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HomeMy WebLinkAboutInterlocal Agreement Washington State Parks and Recreation Commission Dosewallips 042026 Interlocal Agreement on Dosewallips Estuary Assessment Between Jefferson County and the Washington State Parks and Recreation Commission This Interlocal Agreement on Dosewallips Estuary Assessment (Agreement) is between the Washington State Parks and Recreation Commission(State) and Jefferson County (County). WHEREAS, the Recreation and Conservation Office approved the Dosewallips Brinnon Reach Project(RCO #23-1062)to include an assessment of estuary vegetation and function, and WHEREAS, State, in partnership with the Washington Department of Natural Resources, maintains a current protocol(Exhibit A)for estuary assessments for properties within and adjacent to their system; and WHEREAS, the County has completed assessments on adjacent riparian and freshwater environments in preparation for future projects to address habitat deficiencies and resiliency needs in collaboration with Brinnon area landowners, Tribes and partners, and WHEREAS, the Dosewallips Estuary provides natural functions, including habitat and water quality for shellfish growing for public, Tribal and private benefit as well as rearing and migration areas for ESA-listed salmonids such as Hood Canal Summer Chum salmon, and is also increasingly vulnerable to change from sea level rise and flooding, and WHEREAS, Brinnon's Local Area of More Intensive Rural Development (LAMIRD), including homes and local businesses, and FEMA-designated Floodplain and Floodplain coincide with the Dosewallips Estuary, and NOW, THEREFORE, based on the mutual understanding made in this Agreement, the parties agree: 1. Effective Date. The effective date of this Agreement is the date the last party signs this Agreement. 2. Project. The project is to obtain a Dosewallips Estuary Assessment that covers both areas served by State and areas in unincorporated Jefferson County. 3. Authority. This Agreement is based upon the authority of the interlocal cooperation act, Chapter 39.34 RCW, which authorizes local municipal corporations to enter into agreements to assist and cooperate with each other to better serve the needs of the municipal corporations and the local community. Each Party shall conduct its own administration of this Agreement. The Parties do not anticipate acquiring any property in furtherance of this Agreement. Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 WQ-26-019 4. Definitions. a. Agreement. "Agreement"means this Interlocal Agreement on the Dosewallips Estuary Assessment. b. State. "State"means Washington State Parks. c. Consultant. "Consultant"means Washington Department of Natural Resources. d. County. "County"means Jefferson County, Washington. e. Parties. "Parties"means both the State and the County. f. Dosewallips Estuary Assessment. "Dosewallips Estuary Assessment"means the study being performed by the Consultant,the Washington Department of Natural Resources, for State. 5. County Contribution to the Dosewallips Estuary Assessment. The County shall reimburse State for the Consultant report outlined in State agreement IA 113-091 Task Order 40, as reflected by the invoices required in Section 5.c. within 60 days of receipt. The County shall have 30 days from receipt of an invoice to object to any invoice as unreasonable. If no objection by the County is made within 30 days after receipt by the County, any objection by the County shall be deemed waived. The County's maximum contribution to the Dosewallips Estuary Assessment shall be Eighteen Thousand, Eight Hundred Eighty-Six and No/100ths Dollars ($18,886.00). 6. Term of this Agreement.This Agreement shall remain in effect(a)until the State provides the County with the Dosewallips Estuary Assessment; or, (b) until terminated by either Party as provided for in Section 7, whichever shall occur first. 7. Termination. Either party may terminate this Agreement upon 30 days'prior written notification to the other party. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 8. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement. 9. Indemnification.Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. 10. Non-Payment and Other Defaults. If any default occurs, upon thirty (30) days written notice by the State to the County regarding failure to make any payment required, and in the event same shall not be cured within sixty (60) days, then the State shall be entitled, without further notice or demand, to give notice of termination in Section 7 Duration and Termination, including any other remedy granted at law or in equity. 11. Disputes. In the event that a dispute arises under this Agreement,it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 2 member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process,either of the parties may request intervention by the Governor,as provided by RCW 43.17.330,in which event the Governor's process will control. 12. Notice. Any notice required to be given by either Party to the other shall be deposited in the United States mail, postage prepaid, addressed: To the County at: Tami Pokorny Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Email: tpokorny@co.jefferson.wa.us Phone: 360-316-9870 To the State at: Nathan Johnson Washington State Parks P.O. Box 42650 Olympia, WA 98504-2650 Email: nathan.johnson@parks.wa.gov Phone: (360) 870-9162 Or, at such other address as either Party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mails in the manner prescribed. Nothing in this section shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 13. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties and supersedes all prior agreements, contracts, and understanding, written or oral. The Parties agree there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. Any previous agreements, understandings oral or otherwise, are revoked. 14. Headings.The headings of the sections of this Agreement are for convenience of reference only and do not restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 15. Construction of Agreement. The Parties negotiated this Agreement at arms-length, with the assistance and advice of competent, independent legal counsel. If a dispute arises Jefferson/ Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 3 between the Parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for this Agreement to be construed against any Party nor for any Party. 16. Execution.This Agreement is executed by each Party acting with authority granted,where required,by its governing body.This Agreement may be executed in counterpart originals. A copy of each such executed counterpart original shall be delivered to each Party upon that Party's execution of a counterpart original. 17. Administration. This Agreement will be administered by the State. This Agreement does not create any separate legal or administrative entity. However,nothing in this Agreement is intended to prevent or otherwise interfere with discussions or decisions that may be made by the Parties during the Annual Review. Further, the Parties understand and agree there will be communication between the Parties to effectuate the terms of this Agreement. 18. No Joint Budget. This Agreement does not contemplate a joint budget. 19. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the Parties.At termination,each Party will remain the sole owner of its own property. 20. Applicable Law and Venue. The Parties signed this Agreement in the State of Washington. The laws of the United States, the State of Washington, and the County of Jefferson govern this Agreement, as if applied to transactions agreed upon 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 21. Nondiscrimination. a. The Parties agree not to discriminate against any employee or applicant for employment or any other to perform this Agreement because of age, sex,marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory,mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as required by law,or other circumstance prohibited by federal,state,or local law or ordinance,except for a bona fide occupational qualification. b. The Parties shall comply with all federal, state, or local laws, ordinances, rules, or regulations regarding nondiscrimination and equal employment opportunity applicable to the work to be done under this Agreement. c. Violation of this section shall be a material breach of this Agreement and grounds for cancellation,termination or suspension, in whole or in part. 22. Waivers. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power be taken to be a waiver of any other breach. Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 4 23. Records Retention. The Parties shall keep and maintain all records required by law in connection with the performance of this Agreement. 24. Public Records Requests. The County shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. The State shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. 25. Challenges. The entry into this Agreement shall not be construed to be a waiver or abandonment of any defense or claim either party may have against the other notwithstanding the entry into this Agreement. 26. Mutual Objectives. Each Party agrees to aid and assist the other in carrying out the objectives of this Agreement. 27. Authority. Each person who signed this Agreement acted with authority granted, where required, by a governing body of a party. 28. Filing with the County Auditor. Within 10 days of the effective date, the County shall file this Agreement with the Jefferson County Auditor. (SIGNATURES FOLLOW ON THE NEXT PAGE) Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 5 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON WASHINGTON STATE PARKS Board of County Commissioners Jefferson Count shington Iglesias, Manuel DigitManuel(allyPARKsigneS)dbyIglesias, (PARKS) Date:2026.05.1314:14:04 Y�. B /7, Z c. $y; -07'00' Gr ._ : 6therton, Chair Manuel Iglesias, Contracts and Grants a: ‘ir11 � �,q � .�' Manager B .%1(e, 412o, Z r� 4/29/2026 y Date: -ea 0 udle -Nolbtte,Commissioner Y By: ( `f/Z©/ Heidi Eisenhour, Commissioner SEAL: ,.,,'`%' RSoN"c'.,. ATTEST: ';Oo� ;�©�/ WASH IN 7/2 VL G, Carolyn/Galloway, CMC Date Clerk of the Board Approved as to form only: WAIF 04-03-2026 J,-' iah L'iwther Date o eputy Prosecuting Attorney Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 6 SIGNATURE PAGE JEFFERSON COUNTY WASHINGTON WASHINGTON STATE PARKS Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Chair Manuel Iglesias, Contracts and Grants Manager By: Date: Heather Dudley-Nolette, Commissioner By: Heidi Eisenhour, Commissioner SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: 04-03-2026 Je iah L ther Date eputy Prosecuting Attorney Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 6 Exhibit A Scope of Work Dosewallips State Park Vegetation Surveys and Ecological Integrity Assessments Scope of Work for Jefferson County—Washington State Parks Agreement The Washington State Parks and Recreation Commission(Parks)will coordinate review and provide a copy of all deliverables from the Washington Department of Natural Resources' Natural Heritage Program (WNHP)outlined below to Jefferson County Public Health. Parks and WNHP have a separate agreement for this work(IA 113-091 Task Order 40). Specifically, WNHP will perform the following tasks: Vegetation Survey Updates Existing vegetation survey data for estuarine portions of Dosewallips State Park will be updated using a combination of remote sensing and field survey techniques (Figure 1). Existing plant association calls in the vegetation survey data will first be updated to match nomenclature in the current US National Vegetation Classification.Next, vegetation survey polygons will be overlayed on recent(2023) aerial imagery, lidar derivatives, and fine-scale elevation data to look for areas that could be refined or may have changed since last surveyed. Following this exercise, field surveys will be conducted, during which the existing vegetation survey polygons will be validated. Mapping will be revised in the field using ESRI Field Maps and then further refined using desktop ArcGIS Pro software. Revised data will be returned to Parks using the same schema in which it was delivered. _.„...4,000 ; , ',_.. .. ._ E. gm ,, s: r q. 5 . 1 * ''''' 4' .i,''-'''' '' .4":k',:ik'-f*;4,1i-i ••..1.,L41,-..p1:..',tf,.a, - v 4,-, , , -k. a ,, y '1.+th.4.', ? SIB rl�i'al e`1" T ..:?.1--, ',tiro', '";r�447.1 1ti ry„i4,- "9v iu iv' �— ,turd _ � - • r h Figure 1. Estuarine portions of Dosewallips State Parks. This represents the minimum area to be surveyed by WNHP. Jefferson/Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 7 Vegetation types will be identified to the USNVC plant association scale. Heterogeneous areas that are impractical to map at that scale may be assigned a secondary plant association call. Parks will communicate to WNHP if they would like any other fields updated in their vegetation survey database. Survey routes will be recorded by GPS and provided to Parks along with all other data. At this time, surveys are expected to be restricted to Parks property,though associations visible from the park boundary or public rights-of-way may also be mapped. WNHP has not budgeted time for contacting local private landowners for access, but Parks or County staff may do so if mapping/assessment of the full estuary is desired. Ecological Integrity Assessments Ecological Integrity Assessments will follow protocols laid out in Rocchio et al. 2025. Additional Data a. Rare Plant Data Rare plant surveys are not an explicit part of this effort. However, rare species may be encountered while collecting other data. If rare species are located, these locations will be mapped in Field Maps and data will be collected using a standardized Survey 123 form. Any rare plant data will be entered into WNHP's database and provided to Parks in a geodatabase format at the end of the project. b. Noxious Weed Surveys Invasive species data are a critical element of Ecological Integrity Assessments (above) and surveys for such species will be carried out contemporaneously with vegetation and EIA data collection. Additional mapping data may be collected depending on the status and abundance of the species. Small/new infestations and any Washington State Class A noxious weeds will be mapped. Widespread and ubiquitous weeds will not be mapped,but will be listed in the survey report. Deliverables A concise report and associated geodatabase will be prepared after the surveys are finished. The report will include survey goals, methodologies,plant associations,rare plants(if encountered), weeds, list of all species observed, a general overview of the ecological condition of areas within estuarine portions of Dosewallips State Park, and recommendations for maintaining or enhancing the ecological integrity of these areas. The scope of work for this project includes the following deliverables: 1) Vegetation Survey and EIA Report 2) Geodatabase, including: a. Updated Vegetation Survey layer consistent with existing Parks' vegetation survey database b. EIA layer that is linkable to vegetation survey using polygon IDs c. Rare plant locations Jefferson/ Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 8 d. Restricted invasive plant infestations or any infestations of Class A species Timeframe: WNHP has availability to complete surveys in August 2026, report and other deliverables completed by October 31 S`, 2026 Funding: $18,886.00 Jefferson / Washington State Parks Dosewallips Estuary Assessment Interlocal Agreement 2026-27 9 615 Sheridan Street Port Townsend, WA 98368 ce efison 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: Pinky Mingo, Environmental Public Health and Water Quality Director Tami Pokorny, Natural Resources Program Coordinator DATE: C1 20 2 O C; SUBJECT: Agenda Item — Approval of the Interlocal Agreement with Washington State Parks for a Dosewallips Estuary Assessment; Upon Signature — October 31, 2026; $18,886.00 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Interlocal Agreement with Washington State Parks for a Dosewallips Estuary Assessment; Upon Signature — October 31, 2026; $18,886.00 ANALYSIS/STRATEGIC GOALS/PROS and CONS: In order to meet a deliverable of Health's Brinnon Reach Assessment & Conceptual Design Project (RCO #23- 1062 P), Jefferson County and Washington State Parks will enter an Interlocal Agreement for the Washington Department of Natural Resources to perform a Dosewallips Estuary Assessment through the state's Natural Heritage Program utilizing established protocols. The work has not previously been performed for the Dosewallips Estuary and will benefit ongoing planning efforts to restore natural functions to the lower Dosewallips River. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for this project is being provided by RCO #23-1062 P. There is no impact to the Jefferson County General Fund for this agreement and all match requirements have been met previously. RECOMMENDATION: JCPH Management recommends BOCC signature for the an Interlocal Agreement with Washington State Parks for a Dosewallips Estuary Assessment; Upon Signature — October 31, 2026; $18,886.00 REVIEWED BY: JoshC)5411, Peters, County Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 wQ 26 019 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington State Parks Contract No: WQ-26-019 Contract For: Dosewallips Estuary Assessment Term: Upon signature - 10/31/2026 COUNTY DEPARTMENT: Water Quality I Environmental Health Contact Person: Tamii Pokorny Contact Phone: #498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: $18,886 PROCESS: — Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $18,886 ^ 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 COMPL E WIT .55.080 AND CHAPTER 42.23 RCW. CERTIFIED: April 3,2026 Glenn Gilbert 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. Airr CERTIFIED: fl N/A: April 3,2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/6/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/3/2026. reviewed and approved on 04-03-2026 by JBL 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