pay for the work from the surety account. Surety shall not be accepted for water supply development other than distribution facilities. t) A maintenance bond guaranteeing any improvements required by this code for two years may be required by Jefferson County as a condition of final plat approval. Maintenance bonds shall be approved by the department of public works. u) Applications requiring review by the department of public works to meet the requirements of this section shall be assessed hourly review fees in accordance with the Jefferson County fee schedule. By making application, the applicant agrees to reimburse the department for its expenses even if the proposal is denied by subsequent action of the county or the proposal is otherwise not completed. v) Modifications to design and construction standards for a specific road project may be approved by the county engineer. 2) Public Roads. a) General. i) The Jefferson County engineer is responsible for the design and construction of all county roads. ii) The standard right-of-way width is 60 feet for all public roads. iii) Roadway monumentation shall be approved by the department of public works. iv) Road access permits are required for access to county roads. Applications will be reviewed by the administrator for the requirements of the environmentally sensitive areas overlay district (see Article VI-D of Chapter 18.15 JCC)chapter 18.22 JCC (Critical Areas) and of the State Environmental Policy Act (Article X of Chapter 18.40 JCC) prior to being approved by the county engineer. Such permits shall be limited as follows: A) The number of access points along roads shall be limited to one per parcel, except: For agricultural access; When the parcel topography makes a single access point impractical for the entire parcel; When access is being provided for commercial uses with 20 or more parking spaces; or When additional access points are required or approved by the county engineer. B) New access points to arterial roads shall not be allowed if reasonable access from any other road is available. C) Road access points shall have a clear and unobstructed sight distance in both directions adequate to ensure public safety. Appropriate site distances shall be determined by the county engineer, based on speed limit, roadway surface, and other pertinent factors. D) Storm drainage and culvert sizing shall be based upon engineering analysis and the standards of JCC 18.30.060(2) and 18.30.070. Maximum length of surface drainage for roadside ditches before discharging onto adjacent property or into natural drainageway shall be 1,000 feet. E) The permits shall be conditioned to address impacts to environmentally sensitive areas or as indicated by SEPA analysis, if applicable. F) The county engineer shall have the authority to approve or deny all road access permits, which decision is final Appendix E - 4 and not subject to administrative appeal. b) Road and Right-of-Way Dedication. i) Where any public road right-of-way abutting a property proposed for a development is subject to a conditional use permit or to Chapter 18.35 JCC, Land Divisions, and has insufficient width to conform to the county’s adopted road standards for the class of road involved, the county engineer may: A) Require the dedication of sufficient additional right-of-way to bring the abutting half of the right-of-way measured from the existing county road centerline) into conformance with the adopted standards; and B) Obtain additional easements to cut and fill on the subject property adjacent to the county road, and to provide for drainage of surface and stormwater runoff by directing the runoff along or into natural drainageways on lots adjacent to the county road. Such drainage should be designed and mitigated to avoid or minimize impacts to the environment and to the affected properties. ii) The county may accept the dedication of new county roads and rights-of-way subject to the following standards: A) Only if all of the following criteria are met: The road right-of-way is at least 60 feet in width and is dedicated to Jefferson County in fee simple; The road meets all other county standards; and An evaluation by the county engineer deems the road to be of general public benefit. B) When roads are proposed to be dedicated to Jefferson County, the county engineer shall make a report to the board of county commissioners regarding the practicality and necessity of accepting the dedication, the effect of the dedication on traffic circulation, and any other matters deemed to be material by the county engineer. C) All road rights-of-way dedications shall be processed in accordance with final plat procedures contained in Chapter 18.35 JCC, Land Divisions. c) Road Vacations. All applications to the board of county commissioners seeking vacation of a county road right- of-way or any portion of one shall be subject to the requirements of Chapter 12.10 JCC, Road Vacations. 18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas. All land uses identified in Article III of Cchapter 18.22 JCC and special aquifer recharge protection areas that are also classified as susceptible aquifer recharge areas (as defined Cchapter 18.22 JCC) shall adhere to be designated areas of special concern pursuant to WAC Title 246. Consistent with WAC Title 246, the Jefferson County board of health determines the best management practices (BMPs) established in chapter 8.15 JCC to meet minimum on-site sewage system design standards for sites that are within both a susceptible aquifer recharge area and a special aquifer recharge protection area (as identified in Article III of Cchapter 18.22 JCC). The current BMPs, subject to modification from the Jefferson County board of health, are: 1) The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from wastewater in Type 1 and 2 soils (excessively coarse and coarse) with conventional gravity fed on-site sewage systems. To more adequately protect the groundwater in these areas from contamination by these elements the standards in this section have been developed utilizing a combination of treatment systems and land use density parameters. 2) Where land use densities are such that adequate aquifer protection is not ensured, best management practices for on-site sewage shall apply to new development, or expansion (as defined in WAC 246-272A-0010) of existing development when an on-site sewage disposal system is installed. a) Tables 1 and 2 shall be used to determine the type of on-site sewage disposal system required and the minimum lot size in different soil types where public water is available. Lot size requirements are taken from the Washington State On-Site Sewage Code, Chapter 246-272A WAC, Table X. Soil textural classifications Appendix E - 5 and minimum standards for methods of effluent distribution for soil types and depths are taken from Chapter 246-272A WAC, Tables V and VI, respectively. b) In critical aquifer recharge areas, no on-site sewage permit will be issued where public water systems are not available on lots less than one acre, except as permitted in subsection (2)(c) of this section. c) When lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is impracticable, an approved composting toilet and greywater treatment system may be permitted. Permits for composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend composting facility or other approved site. On-site use or disposal of the toilet-generated compost shall not be allowed. d) BMPs shall be updated as new technologies are reviewed and approved by Jefferson County public health and/or Washington State Department of Health. Criteria for review of new or existing systems will include, but not be limited to, adequate laboratory evidence provided by the system proprietor of a minimum of 50 percent total nitrogen reduction prior to final disposal. Currently, acceptable BMPs include: i) Intermittent sand filter followed by a shallow pressure distribution system (also meets Treatment Level B); ii) Recirculating gravel filter; iii) Composting and incinerating toilets – if these are used, greywater from the facility shall be treated by the method normally required by the site and soil conditions required under Chapter 246-272A WAC. For example: Type 1 soils require Treatment Level B under Chapter 246-272A WAC. Only composting or incinerating toilets on the List of Registered On-Site Treatment and Distribution Products by the Washington Department of Health may be permitted; iv) Treatment units listed in Washington State Department of Health Registered Products meeting Treatment Level N. e) Systems that meet Treatment Levels A and B and N are listed and approved by the Washington State Department of Health and are available in the List of Registered On-Site Treatment and Distribution Products. Only those systems that meet Treatment Levels specified in Chapter 246-272A WAC and meet Treatment Level N or are listed as nitrogen reduction BMPs (in subsection (2)(d) of this section) meet the standard for critical aquifer recharge area requirements in Type 1 soils. f) Where a question/disagreement regarding the soil texture exists the following procedure shall be used: i) Sample will be taken in the presence of Jefferson County public health staff. ii) Chain of custody protocol shall be followed. iii) Lab reports shall be sent to Jefferson County environmental health division and the applicant, or applicant’s representative, for review. Table 1 On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Three Feet Vertical Separation in Critical Aquifer Recharge Areas 1 Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this section or Treatment Level N in Chapter 246-272A WAC. Appendix E - 6 Soil Type (as defined in Chapter 246-272A WAC) Minimum Lot Size2 1 2 3 4 5 6 1.0 ac Treatment Level A or B Pressure Distribution Conventional Gravity Conventional Gravity Conventional Gravity Conventional Gravity 22,000 sq. ft. Treatment Level A or B that is also listed as NO3 BMP NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution 0.5 ac 21,780 sq. ft.) Treatment Level A or B that is also listed as NO3 BMP NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution 20,000 sq. ft. NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution 18,000 sq. ft. NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution 15,000 sq. ft. NO3 BMP Shallow Pressure Distribution 12,500 sq. ft. NO3 BMP 1As defined in Article III of Chapter 18.22 JCC. 2Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010. Table 2 On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Two Feet But Less Than Three Feet of Vertical Separation, for Development in Critical Aquifer Recharge Areas 3 Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this section or Treatment Level N in Chapter 246-272A WAC. Soil Type (as defined in Chapter 246-272A WAC) Minimum Lot Size4 1 2 3 4 5 6 1.0 ac Treatment Level A or B Pressure Distribution Pressure Distribution Pressure Distribution Pressure Distribution Pressure Distribution 22,000 sq. ft. Treatment Level A or B that is also listed as NO3 BMP NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution Shallow Pressure Distribution 0.5 ac Treatment NO3 BMP Shallow Shallow Shallow Appendix E - 7 Soil Type (as defined in Chapter 246-272A WAC) Minimum Lot Size4 1 2 3 4 5 6 21,780 sq. ft.) Level A or B that is also listed as NO3 BMP Pressure Distribution Pressure Distribution Pressure Distribution 20,000 sq. ft. NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution 18,000 sq. ft. NO3 BMP Shallow Pressure Distribution Shallow Pressure Distribution 15,000 sq. ft. NO3 BMP Shallow Pressure Distribution 12,500 sq. ft. NO3 BMP 3As defined in Article III of Chapter 18.22 JCC. 4Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010. The Jefferson County board of health has the authority to modify these BMPs, provided there is compliance with WAC Title 246. The above BMPs are in effect until modified by the Jefferson County board of health, consistent with WAC Title 246. [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1] Appendix F - 1 APPENDIX F Chapter 18.40 JCC 18.40.010 Purpose. Articles I through VI of this chapter are a mechanism for implementing the provisions of Cchapter 36.70B RCW the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with the Jefferson County Comprehensive Plan and development regulations. 1) Given the extensive investment that public agencies and a broad spectrum of the public have made and shall continue to make in Jefferson County’s Comprehensive Plan and development regulations, it is essential that project review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the provision of public facilities needed to review the proposed development and site, these decisions, at a minimum, provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under Cchapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site- specific issues and impacts identified through land use project application review. 2) Comprehensive plans and development regulations adopted by the county under Cchapter 36.70A RCW (the Growth Management Act), sub-area plans, and environmental policies, laws and rules adopted by the county, the state, and the federal government address a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development (e.g., building size and location, drainage, transportation requirements, and protection of environmentally sensitive areascritical areas). When the county applies these existing requirements to a proposed project, some or all of a project’s potential environmental impacts may be avoided or otherwise mitigated. Through the integrated project review process described in Articles I through V of this chapter, the administrator shall determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project’s environmental impacts. Project review generally should not require additional studies and mitigation under Cchapter 43.21C RCW where existing regulations adequately address a proposed project’s probable significant adverse environmental impacts. Development regulations enable project review through the application of established scientific standards, required studies and standard mitigation measures. 18.40.620 Scope. This article shall apply to all applications for variances from the provisions of this code, except for reasonable economic use variances and environmentally sensitive area buffer width reductions, which shall be governed by the provisions of Article VI-D of Chapter 18.15 JCCchapter 18.22 JCC (Critical Areas). 18.40.750 Categorically exempt actions – Use of existing documents and analyses. 1) Categorically Exempt Levels. a) Except with the adoption of flexible threshold limits as set forth in subsections (1)(b) through (e) of this section, Jefferson County adopts and incorporates by reference the categorical exemption levels set forth in WAC 197-11- 800. b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or excavation activity in Jefferson County shall be 500 cubic yards. c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 30,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. Appendix F - 2 d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction of an office, school, commercial, recreational, service or storage building with 12,000 square feet of gross floor area, and with associated parking facilities designed for up to 40 automobiles. e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40 automobiles shall be exempt. 2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this section do not require review under this article or the preparation of an environmental impact statement, and may not be conditioned or denied under SEPA, except as provided in WAC 197-11-305 and subsection (3) of this section. 3) Use of Exemptions. a) The responsible official shall determine the applicability of a categorical exemption. The determination by the responsible official that a proposal is exempt from SEPA is final. None of the procedural requirements of this article except as provided in WAC 197-11-305 and this subsection) apply to an exempt proposal. b) If a proposal includes exempt and non-exempt actions, the responsible official shall determine the lead agency pursuant to WAC 197-11-050. c) If a proposal includes exempt and non-exempt actions, the county may authorize exempt actions prior to compliance with procedural requirements of this article, except as provided in subsections (3)(d) through (3)(g) of this section. d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize the use of exemptions for: i) Actions that are not exempt; ii) Any action that would have a probable significant adverse environmental impact; iii) A series of exempt actions that are physically or functionally related which together would result in a probable significant adverse environmental impact for the overall project; or iv) Any action that would limit choice of alternatives. e) The county may withhold approval of an exempt action that would lead to modification of the physical environment when such modification would serve no purpose if nonexempt action(s) were not approved (see WAC 197-11-305(1)(b)(i)). f) The county may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the non-exempt action(s) were not approved. g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall remain exempt under SEPA even when located in one or more of the environmentally sensitive areas (ESAs) classified, designated and mapped under Article VI-D of Chapter 18.15 JCCcritical areas listed in chapter 18.22 JCC (Critical Areas). However, the categorical exemptions listed in WAC 197-11-800 shall not apply when undertaken wholly or partly on lands covered by water, regardless of whether or not such lands are mapped as ESAs. Proposals in areas subject to this subsection (3)(g) shall require environmental review and a threshold determination, and may be conditioned or denied under this article (see WAC 197-11-756, 197-11-800, and 197-11-908). 4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of existing documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-11-635. 5) Planned Actions. Appendix F - 3 a) The county may, as part of its planning processes, elect to perform or have performed for it in advance of any development proposal, the environmental review and analysis for certain actions and their probable impacts. These planned actions” must be so designated by ordinance or resolution adopted by the county after the analysis of the actions and their impacts has been completed. b) Planned actions must be located in an urban growth area, a master planned resort (MPR), or a fully contained community, and meet the additional requirements contained in RCW 43.21C.031(2). c) The analysis must be sufficient to identify and analyze all probable significant impacts and most nonsignificant impacts of the actions, and to identify (and, optionally, provide) to a great extent the mitigation necessary (i.e., the significant impacts must be “adequately addressed” in an environmental impact statement). d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a development proposal being prepared under a planned action does not require a threshold determination or the preparation of an environmental impact statement, but is subject to a full environmental review of its impacts and full requirements for mitigation as identified and specified by the review for the planned action in subsection (5)(c) of this section. e) If the environmental review identifies additional impacts not addressed by the planned action, a checklist and threshold determination shall be required. 18.40.760 Analysis of nonexempt project and nonproject actions. The procedures and requirements in this article apply equally to project and nonproject actions. 1) Submittal of Environmental Checklist. a) A completed environmental checklist shall be submitted with any application for a permit or approval not specifically exempted as per JCC 18.40.750(1). However, a checklist is not required if the county and applicant agree that an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been initiated by another agency. The county shall use the checklist to determine lead agency and to make the threshold determination if the county is lead agency. b) Applicants for private proposals shall complete the checklist, and the county shall provide assistance as appropriate. For county proposals, the department initiating the proposal shall complete the checklist. 2) Review of Project Impacts. The responsible official shall review the checklist, other information about a project, and the applicable regulations to review the environmental impacts of the project and make a threshold determination. In making this review the responsible official may determine: a) All of the project’s probable significant adverse environmental impacts have been adequately identified and analyzed. If not, additional studies and analyses may be required; b) Some or all of the probable significant adverse environmental impacts have been adequately addressed and mitigated in this UDC and other development regulations adopted by Jefferson County, the Comprehensive Plan, or in other applicable local, state, or federal laws and rules by: i) Avoiding or otherwise mitigating the impacts; or ii) The county has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by the Growth Management Act (Chapter 36.70A RCW). Where probable significant adverse environmental impacts have not been adequately mitigated, the responsible official may condition the project with additional mitigation measures or deny the permit; c) To determine if the probable significant adverse environmental impacts have been addressed by an existing rule or law of another agency with jurisdiction, the county shall consult orally or in writing with that agency and may Appendix F - 4 expressly defer to that agency. In making this deferral, the county shall base or condition its project approval on compliance with that agency’s rules or laws; d) If the county bases or conditions its SEPA approval of the project wholly or in part on compliance with the requirements or mitigation measures identified in subsections (2)(b)(i) and (2)(b)(ii), during project review the county shall not impose additional mitigation under SEPA for those impacts so conditioned; e) Nothing in this subsection limits the authority of the county in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by SEPA. 3) Threshold Determination. The “threshold determination” is the decision regarding whether there is a reasonable likelihood that the project shall have a probable significant adverse environmental impact on an element of the environment. A threshold determination is required for any proposal that meets the definition of an “action” under WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC 197-11-600(3). The responsible official shall make and publish the threshold determination for public comment as provided in JCC 18.40.780: a) Determination of Significance (DS). If a project may have a probable significant adverse environmental impact, a DS shall be issued, and an EIS shall be required. In determining an impact’s significance, the responsible official shall take into account the guidance in WAC 197-11-330 and 197-11-794, including: i) Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and effects on environmentally sensitivecritical or special areas; and ii) Mitigation measures that will be implemented. The responsible official shall not balance whether beneficial aspects of a proposal outweigh its adverse environmental impacts in determining significance. b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse environmental impact, a DNS shall be issued. c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission of an environmental checklist and prior to the responsible official’s threshold determination on a proposal, an applicant may ask the responsible official to indicate whether it is considering a DS. If the responsible official indicates a DS is likely, the applicant may clarify or change features of the proposal to mitigate the impacts that led the responsible official to consider a DS likely. The applicant shall revise the environmental checklist as may be necessary to describe the clarifications or changes. The responsible official shall make its threshold determination based upon the changed or clarified proposal. If a proposal continues to have one or more probable significant adverse environmental impacts, even with mitigation measures, an EIS shall be prepared. The county’s indication under this section that a DS appears likely shall not be construed as a determination of significance. Likewise, the preliminary discussion of clarifications or changes to a proposal shall not bind the county to a mitigated DNS. 4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a MDNS as provided in this subsection and in WAC 197-11-350, based on conditions attached to the proposal by the responsible official or on changes to or clarifications of the proposal made by the applicant. a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS shall be deemed conditions of approval of the permit decision, and may be enforced in the same manner as any term or condition of the permit. The county may incorporate implementation or enforcement provisions in the MDNS and require performance guarantees. b) If the tentative county decision on a permit or approval does not include mitigation measures that were incorporated in a MDNS, the county shall evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (i.e., withdrawal of a DNS). 5) The responsible official shall provide for prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific probable significant adverse impacts arising from the project that have not been considered and addressed at the plan or development Appendix F - 5 regulation level. The county may clarify or change features in their own proposal, and may specify mitigation measures in their DNSs, as a result of comments by other agencies or the public or as a result of additional agency planning (see WAC 197-11-350). 6) Durations of comment periods are as provided in JCC 18.40.780. At the end of the comment period the threshold determination becomes final unless retained, modified, or withdrawn, and the appeal period begins. 7) Preparation of EIS. a) Preparation of the draft environmental impact statement (DEIS) and final environmental impact statement (FEIS) and supplemental environmental impact statement (SEIS) are the responsibility of the county under the direction of the responsible official. Before the county issues an EIS the responsible official must be satisfied that it complies with this article and with Chapter 197-11 WAC. When a DS is issued, an opportunity shall be provided to comment on the scope of the EIS that shall be developed. b) The DEIS, FEIS or SEIS shall be prepared by the county or by a consultant in accordance with county procedures established for consultant selection. If the county requires an EIS for a proposal and the responsible official determines that a consultant shall prepare the EIS, the applicant shall be so notified immediately after completion of the threshold determination. c) The county may require an applicant to conduct specific investigations and to provide information the county does not possess. The applicant is not required to supply information for the purpose of EIS preparation if such information is not required under this article. d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is prepared in a responsible manner. The county shall: i) Initiate and coordinate scoping and ensure that the consultant receives all substantive information submitted through the scoping process; ii) Assist the consultant in obtaining information from applicants; and iii) Direct the content and organization of the EIS. e) The responsible official shall maintain procedures for preparation of EISs in accordance with the above. 8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff recommendations to any appropriate decision-making body (e.g., the hearing examiner). 9) The county shall not take any action on the project permit application until the SEPA appeal period has lapsed. 10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810. Appendix G - 1 APPENDIX G Chapter 18.42 JCC 18.42.050 Compliance with other regulations. 1) Compliance with Other Regulations. All construction of personal wireless service facilities shall also be subject to the requirements of the county building code, Cchapter 15.05 JCC, and all codes adopted by reference in JCC 15.05.030 including, but not limited to, the Uniform Building Code (UBC), the National Electrical Code NEC), the requirements of the National Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” and any additional applicable standards published by the Electronics Industries Association, the Uniform Fire Code; Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areas chapter 18.22 JCC (Critical Areas); and the Jefferson County Shoreline Management Master Program, Cchapter 18.25 JCC. 2) Emergency Response System. All personal wireless facilities service providers shall be integrated into the local emergency response system. 3) Right-of-Way Facilities. All facilities located in any developed or undeveloped public road or right-of-way shall be governed by the applicable sections of this code and related policies governing the placement of utilities and other facilities in public rights-of-way including, but not limited to, Division III of JCC Title 13. [Ord. 6-99 § 1] Appendix H - 1 APPENDIX H Jefferson County Critical Areas Ordinance Periodic Update Addendum to the 2008, 2009 and 2020 Record of Best Available Science Washington State Department of Fish and Wildlife. 2020. Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications Shannon & Wilson. 2025. Technical Memo dated February 18, 2025 on BAS for Fish and Wildlife Habitat Conservation Areas (stream buffers) with WDFW comments. Shannon & Wilson. 2025. WDFW Best Available Science – Site Potential Tree Height. May 13, 2025 Snohomish County. 2024. Response to Planning Commission Questions. May 3, 2024 and June 11, 2024. DCG Watershed. 2023. Kitsap County Technical Memo on WDFW Riparian Management Guidance for Kitsap County Critical Area Code Update. December 8, 2023. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Jeremy Williammee, Community Development Director Brian Tracer, Deputy Fire Marshal DATE: March 9, 2026 SUBJECT: Jefferson County Fire Marshal Update STATEMENT OF ISSUE: The Board of County Commissioners will receive a briefing on the structure, statutory authority, current operations, and 2026 implementation direction of the Jefferson County Fire Marshal program. ANALYSIS: Jefferson County Code designates the Director of Community Development, or designee, as County Fire Marshal (JCC 2.40), with responsibility for fire and life-safety inspections,plan review, fire investigations, burn restrictions, and enforcement of the International Fire Code. In 2026,the department is implementing a structured, risk-based inspection model for commercial occupancies and Short-Term Rentals consistent with JCC 15.05.046 and adopted fire standards. The department will also seek to develop interlocal agreement frameworks to formalize regional coordination while maintaining statutory Fire Marshal authority with the County. This workshop provides an operational update and an opportunity for the Board to provide policy direction, if desired. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Fire Marshal operations are supported through a combination of General Fund resources and authorized cost-recovery inspection fees. The 2026 operational approach is structured to function within existing budget parameters.No fiscal action is requested at this time. RECOMMENDATION: Receive the briefing and provide any policy direction, as appropriate. REVIEWED BY: 01;. &Xi !lA 3/3/26 Jo D. Peters, County Administrator Date 1 ATTACHMENT 1 Presentation: Fire Marshal 2026 Update 2 1:S15 N - (,,- 1AW Fire Marshal Update o Department of Community DevelopmentPIING it,,\,,,_"\ (,„, vitri4; ' Jeremy Williammee, Director Brian Tracer, Deputy Fire MarshalAL MARCH 9, 2026 Today's Agenda 1111 1. Community Development & Public Safety 1141111 gili 2. Fire Marshal Roles & Responsibilities 3. Current Operations & Staffing 1 4. Commercial Inspection Program 5. Short-Term Rental Program 6. Partnerships & Interlocal Agreements 7. Moving Forward OiV Community PI nni Development & a ngvo Public Safety• Guides where• growth occurs Roads, access, land use ) 14 Community Outcome It O. 4111111114 no _____ 6 Fire Marshal 1 :: m Building Fire prevention & Safe homes, .usintsses, Ensures structures inspections and neighborhoods are built safely Investigations & burn Construction inspections restrictions Safe occupancy 0" County Fire Marshal Authority &2 Responsibilities HIGH 0 MODERATE VERY HIGH LOW EXTREME OO Fire & Life Safety Fire Investigation & Fire Danger & Seasonal Administration & Oversight Prevention Safety Coordination Fire safety inspections Declare high fire hazard conditions Enforce County fire safety regulationsFireinvestigations Fire code plan review Implement burn restrictions and Regional coordination with fire districts Prevention&public outreach Safe building occupancy Coordinate with fire districts,insurance, safety measures Develop policies and interlocal Address&road naming and law enforcement agreements Fire Marshal authority established by Jefferson County Code(JCC 2.40.020 and JCC 15.05.020). Current Fire Marshal Organization Community Development Director* Deputy Fire Marshal Building/Fire Inspector County Fire Marshal (per JCC 2.40)0.8 FTE) Clerk Hire) Statutory Authority & Program Oversight Fire Inspections Inspection Assistance Interagency & Regional Coordination Fire Investigations Field Support Fire Code Enforcement Administrative Coordination Coordination with Fire Districts & Sheriff Director currently serving as Fire Marshal to ensure continuity of statutory responsibilities. Fire Type Actvity Summary 2025 ldteal' Residential/Wldland j,,, Fire Safety Inspections& Plan Review Suspic os A 24• 14 ficommercialan reviewsinspections(alarms, sprinklers) Wodlard 24 ` ' '- 78 address permits A 4• ,: s.29 Short Term Rentals (20+ in progress) 11 Fire &Arson Investigations j '' '4 .•i 31 fire investigations k • . di m 6A, , 22 structure fires - including 1 fatality 0. l 01.. 4',f , Al ;, I 9 wildland fire investigations r - s,: 1 Burn Restrictions &Seasonal Safety i - ., / + :• 1,.h F. Monitored fire danger levels iii c Folir ,, Implemented burn restrictions Fireworks & burn safety outreach 7,' ,• 1,i ` 5 calls for service —July 4th i T i ` f. v1+1~ Coordination &Administration P 18 code compliance cases a, _WWest End 30+ public records requests processed Interdepartmental Program & Grant Support w -' _ 111 0 f P,, . O Energy Efficiency Housing Stock Plans x Coordinated Water System Plan t t Fire Safety Inspection Program 0 Tier 1— Highest Risk Program Experience to Date Annual Inspections Commercial inspection program established by County Code Examples: iCC 15.05.046) ja Assembly occupancies(restaurants,bars,event venues) Voluntary participation has resulted in limited coverage drh Schools and childcare Estimated 300+ commercial properties ailLarge public gathering spaces ci Hazardous materials occupancies Operational Principle Highest occupant risk receives highest inspection frequency.Inspections must be regular and schedulable to be sustainable 0 Tier 2—Moderate Risk within existing staffing levels Periodic Inspections(2 year cycle) Examples:Scheduled inspection program replaces prior voluntary VP/Commercial kitchens participation to achieve consistent countywide coverage Multi-tenant commercial buildings Lodging uses/Short-Term Rentals(life-safety focus)Fiscal Reality r Industrial or manufacturing uses Commercial inspections and Short-Term Rental inspections are O Tier 3— Lower Risk the primary cost-recoverable Fire Marshal activities as Capacity Allows Core life-safety functions (investigations, burn restrictions, Small offices education) are general fund-supported public safety W Retail storefronts responsibilities MILow-occupancy commercial uses Rased on VIRSR guidelines) Program Experience to Date Program established by Ordinance No. 43-0407-25R and Short-Term Rental regulations incorporated into code ()CC 18.20.210) Initial implementation relied primarily on voluntary Program compliance Participation levels have remained low relative to estimated STR activity countywide Operational Principle Support fair, consistent, enforcement countywide a,. Align STR inspections with commercial life-safety a,;',e.,.standards m I O GP o ouM Fiscal Reality ym STR inspections are one the few Fire Marshal functions 1 D•dg, ,MM•N,-, . , l 02141.,.....7,,....:L.:.:—"authorize for cost recovery B Cost recovery support life-safety inspectation capacitycm w:, °°°° within exisiting general fund resources 1 ', Q a u<smnw o<..°.•w nmuse•aroom CrJ Partnership & Interlocal Agreements Purpose Operational Framework Strengthen coordination between County, fire County Fire Marshal retains statutory authority districts, and regional partners under County Code and State Fire Code Support consistent fire and life-safety delivery ILAs support service delivery but do not transfer Formalize cooperation already occuring operationally regulatory authority Provide mutual aid and professional coverage when Agreements emphasize exchange of services and needed mutual support Areas of Cooperation060 Financial Approach Fire investigation coverage and backup support Current priority is cooperative, like-for-like serviceJaw Incident communication and coordination protocols agreements to support regional capacity rather Training opportunities and professional._ - ---than fee-for-service contracting development ---- _ r- Joint public eduction and prevention outreach Technical consultation and operational suppo .=. Life-Safety Authority & Services 0\ Risk-Based Inspection Program MARSHAL Regional Interlocal Agreements Fire Marshal Services in 2026 Fiscal Discipline & Cost Recovery JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: RE: AGENDA REQUEST Board of Commissioners Shawn Frederick, Central Services Director March 9, 2026 Workshop - Space Planning Options for Relocating Auditor’s Annex Staff upon Termination of the Port of Port Townsend Lease STATEMENT OF ISSUE: The Board directed staff to terminate the Port of Port Townsend Lease (Auditor’s Annex) to reduce ongoing costs to the General Fund. The target date given to Central Services staff was May 31, 2026. ANALYSIS: To accomplish terminating the lease by May 31, 2026, space planning and relocating staff will be necessary. Central Services has developed information on five scenarios for the Board to review. Each option is listed with current location, proposed location, office type, timeline for completion, and cost estimates. FISCAL IMPACT: The fiscal impact will be dependent on which option the Board selects. RECOMMENDATION: Review the scenarios presented and determine which option best aligns with the County’s Strategic Plan. REVIEWED BY: Josh D. Peters, County Administrator Date 3/4/2026 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Judy Shepherd,Finance Director DATE: March 9,2026 SUBJECT: Financial Planning Status Workshop STATEMENT OF ISSUE: During the 2026 Budget cycle in 2025, County Finance Director identified a need for financial planning to address the General Fund deficit and limited cash flow. ANALYSIS: Using historical and current budget data, a cash flow forecast is being developed. In addition, a three-year plan is being developed to address the historical budget deficit, the current year deficit, $1.1 m, and the extended use of the General Fund reserve. This workshop will provide an update and overview to the Board of Commissioners. There are additional meetings planned later in March to communicate with the General Fund departments and other funds impacted by the General Fund, giving them an opportunity to ask questions and discuss. FISCAL IMPACT: None. REVIEWED BY: q /7 Jos . Peters, County Administrator Date 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters, County Administrator David Ballif, Executive Director, EDC Team Jefferson DATE: March 9, 2026 SUBJECT: WORKSHOP re: Opportunity Zones 2.0 STATEMENT OF ISSUE: Opportunity Zones (OZs) are federally designated tracts meant to spur investment in undercapitalized communities. A revised program is being rolled out, designating new opportunity zones, referred to as Opportunity Zones 2.0 (OZ 2.0). The Washington State Department of Commerce is hosting a multi-month process to support Governor Ferguson in nominating up to 25% of Washington’s eligible low-income census tracts to be opportunity zones. An application portal for OZ selection starts on March 10 and closes on April 10. Economic Development Council (EDC) Team Jefferson Executive Director David Ballif will present information to the Board relating to the potential for Jefferson County in the OZ 2.0 process. Time allowing, Mr. Ballif could also review other economic development tools that could be used in place of or in addition to the OZ program. ANALYSIS: Background on OZ 2.0: www.commerce.wa.gov/opportunity-zones Reliance on median family income (MFI) within Census Tracts for determining OZ precludes the Census Tracts where Port Hadlock and Glen Cove are located. Mr. Ballif will provide an overview of the new eligibility requirements in this workshop. Map with likely eligible census tracts: https://www.novoco.com/resource-centers/opportunity-zones- resource-center/novogradac-opportunity-zones-20-mapping-tool Jefferson-Clallam Opportunity Zone Consortium website, "Emerald Coast Opportunity Zone": https://www.emeraldfunds.org/ An interview conducted by Jefferson's consortium partner re: Opportunity Zones: https://www.youtube.com/watch?v=dgAdWS9znIY&list=PL- Xl__gUNbHoZoz7pnSv7iVmAbqsX8Snh&index=7 2 FISCAL IMPACT: According to Commerce, OZs have shown they spark private investment across an array of low-income communities. RECOMMENDATION: Listen to the presentation, ask questions, and provide input to EDC Team Jefferson regarding OZ 2.0. REVIEWED BY: Josh D. Peters, County Administrator Date 3/5/2026