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HomeMy WebLinkAboutAGENDA PACKET COMPRESSED1 AGENDA Jefferson County Board of Commissioners Regular Meeting – Monday, May 18, 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: May 18, 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 re: In the Matter of Requiring Interlocal Agreements to be Filed on the Jefferson County’s Web Site 2. AGREEMENT re: Employment Agreement; Union-Exempt and FLSA-Exempt Executive Assistant in the County Administrator’s Office, and UFCW3000 covered Accounts Auditing Technician in Auditor’s Office; Wendy Housekeeper 3. AGREEMENT re: Project to establish repetitive build program; $12,500; Community Development; Habitat for Humanity 4. AGREEMENT, Amendment No. 1 re: School-to-Work Start Up; $43,000; Public Health; Washington Department of Social & Health Services 5. AGREEMENT, Amendment No. 1 re: School-to-Work Digital Content; $7,700; Public Health; Cold Pizza Creative 6. AGREEMENT, Amendment No. 4 re: Chimacum Creek Cleanup and Restoration; No additional amount; Public Health; Department of Ecology State of Washington 7. INTERLOCAL AGREEMENT re: Household Hazardous Waste; Not to exceed $27,500; Public Works; Kitsap County 8. SUBRECIPIENT AGREEMENT re: Coordinated tobacco, vapor and marijuana product prevention and intervention strategies; $2,000; Public Health; Scouting America Troop 1479 9. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 11, 2026 and totaling 953,024.01 and Dated May 18, 2026 totaling $729,072.75 REGULAR AGENDA: No set time PROCLAMATION re: Proclaiming May 16-22, 2026 as National Safe Boating Week Vince Santiago, Flotilla Commander U.S. Coast Guard Auxiliary 10:00 a.m. WORKSHOP and POTENTIAL ACTION re: Artificial Intelligence Policy Shawn Fredrick, Central Services Director No set time DISCUSSION and POTENTIAL ACTION re: Surveys Design and Frequency update Shawn Fredrick, Central Services Director Liz Anderson, Communications Specialist No set time COMMISSIONERS BRIEFING SESSION No set time RECESS 1:30 p.m. AFTERNOON SESSION Agenda: May 18, 2026 3 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 No set time ADDITIONAL DISCUSSION ITEMS No set time ADJOURNMENT (Adjourn by 4:30 p.m.) COMMISSIONERS MEETING SCHEDULE The Week of May 18, 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, May 18, 2026 9:00 a.m. BOCC Meeting Tuesday, May 19, 2026 11:15 a.m. Shelter Coalition Meeting – Greg 1:30 p.m. Joint Lodging Tax Advisory Committee Meeting with City of Port Townsend - Heather 3:30 p.m. Quilcene-Brinnon Empowered Teens Coalition Monthly Meeting - Greg Wednesday, May 20, 2026 8:30 a.m. Budget Meeting – Board 2:30 p.m. 2026 North Olympic Development Council Executive Board Meeting - Heather Thursday, May 21, 2026 2:30 p.m. Jefferson County Board of Health – Heidi, Heather Friday, May 22, 2026 12:30 p.m. KPTZ - Heidi 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 Co 1 ACCOUNTS PAYABLE WARRANT REPORT WARRANT DATE: 5/11/2026 TOTAL: $953,024.01 RECORDS OF ALL CLAIMS SUBMITTED FOR PAYMENT ALONG WITH VOUCHERS APPROVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS ARE RETAINED BY THE JEFFERSON COUNTY AUDITOR AND PUBLIC WORKS DEPARTMENT. I THE UNDERSIGNED BOARD OF COUNTY COMMISSIONERS DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,THAT ANY ADVANCE PAYMENT IS DUE AND PAYABLE PURSUANT TO A CONTRACT OR IS AVAILABLE AS AN OPTION FOR FULL OR PARTIAL FULFILLMENT OF A CONTRACTUAL OBLIGATION, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST JEFFERSON COUNTY AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. CHAIRPERSON, COMMISSIONER COMMISSIONER, MEMBER COMMISSIONER, MEMBER FUND SUMMARY CHECK RUN 5-11-2026 Row Labels Sum of AMOUNT 1 186203.37 108 3495. 49 109 1108.78 120 1105.32 123 19700.11 125 57661.68 127 60926.24 128 21913.57 130 4117.19 131 58172.48 134 287.94 140 912.92 143 50121.3 148 7374.37 155 1277.32 174 4736.04 175 10335.82 180 102875.26 301 16848.92 401 24620.05 404 6239.31 405 93320.27 406 558.78 501 81065.43 505 46078.01 506 56050.99 507 35917.05 blank Grand Total 953024.01 ON< Qv pO 14. LySfi1N6C° ACCOUNTS PAYABLE WARRANT REPORT WARRANT DATED 05/18/ 26 TOTAL: $729, 072.75 RECORDS OF ALL CLAIMS SUBMITTED FOR PAYMENT ALONG WITH VOUCHERS APPROVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS ARE RETAINED BY THE JEFFERSON COUNTY AUDITOR AND PUBLIC WORKS DEPARTMENT. I THE UNDERSIGNED BOARD OF COUNTY COMMISSIONERS DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, THAT ANY ADVANCE PAYMENT IS DUE AND PAYABLE PURSUANT TO A CONTRACT OR IS AVAILABLE AS AN OPTION FOR FULL OR PARTIAL FULFILLMENT OF A CONTRACTUAL OBLIGATION, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST JEFFERSON COUNTY AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. CHAIRPERSON, COMMISSIONER COMMISSIONER, MEMBER COMMISSIONER, MEMBER Fund Summary Check Run 05/18/26 Row Labels Sum of AMOUNT 1 134983.85 119 7693.13 123 11270.25 125 23912 127 75175.79 128 5900.75 131 37664.44 134 86.36 143 16079.6 149 7798.85 155 2876.08 174 5350.98 175 236.32 180 3673.65 308 14626.71 401 274371.46 405 3.62 406 18007.16 501 20118.98 502 7456.5 506 52753.67 507 9032.6 blank) Grand Total 729072.75 615 Sheridan Street Port Townsend, WA 98368 aeltfison 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: ig SUBJECT: Agenda item —Professional Services Agreement between Jefferson County and Cold Pizza Creative LLC for provision of Digital Content Production to facilitate development of the new School-to-Work program for county high school students with intellectual and developmental disabilities; January 1, 2026 - June 30, 2026, $7,700. STATEMENT OF ISSUE: Jefferson County Public Health, the Intellectual and Developmental Disabilities program, requests Board approval for an amendment to extend the term length of this agreement to September 30, 2026. ANALYSIS/STRATEGIC GOALS/PROS and CONS: Cold Pizza Creative will produce photography and videography for the purpose of conducting outreach and education about the School-to-Work program. School-to-Work is a state program for eligible high school students experiencing intellectual and/or developmental disabilities. FISCAL IMPACT/COST BENEFIT ANALYSIS: This amendment extends the term by three months but the total agreement amount remains the same. RECOMMENDATION: JCPH management recommends approval of this amendment. REVIEWED BY: 019SP 5177a 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 DD-26-003-A 1 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Cold Pizza Creative Contract No: DD-26- 003-A1 Contract For: School-to-Work Digital Content, Amend 1 Term: 1/1/2026 - 9/30/2026 COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: x410 Contact email: bonnieo@co.jefferson.wa.us AMOUNT: $7,70o PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $7,700 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund 1/ 127 RFP or RFQ Munis Org/Obj 12756800 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM -IA E W 3.55.080 AND CHAPTER 42. 23 RCW. CERTIFIED: 1 N/A: 'May 4, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBA BY ANY FEDERAL, STATE, OR LOCAL AGENCY. _ CERTIFIED: N/A: f May 4, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/6/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/6/2026. DPA Luther reviewed and approved this K amendment on 05/ 05/2026 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 Contract Amendment #1 between Cold Pizza Creative LLC and Jefferson County Public Health Intellectual and Developmental Disabilities Program WHEREAS, Cold Pizza Creative LLC (the"Contractor") and Jefferson County(the"County") entered into an agreement on January 1, 2026 for Professional Services to be provided in connection with the provision of School to Work Program Start-up activities. WHEREAS, the parties desire to amend the terms of that agreement; IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. Contract term will extend through September 30, 2026. 2. All other terms and conditions of the agreement will remain the same. APPROVED AND ADOPTED this day of 2026. JEFFERSON COUNTY WASHINGTON COLD PIZZA CREATIVE LLC Board of County Commissioners Jefferson County, Washington By: By: ig Lure Greg Brotherton, Chair Name: 17 d (26) Approved as to form only: 1 p( Title: M J a( M— oe,05/05/2026 Date:7 V Jerennir Lu r Date 2 Civil Deputy Prosecuting Attorney DD-26-003-AI PROFESSIONAL SERVICES AGREEMENT FOR SCHOOL-TO-WORK PROGRAM DIGITAL CONTENT PRODUCTION AGREEMENT BETWEEN JEFFERSON COUNTY PUBLIC HEALTH AND COLD PIZZA CREATIVE LLC THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and Cold Pizza Creative LLC 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: Photography and videography produced for the purpose of conducting outreach and education about the School-to-Work program. School-to- Work is a program of the Washington State Department of Social and Health Services for eligible high school students experiencing intellectual and/or developmental disabilities. The program is newly offered in Jefferson County. This project will help fulfill concurrent contractual obligations with the state to start the program in this county. 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 January 1, 2026 and continue through June 30, 2026. 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 Contractor shall be made as provided on Exhibit"B" attached hereto, provided that the total amount of payment to Contractor shall not exceed$7,700 without express written modification of the Agreement signed by the County. b. Invoices must be submitted by the 5th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof,payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit B of the Agreement may Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 1 of 13 DD-26-003 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 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. 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. Page 2 of 13 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, (c)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; iv. Premises—Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. Page 3 of 13 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 overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public Health 615 Sheridan Street,Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by 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. Page 4 of 13 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 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. m. 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. n. 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. o. 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. p. 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. q. 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. r. 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. s. 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. t. 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 Page 5 of 13 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. u. 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. v. 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 Jefferson County Public Health, upon request. b. Worker's 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 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 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; Page 6 of 13 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. 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. Page 7 of 13 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: Jefferson County Public Health Attn: Bonnie Obremski, Intellectual and Developmental Disabilities Program Coordinator 615 Sheridan Street Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Cold Pizza Creative LLC Attn: Tyler Rowe 1318 Jefferson Street Port Townsend, WA 98368 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 Pages of 13 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 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. Page 9 of 13 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. 33. Confidentiality. With respect to all information relating to County that is confidential and clearly so designated, as required by the Health Insurance Portability and Accountability Act(HIPAA) and any other applicable privacy laws, the Contractor agrees to keep such information confidential. The Contractor shall not disclose, transfer, or sell any such information to any party, except as provided by law or, in the case of personal information,with the prior written consent of the person to whom the personal information pertains. The Contractor shall maintain the confidentiality of all personal information and other information gained by reason of this Agreement, and shall return or certify the destruction of such information if requested in writing by Jefferson County. 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. 34. Criminal History/Background Check. Each of the Contractor's employees, the employees of any of the Contractor's approved subcontractor, or volunteers used by the Contractor shall submit to a Washington State Patrol fingerprint identity and criminal history check before they are authorized to perform services for the Project. The County agrees to bear all reasonable costs incurred in the performance of this fingerprint identity and criminal history check. Contractors who may or will have regular access or limited access to any juveniles shall also: a. Require that each of the Contractor's employees, the employees of any of the Contractor's approved subcontractor, or volunteers used by the Contractor Page 10 of 13 undergo not less often than once every three (3)years another Jefferson County approved criminal history and background check; b. Ensure all employees, subcontractors,or volunteers are knowledgeable about the requirements of RCW 13.40.570 and of the new crimes included in RCW 9A.44, Sexual Offense; c. Sign the Contractor Requirements for Responding to Situation of Sexual Misconduct Form, and shall submit to Jefferson County with signed Agreement. APPROVED AND ADOPTED this .4 day of INA itt-1-) , 2026.. JEFFERSON COUNTY WASHINGTON COLD PIZZA CREATIVE LLC Board of Count Commissioners Jefferson Count - Washington r fBy:,B reg Brat erton, Chair Sig e By: A,rai "-~ . N' Name:e C 1- the Du. ey-Nollette, Commissioner f Title: IVA.4v1)5 vtl AA A '4 CO fee P122 (c 'JE By: 6"--' Date: Z--./ 11 / Z- (47 eidi Eisenhour, Commissioner SEAL: e F; iRs ``i>,., ATTEST: 1,,,, PP:4`.......-...1,0.-vx.4, i '<.,„ 1'\-6,(4-1 L,,: 4449"kli NI G*'; 4" Caroly llaway, Clerk or a Board Approved as to form only: i0 January 22,2026 Philip C. Hunsucker,Date Chief Civil Deputy Prosecuting Attorney Page 1 l of 13 Exhibit A Photography: Candid photography of community gatherings in Jefferson County that are advertised as for people experiencing intellectual and/or developmental disabilities and their family and friends. Contractor must be granted permission to attend a community gathering by the gathering manager. Photography/videography subjects must complete a Jefferson County Public Health release form, specifically. Contractor must obtain completed forms and submit them to the County. Gatherings attended must include but may not be limited to a new,monthly social event happening once a month January-June, 2026 organized by Cascade Community Connections. Contractor should attend a minimum of one of those social events, but may attend all. Photographic images should include but may not be limited to people who visually appear to be in the general age range of young adulthood, given the School-to-Work program is for people of that age range. The Contractor should use best personal judgement when assessing general age range at community gatherings. Photographic images should represent a range of gathering participants, activities, and perspectives. Should the Contractor already possess photos/videos that fit the content request above,captured in 2023 or later, the Contractor may invoice the County for those files at a standard rate up to but not exceeding the budgeted amount for stock content. A first batch of digital images (20 or more) should be transferred to the County no later than Monday, March 2,2026. The Contractor may only invoice for work done during the term of this agreement. For work performed during the month of June,the photographer may have up to 30 days following the end of the agreement to submit any final content. If, during the term of this agreement,the Contractor requires a self-advocate spokesperson in producing content for this agreement, it is strongly recommended that spokesperson receive a stipend for their work. Self-advocates are people who experience intellectual and/or developmental disabilities. Stipends may draw from the miscellaneous budget. Videography: The Contractor will produce a video or series of videos to the specifications of the Jefferson County Intellectual and Developmental Disabilities Coordinator and in collaboration with Cascade Community Connections. Videos will be educational in nature as part of the School-to- Work program startup efforts. Page 12 of 13 Exhibit B Payment Schedule Item Due Date Amount 20+candid photos March 2,2026 f $500 60+candid photos June 30,2026 1,500 Stock photos/videos at$25/file June 30,2026 500 Miscellaneous June 30,2026 1,000 Video(s) June 30,2026 4,200 Total 7,700 Page 13 of 13 615 Sheridan Street Port Townsend, WA 98368 9jetson www.JeffersonCounlyPublicHealth.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 Feria Mingo, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: aa40(;4)-(e SUBJECT: Agenda Item —Amendment 4 to Ecology Agreement No. TCPIPG-2123- JeCoPH-00039, June 1, 2022 to December 31, 2026; $200,000 (unchanged) STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) is requesting Board approval of Amendment 4 to an Agreement with the Washington State Department of Ecology (Ecology); June 1, 2022 to December 31, 2026. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This amendment to the agreement between Ecology and JCPH to conduct remedial investigation work at 890 Old Hadlock Road, will extend the expiration of the project until December 31, 2026. The Scope of Work for Task 2-Site Investigation is updated to add data submittal language. Task 3-Focused Feasibility Study is hereby removed from the Agreement, and funds earmarked for this task have been reallocated. The total budget remains the same and no other terms of the agreement are altered by this amendment. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is a no cost extension. Ecology is providing $200,000 for the remedial investigation and cleanup feasibility study. There is no match. RECOMMENDATION: JCPH management requests approval of Amendment 4 to Agreement, TCPIPG-2123-JeCoPH-00039. Washington State Department of Ecology; June 1, 2022 to December 31, 2026; $200,000. REVIEWED BY: 5-00/9C Josh D. Peter , County Administrator Date 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 EH-22-023-A4 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Department of Ecology Contract No: EH-22-023-A4 Contract For: Toxics Cleanup Grant Agreement, Am. 4 Term: 6/1/2022 - 12/31/2026 COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Tami Pokorny Contact Phone: x498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: $200,000(No change) 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 # 127 RFP or RFQ Munis Org/Obj 12756210 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP IA E WI 5 0 AND CHAPTER 42.23 RCW. CERTIFIED: r N/A: May 4, 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. CERTIFIED: N/A: l ' I G L May 4, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/6/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/5/2026. Reviewed and Approved by DPA Luther on 05/05/2026 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 UM DEPARTMENT OF elm WIL ECOLOGY State of Washington AMENDMENT NO.4 TO AGREEMENT NO.TCPIPG-2123-JeCoPH-00039 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JEFFERSON COUNTY PUBLIC HEALTH(RECIPIENT)for the Chimacum Creek Cleanup and Restoration(PROJECT). The purpose of this amendment is to address the following revisions to the AGREEMENT: 1. Extend the expiration date of the AGREEMENT from June 30,2026,to December 31,2026. 2. Update the scope of work for Task 2-Site Investigations(J003)to add Environmental Information Management EIM)data submittal language and associated Deliverable 2.5. 3.Remove Task 3-Focused Feasibility Study(J004)from the AGREEMENT. 4.Reallocate funding from Task 3-Focused Feasibility Study(J004)to Task 2-Site Investigations(J003)to better reflect project spending needs.The budget is revised as follows: Task 1: Grant and Project Administration(J008)—No change; funding remains at$20,000. Task 2: Site Investigations(J003)—Funding increases by$20,000 from$123,000 to$143,000. Task 3: Focused Feasibility Study(J004)—Funding decreases by$20,000 from $20,000 to$0. Task 4: Integrated Planning Activities(JO 11)—No change;funding remains at$37,000. The total budget,all other scope of work and deliverables, and terms and conditions of the AGREEMENT remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2026 Amended: 12/31/2026 CHANGES TO SCOPE OF WORK Task Number:2 Task Cost: $143,000.00 Task Title: SITE INVESTIGATIONS-J003 Template Version 10/30/2015 EH-22-023-A4 State of Washington Department of Ecology Page 2 of 6 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Amendment No.4 Task Description: This task funds the RECIPIENTs eligible costs ECOLOGY deems reasonable and necessary to plan and perform remedial site investigations consistent with the scope of work in the ECOLOGY approved work plan for the Site.This task includes the review of documents related to prior environmental investigations at the site to determine if there are any data gaps.If data gaps are identified, RECIPIENT eligible costs would include the development of sampling and analysis plan,sampling and analysis costs, identification and testing of potential sources of contamination(including hazardous building materials),surveying/mapping,data management,reports, and RECIPIENT staff costs for these activities not billed under the Grant and Project Administration task. RECIPIENT shall review existing Phase I and II Environmental Site Assessment components,identify data gaps, conduct supplemental sampling as necessary to complete the ESA and subsequent remedial investigation,and provide a written report to ECOLOGY that documents the results. RECIPIENT shall prepare a draft investigation work plan and submit to ECOLOGY for approval before implementing the plan. RECIPIENT shall prepare a draft sampling plan and submit to ECOLOGY for approval before implementing the plan. Eligible costs also include activities associated with compliance with archaeological and cultural resource requirements. RECIPIENT will hire Washington Conservation Corps crews,or other contract labor crews, in addition to RECIPIENT staff,to perform blackberry removal to enable sampling access to the Site.This is a one-time allowable cost;ongoing maintenance is not eligible.Documentation of hiring procedures and the signed contract will need to be uploaded with the PRPR submitted for these costs. All environmental data shall be submitted to ECOLOGY's Environmental Information Management(EIM)system database within 30 days of obtaining analytical results(or validated analytical results as required by the study)and at least 60 days prior to the grant expiration date. The RECIPIENT shall notify ECOLOGY of sampling/monitoring events and the status of analytical analyses in the quarterly Payment Requests/Progress Reports(PRPRs). Submitted environmental data is subjected to review and approval by ECOLOGY. The RECIPIENT shall work with ECOLOGY's EIM Data Coordinator and ECOLOGY's Project Manager to make any necessary corrections.The RECIPIENT must confirm with ECOLOGY that data has been submitted,reviewed,and uploaded to the EIM database prior to the final grant PRPR and closeout. Task Goal Statement: To compile Site information and conduct field investigations that may include sampling to adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site if required. Task Expected Outcome: The results of the Site investigations are documented in a report that can be used to aid the development and evaluation of any required cleanup alternatives for the Site. Template Version 10/30/2015 State of Washington Department of Ecology Page 3 of 6 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Amendment No.4 Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 2.1 Environmental Investigation Work Plan. 2.2 Sampling and Analysis Plan. 2.3 Site Characterization and Remedial Investigation Report. 2. 4 Phase I and Phase II ESA. 2.5 Collected environmental data shall be submitted to the EIM Loader 10/31/2026 within 30 days of obtaining analytical results(or validated analytical results as required by the study)and at least 60 days prior to the grant expiration date. CHANGES TO SCOPE OF WORK Task Number:3 Task Cost: $0.00 Task Title: FOCUSED FEASIBILITY STUDY-J004 Task Description: The scope of work for this task is removed from the AGREEMENT.All funding has been shifted to Task 2-Site Investigations(J003),an earlier phase of work. Task Goal Statement: Task removed. Task Expected Outcome: Task removed. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 3.1 Deliverable and funding removed. Template Version 10/30/2015 State of Washington Department of Ecology page 4 of 6 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Amendment No.4 3.2 Deliverable and funding removed. 3.3 Deliverable and funding removed. 3.4 Deliverable and funding removed. 3.5 Deliverable and funding removed. CHANGES TO THE BUDGET Funding Distribution EG220686 Funding Title: Chimacum Creek-IPG Funding Type: Grant Funding Effective Date: 06/01/2022 Funding Expiration Date: 12/31/2026 Funding Source: Title: Model Toxics Control Capital Account(MTCCA) Fund: FD Type: State Funding Source%: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree,safe drinking water actions,areawide groundwater investigations,and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act(MTCA),Chapter 70.105D RCW.MICA directed Ecology to adopt rules for grant and loan issuance and performance.Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MICA directs 25%of the tax revenue into the Model Toxics Control Capitol Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect:25% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Chimacum Creek-IPG Task Total GRANT AND PROJECT ADMINISTRATION-J008 20,000.00 Template Version 10/30/ 2015 State of Washington Department of Ecology Page 5 of 6 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Amendment No.4 SITE INVESTIGATIONS-J003 143,000.00 FOCUSED FEASIBILITY STUDY-J004 0.00 INTEGRATED PLANNING ACTIVITIES-J011 37,000.00 Total:$ 200, 000.00 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total Chimacum Creek-IPG 0 % $0.00 $ 200,000.00 $ 200, 000.00 Total 0.00 $ 200,000.00 $ 200,000.00 Template Version 10/30/2015 State of Washington Department of Ecology Page 6 of 6 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Amendment No.4 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 06/01/2022. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State JEFFERSON COUNTY PUBLIC HEALTH Department of Ecology By: By: Nhi Irwin Date Greg A. Brotherton Date Toxics Cleanup Chair, Board of County Commissioners Program Manager Glenn Gilbert s Public Health Assistant D e Approved as to form: Jeremiah B. Luther g 05/05/2026 Civil !uty ''.secutingAttorney Date Template Approved to Form by Attorney General's Office Template Version 10/30/2015 11311 DEPARTMENT OF tam ECOLOGY State of Washington AMENDMENT NO.3 TO AGREEMENT NO.TCPIPG-2123-JeCoPH-00039 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JEFFERSON COUNTY PUBLIC HEALTH(RECIPIENT)for the Chimacum Creek Cleanup and Restoration(PROJECT). The purpose of this amendment is to extend the expiration date of the AGREEMENT from June 30, 2025,to June 30, 2026. The total budget,scope of work and deliverables, and all other terms and conditions of the AGREEMENT remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2025 Amended: 06/ 30/2026 CHANGES TO THE BUDGET Funding Distribution EG220686 Funding Title: Chimacum Creek-IPG Funding Type:Grant Funding Effective Date: 06/01/2022 Funding Expiration Date: 06/30/2026 Funding Source: Title: Model Toxics Control Capital Account(MTCCA) Fund: FD Type: State Funding Source%: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions,areawide groundwater investigations,and integrated planning activities. The remedial action grant and Template Version 10/30/2015 EH-22-023-A3 State of Washington Department of Ecology Page 2 of 4 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 loan program was created by the Model Toxics Control Act (MTCA),Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC,Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25%of the tax revenue into the Model Toxics Control Capitol Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect: 25% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Chimacum Creek-IPG Task Total GRANT AND PROJECT ADMINISTRATION-J008 20,000.00 SITE INVESTIGATIONS -J003 123,000.00 FOCUSED FEASIBILITY STUDY-J004 20,000.00 INTEGRATED PLANNING ACTIVITIES-J011 37,000.00 Total: $ 200,000.00 Template Version 10/30/2015 State of Washington Department of Ecology Page 3 of 4 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Chimacum Creek- IPG 0 % $ 0.00 $ 200,000.00 $ 200, 000.00 Total S 0.00 $ 200,000.00 $ 200, 000.00 Template Version 10/30/2015 cusign Envelope ID:8C0C5ODB-6D1A-4132-B4B3-703504CEEE83 State of Washington Department of Ecology Page 4 of 4 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 06/01/2022. IN WITNESS WHEREOF:the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State JEFFERSON COUNTY PUBLIC HEALTH Department of Ecology l DocuSigned by: Signed by: lvi 1444, 6/4/2025 6/ 4/2025 By: '-3DFAC62599A84A9... By:1384558859724C8... Nhi Irwin Date Heidi Love Eisenhour Date Toxics Cleanup County Commissioner Program Manager Philip C. Hunsucker Signed by: Mt-LiSsa 6/4/2025 F082C8A 17F5C49C... Chief Civil Deputy Prosecuting Attorney Date Glenn Gilbert Signed by: r iattAAJA, L(u°'U+ 6/3/2025 F57A3C9B59854A8... Public Health Assistant Date Template Approved to Form by Attorney General's Office Template Version 10/30/2015 cusign Envelope ID: 36C1A0CD-6A1D-4341-BC3B-860691837084 le ° DEPARTMENT OF t1-47.7 ECOLOGY ligliWN State of Washington AMENDMENT NO.2 TO AGREEMENT NO. TCPIPG-2123-JeCoPH-00039 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JEFFERSON COUNTY PUBLIC HEALTH(RECIPIENT)for the Chimacum Creek Cleanup and Restoration(PROJECT). The purpose of Amendment No. 2 is to redistribute the budget and to amend the scope of work. Task funding for Grant and Project Administration (J008) is being increased to further support the RECIPIENT's project administration activities. Task funding for Integrated Planning Activities(J011)is being decreased to reflect less funding needed for the task. Scope of work for Site Investigations(J003) is being amended to add services for blackberry removal to enable sampling access to the Site. The total budget of$200,000.00 is not changing. The task budget is revised as follows: Task 1: Grant and Project Administration(J008)—Increased by $13,000.00 from$7,000.00 to$20,000.00. Task 2: Site Investigations(J003)—No change;remained at$123,000.00. Task 3: Focused Feasibility Study(J004)—No change; remained at$20,000.00. Task 4: Integrated Planning Activities(JO11)—Decreased by $13,000. 00 from$50,000.00 to$37,000.00. The scopes of work for Grant and Project Administration (J008), Focused Feasibility Study(J004),and Integrated Planning Activities(J011)remain the same. The total budget, deliverables,terms and conditions, and the expiration date of the AGREEMENT remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: CHANGES TO THE BUDGET Funding Distribution EG220686 Funding Title: Chimacum Creek- IPG Funding Type:Grant Funding Effective Date: 06/01/2022 Funding Expiration Date: 06/30/2025 Funding Source: Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 2 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Title: Model Toxics Control Capital Account(MTCCA) Fund: FD Type: State Funding Source%: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions,areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA),Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC,Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25%of the tax revenue into the Model Toxics Control Capitol Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect: 25% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Chimacum Creek-IPG Task Total GRANT AND PROJECT ADMINISTRATION-J008 20,000.00 SITE INVESTIGATIONS -J003 123,000.00 FOCUSED FEASIBILITY STUDY-J004 20,000.00 INTEGRATED PLANNING ACTIVITIES-J011 S 37,000.00 Total: $ 200,000.00 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $20,000.00 Task Title: GRANT AND PROJECT ADMINISTRATION -J008 Task Description: This task funds the RECIPIENT's eligible direct costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Examples of eligible activities includes costs necessary to: Template Version 10/30/2015 cusign Envelope ID:36C1AOCD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 3 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Perform Public Involvement Activities: Plan and hold meetings and communications with the public,consultants/contractors, or ECOLOGY not billed under another task. Procure and manage consultants and construction contractors. Manage the grant,develop,and maintain grant files. Prepare and submit payment requests,and progress reports,or other reports required by ECOLOGY. Conduct, coordinate, and schedule project activities described in the ECOLOGY approved scope of work. Purchase services, supplies,and tools. Conduct research or studies relevant to multiple tasks. Manage scientific Data, including Environmental Information Management System(EIM)submissions. TRAVEL AND PER DIEM: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred.Any costs incurred over the state rate will not be reimbursed under the grant. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs,such as the cost of parking the RECIPIENT's vehicles at their own office,purchasing,or maintaining vehicles are considered part of overhead and may not be direct billed to this grant.? BACKUP DOCUMENTATION: All backup documentation, whether recipient staff costs,prime contractor or subcontractor, and regardless of the contracting mechanism(lump sum or time and materials)must include the day worked,the hours,the rate of pay,total cost, and the activity being performed. Task Goal Statement: To manage the grant and project,and complete all administrative documentation and billings in accordance with accounting standards,the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. - Task Expected,Outcome: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Recipient Task Coordinator: Debbie Fountain Deliverables Number Description Due Date 1.1 Quarterly grant payment requests/progress reports(PR/PR)with proper documentation. CHANGES TO SCOPE OF WORK Task Number:2 Task Cost: $123,000.00 Task Title: SITE INVESTIGATIONS -J003 Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 4 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform remedial site investigations consistent with the scope of work in the ECOLOGY approved work plan for the Site. This task includes the review of documents related to prior environmental investigations at the site to determine if there are any data gaps. If data gaps are identified, RECIPIENT eligible costs would include the development of sampling and analysis plan, sampling and analysis costs, identification and testing of potential sources of contamination(including hazardous building materials), surveying/mapping, data management,reports, and RECIPIENT staff costs for these activities not billed under the Grant and Project Administration task. RECIPIENT shall review existing Phase I and II Environmental Site Assessment components, identify data gaps, conduct supplemental sampling as necessary to complete the ESA and subsequent remedial investigation,and provide a written report to ECOLOGY that documents the results. RECIPIENT shall prepare a draft investigation work plan and submit to ECOLOGY for approval before implementing the plan. RECIPIENT shall prepare a draft sampling plan and submit to ECOLOGY for approval before implementing the plan. Eligible costs also include activities associated with compliance with archaeological and cultural resource requirements. RECIPIENT will hire Washington Conservation Corps crews, or other contract labor crews, in addition to RECIPIENT staff, to perform blackberry removal to enable sampling access to the Site. This is a one-time allowable cost; ongoing maintenance is not eligible. Documentation of hiring procedures and the signed contract will need to be uploaded with the PRPR submitted for these costs. Task Goal Statement: To compile Site information and conduct field investigations that may include sampling to adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site if required. Task Expected Outcome: The results of the Site investigations are documented in a report that can be used to aid the development and evaluation of any required cleanup alternatives for the Site. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 2.1 Environmental Investigation Work Plan. 2.2 Sampling and Analysis Plan 2.3 Site Characterization and Remedial Investigation Report 2.4 Phase I and Phase II ESA Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 5 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 CHANGES TO SCOPE OF WORK Task Number:4 Task Cost: $37,000.00 Task Title: INTEGRATED PLANNING ACTIVITIES-JO11 Task Description: This task funds RECIPIENT integrated planning activities ECOLOGY deems reasonable and necessary to complete needed economic assessments, planning,and development of implementation strategies for the redevelopment of the Site. Eligible costs may include: Review of reports and technical documents related to the site assessment process; Technical communications between the RECIPIENT,their contractors,potentially liable parties, and ECOLOGY; Economic impact research and evaluations; Conceptual economic impact model; Right-of-way analysis for site configuration; Conceptual site plan; Building condition assessment; GIS analysis; Boundary and topographic survey; Stakeholder interviews,surveys,and meetings; Community Involvement/outreach, such as open house forums to solicit comments on plans and technical documents; Development and funding strategies; Regulatory assessment; Policy recommendations. The RECIPIENT shall: Consult and coordinate with the ECOLOGY project manager in the development of consultant scopes of work for activities under this task; Provide ECOLOGY with copies of all draft and final technical documents, plans,reports,data and analyses,GIS models, communication materials,public information materials,web page content, open house agendas, surveys and the results,and any other deliverables developed or funded under this task; Provide ECOLOGY the advanced notice of community events or meetings about the grant funded work; and Verify the eligibility of costs with the ECOLOGY grant financial manager. Costs not approved by the ECOLOGY grant financial manager may not be reimbursed under this grant. Costs for remedial actions that are the responsibility of potentially liable parties are not grant eligible. Costs for technical, advertising, and communications materials not approved by ECOLOGY may not be reimbursed under this grant. Task Goal Statement: To complete an integrated planning study. This will include site specific environmental information to guide property reuse. This could include conducting community and stakeholder engagement on the cleanup and restoration of the site,developing funding Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 6 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 strategies, developing outreach material on the redevelopment/conservation plan,the development of a site conceptual plan and costs associated with land-use reviews and permits. Task Expected Outcome: An integrated planning study will be completed that guides redevelopment of the property. This will include a summary report on any Community or Stakeholder engagement. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 4.1 Integrated Planning Implementation Strategy Report. Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 7 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Chimacum Creek- IPG 0 % $ 0.00 S 200,000.00 $ 200,000.00 Total 0.00 S 200,000.00 S 200,000.00 Template Version 10/30/2015 cusign Envelope ID:36C1A0CD-6A1D-4341-BC3B-860691837084 State of Washington Department of Ecology Page 8 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 03/01/2024. IN WITNESS WHEREOF:the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State JEFFERSON COUNTY PUBLIC HEALTH Department of Ecology f—DocuSigned by: c—DoocuSiggnneed by: 1301447L •flaOWs I . '"/\J12/5/2024 12/5/2024 By: -6A0C8B7E6EB0424... By: —6F565EF88F09461... Barry Rogowski Date Kate Dean Date Toxics Cleanup Chair,Board of County Commissioners Program Manager Philip C. Hunsucker a—Signed by: MAIM. PLuv' '4,u,, r6r 12/5/2024 F082 C 8A 17 F 5 C49 C... Chief Civil Deputy Prosecuting Attorney Date Glenn Gilbert SSi gneedbby: f'sIAAA, `^"`^` 12/5/2024 F57A3C9B 59854A6... Public Health Assistant Date Template Approved to Form by Attorney General's Office Template Version 10/30/2015 DocuSign Envelope ID FD2C6314-DA7E-419F-AFC2-210560E14A3A DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO. 1 TO AGREEMENT NO.TCPIPG-2123-JeCoPH-00039 BETWEEN TH.E STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JEFFERSON COUNTY PUBLIC HEALTH(RECIPIENT)for the Chimacum Creek Cleanup and Restoration(PROJECT). The purpose of this amendment is to extend the expiration date of the AGREEMENT from June 30,2023,to June 30,2025, update the Project Long Description to better capture the project's next stage of work being conducted under the grant,and redistribute the budget between tasks to reflect project needs. The total budget remains the same. All general terms and conditions of the AGREEMENT remain the same. Task I: Grant and Project Administration(J008)—NO CHANGE. Task 2: Site Investigations(J003)—INCREASED$10,000.00 from$113,000.00 to$123,000.00. Task 3: Focused Feasibility Study(J004)_.NO CHANGE. Task 4:Integrated Planning Activities(J011)-• DECREASED$10,000.00 from $60,000.00 to S50,000.00. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2023 Amended: 06/30/2025 Project Long Description: Amended: The Anderson Property is located at 890 Old Hadlock Road,FSID 9412888,and Cleanup Site ID 1559.The property is located in a sensitive environmental area along the confluence of a fork in Chimacum.Creek,which is critical habitat for the endangered Hood Canal summer chum salmon,endangered Puget Sound steelhead,and Coho salmon. The RECIPIENT has been collaborating with the Jefferson Land Trust and North Olympic Salmon Coalition to conduct a Phase I and Phase II.environmental assessment prior to any property transactions or obtaining a conservation easement.The RECIPIENT currently has a lien on the property and is negotiating with the property owner to either acquire a portion of the property or obtain a conservation easement to protect the salmon habitat in perpetuity. Alternatively, the RECIPIENT may pursue fee simple acquisition of the entire property. Template Version 10/30/2015 El1-22-023-A 1 DocuSign Envelope ID FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 2 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 The goal of the project is to redevelop the Site in a way that is most protective of Chimacum Creek and the endangered species that inhabit it.As part of the project,the RECIPIENT would coordinate with the North Olympic Salmon Coalition on a re-development and habitat restoration plan. The project area also borders the Rick Tollefson trail,a Jefferson County Public Use Trail and as part of the restoration an interpretive sign will be erected to describe the ecological benefits of the project and acknowledge the property owner and funders. The parcel runs east to west and is approximately 800 feet long and 300 feet wide,for a total of 5.3 acres.Mr.Anderson operated Michael's Custom Re-build and Towing and Michael's Hulk Hauling for many years.During this time,Mr.Anderson punctured gas tanks and crushed vehicles on the Site. The RECIPIENT has a$61,511 lien on the property stemming from litigation over solid waste violations at the Site.Site investigations conducted by the RECIPIENT in 2005 of the entire five acres,revealed improperly stored batteries, stacks of exposed engines,transmissions,and other parts with heavy residue. The RECIPIENT staff observed petroleum sheens and open and exposed hazardous material containers. The RECIPIENT obtained two warrants of abatement from the Jefferson County Superior Court to remove junk vehicles from the Site and to dispose of solid waste on the property.In 2011,the Jefferson County Superior Court issued a permanent injunction to Mr. Anderson that prevents him from depositing,leaving or bringing or hauling any solid waste,including but not limited to junk vehicles,vehicle hulks,vehicle parts,tires and/or any other personal property which fits the definition of solid waste. In 2012, the Superior Court held Mr.Anderson in contempt for violating the 2011 permanent injunction and amended the Permanent Injunction to prevent Mr. Anderson from salvaging,cannibalizing,processing scrap metal within 150 feet of Chimacum Creek. The permanent injunction allows the RECIPIENT access to the site for the removal of solid waste on the property and other reasonable steps not listed to abate,remove, remedy and cure the public nuisance including remediation. In 2018,a second warrant of abatement was issued by the Superior Court and Mr. Anderson was held in contempt again for bringing additional junk vehicles onto the Site in violation of the permanent injunction. Many of the junk vehicles that were ordered to be abated were located in the critical area buffer for Chimacum Creek at the Site. The planned restoration project would essentially prevent placement of junk vehicles and other solid waste in the critical area buffer. Assessment,planning,and other activities may also support the acquisition and cleanup of the entire property. The RECIPIENT conducted an initial investigation on December 21,2005 and obtained four soil samples from the property which had elevated levels of gas and diesel.The diesel NWTPHDx ranged from 73 mg/kg to 7,800 mg/kg and the gas NWTPHGx ranged from 9.8 mg/kg to 240 ing/kg. In 2009,EPA completed a discrete investigation that included 12 field samples.The samples included five surface soil samples, three subsurface soil samples,and four sediment samples. The sample results determined that there were low level concentrations of inorganics;and EPA provided a final report concluding that the property did not warrant further action by EPA.The sampling did find elevated levels above background levels for lead(435 mg/Kg),Zinc 152-285 mg/kg),and arsenic in sediments(18.2mg/Kg). The RECIPIENT and the landowner continue to negotiate the acquisition of a portion of the property adjacent to Chimacum Creek,which includes critical area buffer,a conservation easement,or the entire property in exchange for discharge of the lien. But the documented contamination on the Site impedes completion of the transaction.An R.I/FS will be needed to determine the scope of the problem and plan for any necessary remediation. Template Version 10/30/2015 DocuSign Envelope ID: FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 3 of 8 JEFFERSON COUNTY PUBLIC IIEAINH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 As part of the pre-sale,the North Olympic Salmon Coalition which has grant funding from Washington Fish and Wildlife WDFW grant 20-16451 Chimacum Creek Restoration and Protection Project Phase 2)will pass through funds in the amount of$25,600 to the RECIPIENT under a Memorandum of Agreement(EH-21-071)to conduct the Phase I ESA,Phase II ESA, get a preliminary Title Report,and an appraisal of the property. But we believe additional funding will be necessary to complete the Phase I and Phase II ESA as well as to complete the RI/FS. Overall Goal: To complete Site investigations and prepare a conceptual redevelopment plan for the Site. CHANGES TO THE BUDGET Funding Distribution EG220686 Funding Title:Chimacum Creek-IPG Funding Type: Grant Funding Effective Date: 06/01/2022 Funding Expiration Date: 06/30/2025 Funding Source: Title: Model Toxics Control Capital Account(MTCCA) Fund: FD Type: State Funding Source%: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations,independent cleanups, cleanups conducted under order or consent decree,safe drinking water actions,areawide groundwater investigations,and integrated planning activities.The remedial action grant and loan program was created by the Model Toxics Control Act(MICA),Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC,Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25%of the tax revenue into the Model Toxics Control Capitol Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State indirect:25% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Template Version 10/30/2015 DocuSign Envelope ID:FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 4 of S JEFFERSON COUNTY PUBLIC HEAL TH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Chimacum Creek-IPG Task Total GRANT AND PROJECT ADMINISTRATION -J008 7,000.00 SITE INVESTIGATIONS-J003 123,000.00 FOCUSED FEASIBILITY STUDY-J004 20,000.00 INTEGRATED PLANNING ACTIVITIES-J011 50,000.00 Total:$ 200,000.00 CHANGES TO SCOPE OF WORK Task Number:2 Task Cost:$123,000.00 Task Title: SITE INVESTIGATIONS-J003 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform remedial site investigations consistent with the scope of work in the ECOLOGY approved work plan for the Site.This task includes the review of documents related to prior environmental investigations at the site to determine if there are any data gaps. If data gaps are identified,RECIPIENT eligible costs would include the development of sampling and analysis plan,sampling and analysis costs,identification and testing of potential sources of contamination(including hazardous building materials), surveying/mapping,data management,reports, and RECIPIENT staff costs for these activities not billed under the Grant and Project Administration task. RECIPIENT shall review existing Phase I and II Environmental Site Assessment components, identify data gaps,conduct supplemental sampling as necessary to complete the ESA and subsequent remedial investigation,and provide a written report to ECOLOGY that documents the results. RECIPIENT shall prepare a draft investigation work plan and submit to ECOLOGY for approval before implementing the plan. RECIPIENT shall prepare a draft sampling plan and submit to ECOLOGY for approval before implementing the plan. Eligible costs also include activities associated with compliance with archaeological and cultural resource requirements. Task Goal Statement: To compile Site information and conduct field investigations that may include sampling to adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site if required. Task Expected Outcome: Template Version 10/30/2015 DocuSign Envelope ID: FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 5 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 The results of the Site investigations are documented in a report that can be used to aid the development and evaluation of any required cleanup alternatives for the Site. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 2.1 Environmental Investigation Work Plan. 2.2 Sampling and Analysis Plan 2.3 Site Characterization and Remedial Investigation Report 2.4 Phase I and Phase 11 ESA CHANGES TO SCOPE OF WORK Task Number:4 Task Cost: $50,000.00 Task Title: INTEGRATED PLANNING ACTIVITIES-J011 Task Description: This task funds RECIPIENT integrated planning activities ECOLOGY deems reasonable and necessary to complete needed economic assessments,planning,and development of implementation strategies for the redevelopment of the Site. Eligible costs may include: Review of reports and technical documents related to the site assessment process; Technical communications between the RECIPIENT,their contractors,potentially liable parties,and ECOLOGY; Economic impact research and evaluations; Conceptual economic impact model; Right-of-way analysis for site configuration; Conceptual site plan; Building condition assessment; GIS analysis; Boundary and topographic survey; Stakeholder interviews,surveys,and meetings; Community Involvement/outreach,such as open house forums to solicit comments on plans and technical documents; Development and funding strategies; Regulatory assessment; Policy recommendations. The RECIPIENT shall: Consult and coordinate with the ECOLOGY project manager in the development of consultant scopes of work for activities Template Version 10/30/2015 DocuSign Envelope ID: FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 6 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 under this task; Provide ECOLOGY with copies of all draft and final technical documents,plans,reports,data and analyses,GIS models, communication materials,public information materials,web page content,open house agendas,surveys and the results,and any other deliverables developed or funded under this task; Provide ECOLOGY the advanced notice of community events or meetings about the grant funded work;and Verify the eligibility of costs with the ECOLOGY grant financial manager.Costs not approved by the ECOLOGY grant financial manager may not be reimbursed under this grant. Costs for remedial actions that are the responsibility of potentially liable parties are not grant eligible. Costs for technical,advertising, and communications materials not approved by ECOLOGY may not be reimbursed under this grant. Task Goal Statement: To complete an integrated planning study. This will include site specific environmental information to guide property reuse.This could include conducting community and stakeholder engagement on the cleanup and restoration of the site,developing funding strategies,developing outreach material on the redevelopment/conservation plan,the development of a site conceptual plan and costs associated with land-use reviews and permits. Task Expected Outcome: An integrated planning study will be completed that guides redevelopment of the property.This will include a summary report on any Community or Stakeholder engagement. Recipient Task Coordinator: Tami Pokorny Deliverables Number Description Due Date 4.1 Integrated Planning Implementation Strategy Report. Template Version 10/30/2015 DocuSign Envelope ID: FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 7 of 8 JEFFERSON COUNTY PUBLIC HEM TH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JeCoPH-00039 Funding Distribution Summary Recipient I Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Chilnacum Creek- 1PG 0 % $0.00 $ 200,000.00 $ 200,000.00 Total 0.00 $ 200,000.00 $ 200,000.00 template`version 10/30i2015 DocuSign Envelope ID: FD2C6314-DA7E-419F-AFC2-210560E14A3A State of Washington Department of Ecology Page 8 of 8 JEFFERSON COUNTY PUBLIC HEALTH Chimacum Creek Cleanup and Restoration Project Agreement No.TCPIPG-2123-JcCoPH-00039 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 06/07/2023. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State JEFFERSON COUNTY WASHINGTON Department of Ecology dba Jefferson County Public Health r—DocuSigned by: Ba4.4.7 Kt/0144/`t 6/21/2023 p_By: `-6A0C8B7E6EB0424..By: Barry Rogowski Late Greg Brotherton,Chair,Board Date Toxics Cleanup of County Commissioners Program Manager APPROVED AS TO FORM ONLY: it r June 7, 2023 Template Approved to Form by Philip C. Hunsucker, Date Attorney General's Office Chief Civil Deputy Prosecuting Attorney Template Version 10/30/2015 DocuSign Envelope ID:6370F410-8B15-4799-9EE5-9390BD54EBiF DEPARTMENT OF u ECOLOGY State of Washington Agreement No. TCPIPG-2123-JeCoPI -00039 TOXICS CLEANUP INTEGRATED PLANNING GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and Jefferson County Public Health,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Chimacum Creek Cleanup and Restoration Total Cost: 200,000.00 Total Eligible Cost: 200, 000.00 Ecology Share: 200,000.00 Recipient Share: 0.00 The Effective Date of this Agreement is: 06/01/2022 The Expiration Date of this Agreement is no later than:06/30/2023 Project Type: Integrated Planning Grant Project Short Description. Site investigations needed to facilitate restoration and protection of a sensitive environmental area along the confluence of a fork in Chimacum Creek, a critical habitat for endangered salmon,adjacent to 890 Old Hadlock Road,FSID 9412888,and Cleanup Site ID 1559, owned by Mike Anderson. Project Lonj Description: The Anderson Property is located at 890 Old Hadlock Road, FSID 9412888,and Cleanup Site ID 1559.The property is located in a sensitive environmental area along the confluence of a fork in Chimacum Creek,which is critical habitat for the endangered Hood Canal summer chum salmon,endangered Puget Sound steelhead,and Coho salmon. The RECEIPENT has been collaborating with the Jefferson Land Trust and North Olympic Salmon Coalition to conduct a Phase I and Phase II environmental assessment prior to any property transactions or obtaining a conservation H-22-023 DocuSign Envelope ID:63701-410-BB15-4799-9EE5-9390BD54EB7f State of Washington Department of Ecology Page 2 of 29 Agreement No: TCPIP0-2123-JoCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health easement.The RECEIPENT currently has a lien on the property and is negotiating with the property owner to either acquire a portion of the property or obtain a conservation easement to protect the salmon habitat in perpetuity. The goal of the project is to redevelop the Site in a way that is most protective of Chimacum Creek and the endangered species that inhabit it.As part of the project, the RECEIPENT would coordinate with the North Olympic Salmon Coalition on a re-development and habitat restoration plan. The project area also borders the Rick Tollefson trail,a Jefferson County Public Use Trail and as part of the restoration an interpretive sign will be erected to describe the ecological benefits of the project and acknowledge the property owner and funders. The parcel runs east to west and is approximately 800 feet long and 300 feet wide,for a total of 5.3 acres.Mr. Anderson operated Michael's Custom Re-build and Towing and Michael's Hulk Hauling for many years.During this time,Mr. Anderson punctured gas tanks and crushed vehicles on the Site. The RECEIPENT has a$61,511 lien on the property stemming from litigation over solid waste violations at the Site. Site investigations conducted by the RECEIPENT in 2005 of the entire five acres,revealed improperly stored batteries,stacks of exposed engines, transmissions,and other parts with heavy residue. The RECEIPENT staff observed petroleum sheens and open and exposed hazardous material containers. The RECEIPENT obtained two warrants of abatement from the Jefferson County Superior Court to remove junk vehicles from the Site and to dispose of solid waste on the property.In 2011,the Jefferson County Superior Court issued a permanent injunction to Mr. Anderson that prevents him from depositing, leaving or bringing or hauling any solid waste, including but not limited to junk vehicles,vehicle hulks,vehicle parts,tires and/or any other personal property which fits the definition of solid waste. In 2012,the Superior Court held Mr.Anderson in contempt for violating the 2011 permanent injunction and amended the Permanent Injunction to prevent Mr.Anderson from salvaging,cannibalizing, processing scrap metal within 150 feet of Chimacum Creek. The permanent injunction allows the RECEIPENT access to the site for the removal of solid waste on the property and other reasonable steps not listed to abate,remove,remedy and cure the public nuisance including remediation. In 2018,a second warrant of abatement was issued by the Superior Court and Mr. Anderson was held in contempt again for bringing additional junk vehicles onto the Site in violation of the permanent injunction. Many of the junk vehicles that were ordered to be abated were located in the critical area buffer for Chimacum Creek at the Site. The planned restoration project would essentially prevent placement of junk vehicles and other solid waste in the critical area buffer. The RECEIPENT conducted an initial investigation on December 21,2005 and obtained four soil samples from the property which had elevated levels of gas and diesel.The diesel NWTPHDx ranged from 73 mg/kg to 7,800 mg/kg and the gas NWTPHGx ranged from 9.8 mg/kg to 240 mg/kg. In 2009,EPA completed a discrete investigation that included 12 field samples.The samples included five surface soil samples,three subsurface soil samples,and four sediment samples. The sample results determined that there were low level concentrations of inorganics;and EPA provided a final report concluding that the property did not warrant further action by EPA. The sampling did find elevated levels above background levels for lead(435 mg/Kg),Zinc 152-285 mg/kg),and arsenic in sediments(18.2mg/Kg). The RECEIPENT and the landowner are in negotiations to acquire the lower portion of the property closest to Chimacum Creek,which included the critical area buffer, in exchange for discharge of the lien. But the documented Template Version 12/10/2020 DocuSign Envelope ID:6370F410-13B15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 3 of 29 Agreement No: TCPIPG-2123-JcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Namc: Jefferson County Public Health contamination on the Site impedes completion of the transaction. An RI/FS will be needed to determine the scope of the problem and plan for any necessary remediation, As part of the pre-sale,the North Olympic Salmon Coalition which has grant funding from Washington Fish and Wildlife WDFW grant 20-16451 Chimacum Creek Restoration and Protection Project Phase 2)will pass through funds in the amount of$25,600 to the RECEIPENT under a Memorandum of Agreement(EH-21-071)to conduct the Phase I ESA,Phase H ESA,get a preliminary Title Report,and an appraisal of the property. But we believe additional funding will be necessary to complete the Phase I and Phase II ESA as well as to complete the RI/FS. Overall Goal: To complete Site investigations and prepare a conceptual redevelopment plan for the Site. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 4 of 29 Agreement No: TCPIP0-2123-JeCoPH-00039 Project Title: Chimacwn Creek Cleanup and Restoration Recipient Name: Jefferson County Pubic Health RECIPIENT INFORMATION Organization Name: Jefferson County Public Health Federal Tax ID: 91-6001322 UEI Number:FN3KANAVBP15 Mailing Address:615 Sheridan St Port Townsend,WA 98368 Physical Address: 615 Sheridan St Port Townsend,Washington 98368 Organization Fax: (360)379-4487 Contacts Template Version 12/10/2020 DocuSign Envelope ID: 6370F410-BB15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Pagc 5 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health Pinky Mingo Project Manager Environmental Health Manager 615 Sheridan St Port Townsend,Washington 98368 Email: pmingo@cojefferson.wa.us Phone: (360)385-9444 Billing Contact Debbie Fountain Financial Operations Coordinator 615 Sheridan St Port Townsend,Washington 98368 Email: dfountain c@co.jefferson.wa.us Phone: (360)385-9444 Heidi Love Eisenhour Authorized County Commissioner Signatory 615 Sheridan St Port Townsend,Washington 98368 Email: heisenhour@co.jefferson.wa.us Phone: (360)385-9444 Template Version 12/10/2020 DocuSign Envelope ID:63701-410-BB15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 7 of 29 Agreement No: TCPIPG-2123-IcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement, Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Jefferson County Public Health Department of Ecology DocuSigned by: By: er42 t o,osvo/ar: 6/28/2022 By: P/= .. L lk2.1/ /% Q /tr5tb6424... Barry Rogowski Date Heidi Eisenhour Date Toxics Cleanup Commissioner Program Manager Template Approved to Form by Attorney General's Office APPROVED AS TO FORM ONLY: By. June 8, 2022 Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney Template Version 12/10/2020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 8 of 29 Agreement No: TCPIPt3-2123-JcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipicnt Name: Jefferson County Public Health SCOPE OF WORK Task Number:1 Task Cost: $7,000.00 Task Title: GRANT AND PROJECT ADMINISTRATION-J008 Task Description: This task funds the RECIPIENT's eligible direct costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Examples of eligible activities includes costs necessary to: Perform Public Involvement Activities: Plan and hold meetings and communications with the public,consultants/contractors, or ECOLOGY not billed under another task. Procure and manage consultants and construction contractors. Manage the grant,develop,and maintain grant files. Prepare and submit payment requests, and progress reports,or other reports required by ECOLOGY. Conduct,coordinate,and schedule project activities described in the ECOLOGY approved scope of work. Purchase services,supplies,and tools. Conduct research or studies relevant to multiple tasks. Manage scientific Data, including Environmental Information Management System(EIM) submissions. TRAVEL AND PER DIEM: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred.Any costs incurred over the state rate will not be reimbursed under the grant. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate.Any other motor pool costs,such as the cost of parking the RECIPIENT's vehicles at their own office,purchasing,or maintaining vehicles are considered part of overhead and may not be direct billed to this grant.? BACKUP DOCUMENTATION: All backup documentation,whether recipient staff costs,prime contractor or subcontractor, and regardless of the contracting mechanism(lump sum or time and materials)must include the day worked,the hours,the rate of pay,total cost,and the activity being performed. Task Goal Statement: To manage the grant and project,and complete all administrative documentation and billings in accordance with accounting standards,the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Task Exected Outcome: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-939OBD54EB7F State of Washington Department of Ecology Page 9 of 29 Agreement No: TCP[PG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health Recipient Task Coordinator: Debbie Fountain GRANT AND PROJECT ADMINISTRATION-J008 Deliverables Number Description Due Date 1.1 Quarterly grant payment requests/progress reports(PR/PR)with proper documentation. Template Version 12/10/2020 DocuSign Envelope II.):6370F410-BB15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 10 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number:2 Task Cost: $113,000.00 Task Title: SITE INVESTIGATIONS-J003 Task l<teseri Lion: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform remedial site investigations consistent with the scope of work in the ECOLOGY approved work plan for the Site.This task includes the review of documents related to prior environmental investigations at the site to determine if there are any data gaps.If data gaps are identified,RECIPENT eligible costs would include the development of sampling and analysis plan,sampling and analysis costs,identification and testing of potential sources of contamination(including hazardous building materials), surveying/mapping, data management,reports, and RECIPIENT staff costs for these activities not billed under the Grant and Project Administration task. RECIPIENT shall review existing Phase I and II Environmental Site Assessment components,identify data gaps,conduct supplemental sampling as necessary to complete the ESA and subsequent remedial investigation,and provide a written report to ECOLOGY that documents the results. RECIPIENT shall prepare a draft investigation work plan and submit to ECOLOGY for approval before implementing the plan. RECIPIENT shall prepare a draft sampling plan and submit to ECOLOGY for approval before implementing the plan. Eligible costs also include activities associated with compliance with archaeological and cultural resource requirements. Task Goal Statement: To compile Site information and conduct field investigations that may include sampling to adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site if required. Task Expected Outcome: The results of the Site investigations are documented in a report that can be used to aid the development and evaluation of any required cleanup alternatives for the Site. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-8815-4799-9EE5-93908D54E137F State of Washington Department of Ecology Page 1 l of 29 Agreement No: TCPIPG-2123-JcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health Recipient Task Coordinator; Tami Pokorny SITE INVESTIGATIONS-J003 Deliverables Number Description Due Date 2.1 Environmental Investigation Work Plan. 2.2 Sampling and Analysis Plan 2.3 Site Characterization and Remedial Investigation Report 2.4 Phase I and Phase II ESA Template Version 12/10/2020 DocuSign Envelope ID: 6370F410-8B15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 12 of 29 Agreement No: TCPIPG-2123-JcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number:3 Task Cost: $20,000.00 Task Title: FOCUSED FEASIBILITY STUDY-J004 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform an analysis of the feasibility of potential cleanup options identified for the Site during remedial site investigation activities. This work must be consistent with the scope of work approved by the Ecology Project Manager for the Site. Eligible costs may also include pilot tests,treatability studies, stormwater source control engineering studies,Environmental Impact Statements,data management,public involvement, and RECIPIENT staff costs related to these activities not billed under the Grant and Project Administration task. Opportunities for cost savings and efficiencies between cleanup and redevelopment may be identified as part of the evaluation of cleanup alternatives. If adequate funding remains in the agreement at completion of the focused feasibility study, the RECIPIENT may develop a draft cleanup action plan. Deliverable 3.1 the focused feasibility study is the primary deliverable.Deliverable 3.2,the draft cleanup action plan is not required but is listed as an option. Task Goal Statement: The results of the Focused Feasibility Study are documented in a report and adequate information has been provided so a cleanup action can be selected as needed. This will include conducting a boundary and topographic survey,a wetlands evaluation,cultural survey and assessment, drainage study,the preparation of a SEPA Environmental checklist,and obtaining a FEMA elevation certificate;and costs associated with land-use reviews and permits. Task Expected Outcome: The results of the Focused Feasibility Study are documented in a report and adequate information has been provided so necessary cleanup actions can be selected. A draft cleanup action plan may be developed if adequate funding remains in the agreement following the completion of the focused feasibility study. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-13B15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 13 of 29 Agreement No: TCPIPI}-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health Recipient Task Coordinator: Tami Pokorny FOCUSED FEASIBILITY STUDY-J004 Deliverables Number Description Due Date 3.1 Focused Feasibility Study 3.2 Draft Cleanup Action Plan(DCAP) 3.3 Boundary and topographic study 3.4 Wetlands Evaluation 3.5 SEPA Checklist Template Version 1 2/1 02020 DocuSign Envelope ID:6370F410-13B15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 14 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number:4 Task Cost: $60,000.00 Task Title: INTEGRATED PLANNING ACTIVITIES-JO11 Task Description: This task funds RECIPIENT integrated planning activities ECOLOGY deems reasonable and necessary to complete needed economic assessments,planning, and development of implementation strategies for the redevelopment of the Site. Eligible costs may include: Review of reports and technical documents related to the site assessment process; Technical communications between the RECIPIENT,their contractors,potentially liable parties,and ECOLOGY; Economic impact research and evaluations; Conceptual economic impact model; Right-of-way analysis for site configuration; Conceptual site plan; Building condition assessment; GIS analysis; Boundary and topographic survey; Stakeholder interviews, surveys,and meetings; Community Involvement/outreach, such as open house forums to solicit comments on plans and technical documents; Development and funding strategies; Regulatory assessment; Policy recommendations. The RECIPIENT shall: Consult and coordinate with the ECOLOGY project manager in the development of consultant scopes of work for activities under this task; Provide ECOLOGY with copies of all draft and final technical documents,plans,reports,data and analyses,GIS models, communication materials,public information materials, web page content, open house agendas, surveys and the results,and any other deliverables developed or funded under this task; Provide ECOLOGY the advanced notice of community events or meetings about the grant funded work; and Verify the eligibility of costs with the ECOLOGY grant financial manager.Costs not approved by the ECOLOGY grant financial manager may not be reimbursed under this grant. Costs for remedial actions that are the responsibility of potentially liable parties are not grant eligible. Costs for technical, advertising, and communications materials not approved by ECOLOGY may not be reimbursed under this grant. Task Goal Statement: To complete an integrated planning study. This will include site specific environmental information to guide property reuse.This could include conducting community and stakeholder engagement on the cleanup and restoration of the site, developing funding strategies,developing outreach material on the redevelopment/conservation plan,the development of a site conceptual plan and costs associated with land-use reviews and permits. Template Version 12/10/2020 DocuSign Envelope ID:63701-410-B615-4799-9EE5-9390BD54E87F State of Washington Department of Ecology Page 15 of 29 Agreement No: TCPIPO-2123-JeCoPH-00039 Project Title: Chimacum Crock Cleanup and Restoration Recipient Name: Jefferson County Public Health TRk Expected Outcome An integrated planning study will be completed that guides redevelopment of the property. This will include a summary report on any Community or Stakeholder engagement. Recipient Task CPerdinatori Tami Pokorny INTEGRATED PLANNING ACTIVITIES-J011 Deliverables Number Description Due Date 4.1 Integrated Planning Implementation Strategy Report. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-8B15-4 799-9EE5-9390BD54EB IF State of Washington Department of Ecology Page 16 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health BUDGET Funding Distribution EG220686 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title:Chimacum Creek-IPG Funding Type: Grant Funding Effective Date: 06/01/2022 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Capital Account(MTCCA) Fund: FD Type: State Funding Source%: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree,safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance.Those rules are in Chapter 173-322A WAC,Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect Rate:25% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Template Version 12/10/2020 DocuSign Envelope ID:6370F410-8815-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 17 of 29 Agrcomont No: TCPIPG-2123-JoCoPH-0003 9 Project Title: Chimacum Crock Cleanup and Restoration Recipient Name: Jefferson County Public Health Chimacum Creek-IPG Task Total GRANT AND PROJECT ADMINISTRATION-J008 7,000.00 SITE INVESTIGATIONS-J003 113,000.00 FOCUSED FEASIBILITY STUDY-J004 20,000.00 INTEGRATED PLANNING ACTIVITIES-JO11 60,000. 00 Total:$ 200,000.00 Template Version 12/10/2020 DocuSign Envelope ID: 6370F410-B815-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 18 of 29 Agreement No: TCPIPO-2123-JeCoPH-00039 Projcct Title: Chimacum Crcck Cleanup and Restoration Recipient Name: Jefferson County Public Health Funding T)ictrlbutlon Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total argatemeam Chimacum Creek-IPG 0.00 % $ 0.00 $ 200,000.00 $ 200,000.00 Total 0.00 $ 200,000.00 $ 200, 000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Any current or future work included in this Agreement will be subject to cultural resources review by ECOLOGY in accordance with any and all applicable cultural resources laws and regulations. Any field activities potentially impacting cultural resources, will be subject to ECOLOGY's review, in consultation with the Department of Archaeology and Historic Preservation, and affected tribes,to assess actions which may directly and indirectly affect precontact(archaeological)and historic archaeological sites,historic buildings and structures,traditional cultural places, sacred sites, or other cultural resources. Field activities cannot begin until the cultural review has been completed, in situations when the activities were performed prior to ECOLOGY's review the field activities'costs may not be eligible for reimbursement. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSI N, DEFIARMEN:IIIN 'LlGIBILITY R VO1 NTAR4' EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended, debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred, suspended, ineligible, lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred, suspended, Template Version 12/10/2020 DocuSign Envelope ID: 6370F410-BB15-4799-9EE5-9390BD54EBiF State of Washington Department of Ecology Page 19 of 29 Agreement Na: TCPIPO-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in w°w .st t' .gtt itlt11://www,satn.w. within 30 days of agreement signature. The FFATA information will be available to the public at www,usttspetltlillg.gra'v http: ils<tspoding.govt For more details on FFATA requirements,see sr tsrs,goN 'ltttp;// >u.* ts.g :a . C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE, SERVICES OR E )IJIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in PlihItt. 1. t. I i 5- 2 12 Template Version 12/10/2020 DocuSign Envelope ID:63701-410-BB15-4799-9EE5-9390BD54E137F State of Washington Department of Ecology Page 20 of 29 Agreement No: TCPIP0-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health iittps://www.t+nvTnnlo. ovtt;ontent pk u:'i'I A -115ptih1232//tdf/PLAW-I I 5pub1232.pdi- section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems, or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the Sy stein for Award Matlaget11ct11(SAAM) ,'1t3tps., satn.gov/SAM`> exclusion list. Template Verriion 12/ 10/2020 DocuSign Envelope ID: 6370F410-3B15-4799-9EE5-93908D54E87F State of Washington Department of Ecology Page 21 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Crock Cleanup and Restoration Recipient Name: Jefferson County Public Health GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2.AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended, or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility) as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/ 10/2020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 22 of 29 Agreement No: TCPIPG-2123-JcCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: Keep the IDP at the project site. Make the IDP readily available to anyone working at the project site. Discuss the IDP with staff,volunteers, and contractors working at the project site. Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68. 50.645, and all other applicable local, state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY, all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 DocuSign Envelope ID 6370F410-BB15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 23 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance, and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility in the review, approval,or carrying out of this Agreement,shall not have any personal or financial interest, direct or indirect,nor affect the interest of any corporation,partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment, services,and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-8B15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 24 of 29 Agreement No: TCPIPG-2123-JcCoPH-00039 Project Title: Chimacum Crock Cleanup and Restoration Recipient Name: Jefferson County Public Health The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 Ecology Publication No. 04-03-030). Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that parry's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers, or agents of that party and will not for any purpose be employees,volunteers, or agents of the other ply. Template Version 12/10/2020 DocuSign Envelope ID':6370F410-BB15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 25 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE) and women-owned WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) 866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos, audio tapes,CDs, curriculum,posters,media announcements, or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts, etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/1D2020 DocuSign Envelope ID:63701-410-BB15-4799-9EE5-93908D54E87F State of Washington Department of Ecology Page 26 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacurn Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal, state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures, or seminars involving information supplied by ECOLOGY; or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts,and attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/102020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-93908D54EB7F State of Washington Department of Ecology Page 27 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health 22. RECORDS, AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three (3)years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements arc subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 DocuSign Envelope ID:6370F410-BB15-4799-9EE5-9390BD54EB7F State of Washington Department of Ecology Page 28 of 29 Agreement No: TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://eco logy.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. 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. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion,may elect to terminate the Agreement,in whole or part, or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 DocuSign Envelope ID: 6370F410-BB15-4799-9EE5-9390BD54E87F State of Washington Department of Ecology Page 29 of 29 Agreement No; TCPIPG-2123-JeCoPH-00039 Project Title: Chimacum Creek Cleanup and Restoration Recipient Name: Jefferson County Public Health event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies, surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO:Board of County Commissioners FROM: Josh D. Peters, County Administrator DATE:May $t 2026 SUBJECT: AGREEMENT re: Employment Agreement, Wendy Housekeeper, as Union-Exempt and FLSA-Exempt Executive Assistant in the County Administrator's Office, and UFCW3000 covered Accounts Auditing Technician in Auditor's Office STATEMENT OF ISSUE: County Commissioner approval is requested for the attached Employment Agreement with Wendy Housekeeper to be employed in two positions:as the County Administrator's Office Executive Assistant and Auditor's Office Accounts Auditing Technician, effective May 1, 2026. ANALYSIS: With the budget reductions required in FY 2026, Ms. Housekeeper's position as Executive Assistant in the County Administrator's Office was reduced from 1.0 to 0.6 FTE.Ms.Housekeeper desires to also be employed in a vacant position in the Auditor's Office as Accounts Auditing Technician at 0.4 FTE. The Executive Assistant position is Union exempt and FLSA exempt.Because the Accounts Auditing Technician is covered by the UFCW3000 Union, an employment agreement is required. FISCAL IMPACT: Expenditures for these positions were approved in their respective Department Budgets in FY 2026. RECOMMENDATION: Approve the attached Employment Agreement. REVIEWED BY: Jo D. Peters, County Administrator Date CONTRACT REVIEW FORM ClearFom, INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Employment Agreement-Wendy Housekeeper Contract No: EA 01-2026 Contract For: Union covered and Non Union position Term: Begin May 1, 2026 COUNTY DEPARTMENT: Human Resources Contact Person:Sarah Melancon Contact Phone: 360-385-9133 Contact email: semelancon@co.jefferson wa us AMOUNT: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 COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: a N/A:fl 1. C//3j/261 2—(p J Sig ure ate 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: C6(4,( 4,(ivt. r//j 2h J nature ate STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/15/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/14/2026. 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 EMPLOYMENT AGREEMENT Between Wendy Housekeeper And JEFFERSON COUNTY THIS EMPLOYMENT AGREEMENT, made and entered into this day of 2026, by and between JEFFERSON COUNTY, a Washington Municipal Corporation, hereinafter called Employer,' and Wendy Housekeeper, hereinafter called `Employee,' both of whom agree as follows: WITNESSETH: WHEREAS, Employer desires to retain the services of said Wendy Housekeeper as Jefferson County Auditor's Office Accounts Auditing Technician; and WHEREAS, said Wendy Housekeeper is already employed as Jefferson County Administrator's Office Executive Assistant; and WHEREAS, it is the desire of the Board of County Commissioners of Jefferson County Washington, on behalf of the Employer,to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Employer to (1) secure and retain the services of Employee and to provide inducement for her to remain in such employment, (2)to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3)to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and(4)to provide a just means for terminating Employee's services; and WHEREAS, Employee is employed as Executive Assistant and desires to accept employment as Accounts Auditing Technician for Jefferson County, Washington; and WHEREAS, Employer recognizes employee will be serving in two separate positions: A Union and FLSA Exempt, Hourly position as Executive Assistant(hereinafter referred to as Executive Assistant)at a 0.6 FTE and the Accounts Auditing Technician(hereinafter referred to as the Accounts Auditing Technician) a 0.4 FTE position of that is covered under the UFCW 3000 Union and the most recent Union Contract and County Personnel Rules will govern that position; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Wendy Housekeeper in the FLSA- and Union exempt position of Executive Assistant and to the UFCW Local 3000 represented Accounts Auditing Technician position for Jefferson County to perform the functions and duties as specified in the Job Descriptions for the Executive Assistant and for Accounts Auditing Technician as presently adopted and as may be Page 1 of 6 Wendy Housekeeper Employment Agreement amended in the future, and as specified in state law and by the Ordinances of said County,and to perform other legally permissible and proper duties and functions as the Employer or its designee shall assign from time to time. Section 2. Term 1. For the Executive Assistant position employee was employed for an indefinite term that commenced on November 20, 2023, serving at the pleasure of the County Administrator. Employee shall be considered an"at-will"employee of the Employer. 2. For the Accounts Auditing Technician Employee shall be employed for an indefinite term commencing on May 1, 2026. The Accounts Auditing Technician position will be governed by the most recent UFCW 3000 Contract(and successor agreements), specifically, Section 2.7 CONTRACT SERVICE PROVIDERS. 3. For the Executive Assistant, nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 9. of this agreement. 4. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her positions with Employer, however a resignation from one position may require realignment of the remaining position absent a full resignation from both positions. Section 3. Compensation 1. In the Executive Assistant position, Employee is paid on the Exempt Salary Matrix at the Executive Assistant hourly wage rate at$36.36 per hour for 0.6 FTE. 2. General wage adjustments will be provided in the same manner as other Exempt employees of the Employer,pursuant to the salary rates of the Exempt Salary Matrix. 3. Section 3. Salary does not apply to the Accounts Auditing Technician position of 0.4 FTE. The Accounts Auditing Technician position will be governed by the UFCW 3000 wage matrix contained in the most recent Collective Bargaining Agreement (CBA) (and its successor agreements). Employer agrees to start employee in the Accounts Auditing Technician position at Grade 27, Step 8, $34.99 of the UFCW 3000 matrix. Section 4. Benefits 1.Except as described herein, Employee shall receive the same Employee Benefits as Jefferson County Employees, which shall be administered pursuant to adopted County policies and the Jefferson County Administration Manual. All provisions of the Code of Ordinances, and regulations and rules of the Employer relating to personal time off, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee Page 2 of 6 Wendy Housekeeper Employment Agreement except as herein provided. 2. Personal Time Off(PTO): Employee will continue to accrue PTO at a rate based on her start date in the Executive Assistant position(November 20,2023)that will be prorated for each position based upon hours worked: 0.6 FTE for the Executive Assistant and 0.4 FTE for the Accounts Auditing Technician. Increases to the accrual rate will take place according to Jefferson County policy and the CBA between Jefferson County and UFCW3000. 3. Holidays: Employee shall be entitled to holidays pursuant to Chapter 6 of the Jefferson County Personnel Administration Manual and the CBA between Jefferson County and UFCW3000. This includes three(3) floating non-accruing holidays. 4 Employee may avail herself of the same consideration with regard to Bereavement Leave as is afforded all other general employees of Employer. 5 Health Benefits: Employer agrees to continue and to make required premium payments for Employee for health and welfare benefits under the terms and conditions afforded other staff of Jefferson County. 6. Retirement: Employee will continue to be a contributing member of the Washington State Public Employees Retirement System (PERS) and Social Security in the same manner afforded all other Exempt staff of Jefferson County, and Employer shall make employer contributions as afforded all other Exempt staff of the Employer. Section 5. Performance Evaluation 1. Employee was hired as an Executive Assistant on November 20, 2023. Her performance may be reviewed and evaluated annually on her anniversary date in November by the Clerk of the Board and the County Administrator. Her position is currently 0.6 FTE. 2. The Accounts Auditing Technician 0.4 FTE portion of Employee's employment will be governed by the UFCW 3000 most recent CBA and its successor agreements. Performance of Employee will be evaluated in writing by the Auditor at least once every 3 (three)months during the evaluation period. The Auditor shall review the performance of Employee at the end of the trial period and may document successful completion of the evaluation period by approving a Payroll Status Change Form, a copy of which will be placed in Employee's employment personnel file. Employee may be terminated without notice and without cause during the trial period or at its completion. If Employee is removed from the Accounts Auditing Technician position, she shall remain in the 0.6 FTE Executive Assistant position provided she maintains satisfactory performance. 3. Upon successful completion of the trial period for Accounts Auditing Technician,the Auditor may review and evaluate the performance of the Employee in writing at least once every twelve (12) months from the date of employment. Page 3 of 6 Wendy Housekeeper Employment Agreement Section 6. Hours of Work It is recognized that as an FLSA-and Union- Exempt, hourly employee as Executive Assistant in the 0.6 portion of the position and as a UFCW3000 covered, hourly employee in the 0.4 portion of the Accounts Auditing Technician position employee's weekly hours shall not exceed forty (40) hours per week. Per the UFCW3000 collective bargaining agreement, any hours beyond sixteen(16)hours per week for the Accounts Auditing Technician must be pre-approved by the Auditor. Per County policy, any hours beyond the twenty-four(24)hours per week for the Executive Assistant must be pre-approved by the County Administrator or Clerk of the Board. Section 7. Longevity Longevity shall be based on the accrual rate for the Executive Assistant position with a start date of November 20, 2023. Section 8. Seniority Seniority in the Accounts Auditing Technician position shall be based on the start date of May 1, 2026, in accordance with the CBA between Jefferson County and UFCW 3000. Section 9. Termination 1. In the event the Employer no longer wishes to avail itself of the Executive Assistant Employee, the employee would be released from employment in accordance with the Jefferson County Personnel Administration Manual. 2. UFCW CBA Section 2.7 shall apply to the Accounts Auditing Technician position. Section 10. No Reduction of Benefits 1. Employer shall not at any time during the term of this agreement reduce the wage, compensation or other financial benefits of Employee in the Executive Assistant position, except to the degree such a reduction is across-the-board for all Union-Exempt and FLSA-Exempt employees of the Employer. 2. Wage, compensation and other benefits of the Accounts Auditing Technician position shall be in accordance with the CBA between Jefferson County and UFCW 3000. Page 4 of 6 Wendy Housekeeper Employment Agreement Section 11. Notices 1. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service,certified mail, postage prepaid, addressed as follows: EMPLOYER: Jefferson County, Washington County Administrator PO Box 1220 Port Townsend, Washington 98368 EMPLOYEE: Wendy Housekeeper 514 Parkridge Drive Port Townsend, WA 98368 Either party shall notify the other in writing as to a change in address, and that address shall be substituted for purposes of mailed notice under this subsection. 2. Alternatively, notices required pursuant to this agreement may be personally served in the same manner as provided by law. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 11. General Provisions 1. The text herein shall constitute the entire agreement between the parties. 2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 3. Upon ratification, this agreement shall become effective on May 1, 2026. 4. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5. Jefferson County, as a political subdivision and local government of the State of Washington, is subject to the Public Records Act, codified at Chapter 42.56 RCW, and as such this Agreement(and any attachments) is a"Public Record" subject to that state law. Section 12. Expiration This agreement shall renew automatically on May 1 of every year beginning on May 1, 2027, unless either the Employer or Employee terminate the Agreement in a manner consistent with Section 9. Page 5 of 6 Wendy Housekeeper Employment Agreement of this Agreement. If termination of this Agreement is undertaken by either party to this Agreement in a manner consistent with Section 9. of this Agreement and if the terms of Section 9. and this Section are in conflict, then the terms of Section 9. shall control. The Board of County Commissioners has caused this Agreement to be signed and executed,and the Employee has signed and executed this Agreement,effective the day and year first written above. EXECUTED this day of 2026. EMPLOYER: UNION: BOARD OF COMMISSIONERS Greg Brotherton, Chair UFCW 3000 AUDITOR: EMPLOYEE: COUNTY ADMINISTRATOR: Josh D. Peters ATTEST:APPRO D AS FORM ONLY: C. May 14,2026 Philip C. Hunsucker,Chief Deputy Prosecuting Attorney Carolyn Gallaway, Clerk of the Board Page 6 of 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of Commissioners Josh Peters, County Administrator FROM: Chelsea Pronovost, Administrative Services Manager, DCD Jeremy Williammee, Director, DCD DATE: May 18, 2026 RE: Large Project Agreement to Establish Repetitive Build Program STATEMENT OF ISSUE: The Department of Community Development(DCD)seeks Board approval of an agreement between Jefferson County and Habitat for Humanity of East Jefferson County (Habitat)to support review and processing of building permit applications for the Mason Street Neighborhood development and to develop a repetitive build program for qualifying affordable housing projects(Consent Agenda Request Attachment 1). Habitat has requested early plan review and creation of a repetitive build program to streamline construction and support predictable fee planning for Mason Street. The agreement establishes roles, responsibilities,and cost-recovery mechanisms between the parties. ANALYSIS: Habitat for Humanity is developing the Mason Street Neighborhood, a large mixed-income housing project containing 136 homes and two adult family homes, to serve households between 40%and 150%of Area Median Income. To facilitate construction planning,Habitat has asked DCD to begin reviewing six base plan sets in advance of final plat approval and prior to permit application. Habitat and DCD have also agreed to develop a repetitive build program, allowing approved base plans to be reused multiple times during the Mason Street buildout. The DCD Director, acting as the lead director under JCC 3.80.060, has designated MSN as a"large project," allowing alternative permit processing structures and supporting development of the envisioned repetitive build program. Because developing a repetitive build program requires technical analysis, software configuration,and policy development beyond current staffing resources, DCD will task BHC Consultants, through the County's existing on-call Building Services contract(Consent Agenda Request Attachment 2),to assist with plan review and program development. The agreement provides that Habitat will fund this work through a$12,500 retainer and ongoing reimbursement for BHC's time and materials. Retainer management,cost notifications, and limits on work without authorization are included to ensure transparency and fiscal control. This agreement does not authorize issuance of building permits before final plat approval; it only authorizes plan review and development of the repetitive build program. No General Fund support is required,and Habitat's reimbursement obligations terminate once the repetitive build program is presented or if Habitat withdraws the request. In addition to benefiting the Mason Street Neighborhood development directly, the resulting repetitive build program will be a new tool that can be made available to other affordable housing developers in the County. FISCAL IMPACT: There is no General Fund impact. All costs associated with BHC's plan review and development of the repetitive build program will be funded by Habitat through a$12,500 retainer and reimbursement of actual billed expenses. DCD will invoice Habitat monthly and will not incur costs beyond the retainer without written authorization. Any unspent retainer funds will be refunded. This agreement does not change any existing contract not-to-exceed amounts with BHC. RECOMMENDATION: DCD recommends that the Board approve the Agreement between Jefferson County and Habitat for Humanity of East Jefferson County to support early plan review for the Mason Street Neighborhood project and to establish a repetitive build program for qualifying affordable housing projects. REVIEWED BY: At.:_ it ! 5 /( I,? Jo.41 D. Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Habitat for Humanity of East Jefferson County Contract No: DCD-HEJC LPA 2026 Contract For: Large Project Agreement Term: N/A COUNTY DEPARTMENT: Department of Community Development Contact Person:Chelsea Pronovost Contact Phone: 360-379-4494 Contact email: CPronovostt co.jefferson.wa.us AMOUNT: $12,500 PROCESS: — Exempt from Bid Process Revenue: $12,50o Cooperative Purchase Expenditure: $12.500 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj I Other:Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:fl t./'`'5/8/2026 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: N/A: D 5/8/2026 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/14/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/14/2026. For this agreement, there was a collabertive drafting process between DCD and the PAO. 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 CONSENT AGENDA REQUEST ATTACHMENT 1 Proposed Large Project Agreement LARGE PROJECT AGREEMENT BETWEEN JEFFERSON COUNTY AND HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY This agreement("Agreement")is entered into this day of 2026,between Jefferson County ("County") and Habitat for Humanity of East Jefferson County, a Washington nonprofit corporation(UBI Number: 601 850 143, "HEJC"). 1. Introduction The parties enter into this Agreement to support the review and processing of building permit applications associated with the Mason Street Neighborhood housing development ("MSN") and to facilitate the establishment of a repetitive build program for qualifying affordable housing projects in Jefferson County, as requested by HEJC. 2. Recitals 2.1 The County supports middle housing development that prioritizes affordability. 2.2 HEJC has received preliminary plat approval for MSN, a unit lot subdivision intended to establish a mixed-income community. The approved preliminary plat for MSN includes 24 duplexes and 22 fourplexes,totaling 136 homes,along with two 6-bedroom adult family homes. The preliminary plat (to be finalized in 3 phases) requires installation of utilities, roadways, shared parking areas and open space improvements. 2.3 MSN will serve Jefferson County residents earning between 40% and 150% of Area Median Income and is the first project to feature HEJC's Extended Program, providing affordable homeownership opportunities up to 150% of Area Median Income. 2.4 To streamline construction planning, HEJC has requested the Jefferson County Department of Community Development ("DCD") begin reviewing building permit applications prior to final plat approval and prior to application for any building permit. 2.5 MSN's current scope includes six plan sets: one group home, two duplex types, and three fourplex types. HEJC intends to use only these plan sets for the full build out of MSN. 2.6 Despite that HEJC has not applied for any building permit,would like to be able to plan for funding for its buildout of MSN. Accordingly, HEJC has requested that the County consider establishing a repetitive build program, allowing base residential plan sets to be reviewed once per building code cycle and reused multiple times. This process is intended to reduce review time and allow for reasonable permit fee reductions. 2. 7 Building permit fees are authorized under title 15 of the Jefferson County Code("JCC") and chapter 3.80 JCC. 2.8 Large projects are not subject to the provisions of JCC 15.05.025, which governs how residential building permit fees are determined. Page 1 of 4 2.9 The DCD director, acting as the lead director under JCC 3.80.060, has designated MSN as a large project, for,among other reasons,to allow for use of repetitive build program for MSN. 2.10 The large project designation is based on the complexity of MSN's permitting structure, which ties an occupancy permit to each dwelling unit rather than the associated structures,the need for close coordination of multiple partners,the potential use of third- party reviewers,and the potential need to establish a repetitive build program to support affordable housing development. 2.11 HEJC acknowledges that the County has initiated development of a repetitive build program at its request. Establishing such a program typically requires fee analysis,code review and revisions, development of policy options for reduced or at-cost fees, preparation of supporting materials and legislative action, and configuration of permitting software workflows to support implementation. 2.12 Completing the research and public adoption process for repetitive build program will require technical services and resources not currently available within County staffing. 2.13 HEJC has expressed its desire to support DCD in adopting a formal repetitive build program, which may pave the way for county-wide use. HEJC will benefit from any reduced fee structure in a repetitive build program applied to the MSN permit applications. Accordingly, HEJC has agreed to provide funding for the development of a formal repetitive build program for the County that HEJC could use for MSN. 3. Obligations of the Parties 3.1 DCD shall accept the sample building plan sets from HEJC and begin review. No building permits will be issued prior to final plat approval, unless otherwise and separately agreed to by DCD.At no time will occupancy permits be issued prior to final plat approval. 3.2 DCD shall task BHC Consultants (UBI Number: 602 774 584, "BHC") under BHC's August 21, 2023 contract, as amended April 30, 2026, with the County on a time and materials basis to perform the work necessary to review the sample building plans from HEJC and develop a repetitive building process for MSN permit applications. The April 30, 2026 BHC Consultants supplemental agreement is attached as Appendix A. 3.3 Based on the work performed by BHC Consultants, DCD shall present to HEJC with proposed a repetitive build program, allowing base residential building plan sets to be reviewed once per building code cycle and reused multiple times. 3.4 HEJC agrees to make retainer payment of $12,500 to the County to support development of the repetitive program. 3.5 HEJC shall schedule individual intake appointments for each of the sample plan set referenced in section 2.5. Each permit application shall be charged at the current adopted fees in effect at the time of intake, per the 2026 DCD Fee Schedules. DCD Page 2 of 4 may also collect fees on behalf of other County departments necessary to establish the repetitive build program. Fees are due at application submittal. 3.6 The county shall provide invoices to HEJC monthly for BHC's services,provided on a time and materials basis. The county may draw upon the retainer to reimburse itself for these services. BHC shall provide a good-faith estimate of anticipated time and materials costs necessary to complete review and development of the repetitive build program. 3.7 The County shall notify HEJC in writing when the retainer balance falls below $2,000 and provide an updated estimate of remaining anticipated costs. HEJC may replenish the retainer, authorize the continued work on a time-and-materials basis, or direct the County to pause work. The County shall not incur additional billable work or expend funds beyond the retainer amount without mutual agreement. 3.8 Any retainer funds not expended by the County shall be refunded to HEJC presentation The County reserves the right to terminate this Agreement at any time by giving ten 10)days written notice to HEJC. 3.9 HEJC's obligation to reimburse the County shall terminate upon the earlier date of: (1) HEJC providing written notice requesting the County to cease further consideration of MSN building permit applications; or (2) the County's presentation to HEJC of a formal repetitive build program that the County agrees to use for MSN. 3.10 This Agreement shall be binding upon all successors and assigns of HEJC. 3.11 The parties agree that separate counterparts of this Agreement may be executed, each of which shall be deemed an original, and all of which together shall constitute one Agreement. 3.12 Facsimile and electronic signatures shall have the same force and effect as original signatures. 4. 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 under 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. SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of 4 DATED this day of 2026. JEFFERSON COUNTY WASHINGTON HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Chair Signature By: Name: Heidi Eisenhour, Member Title: By: Date: Heather Dudley-Nollette, Member SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: jlas.-...---C LJMay 14,2026 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 4 of 4 CONSENT AGENDA REQUEST ATTACHMENT 2 Existing On-Call Building Services Contract - BHC rg. u/aeon and Address supplemental 1efrcenicnt Number 1 till( t onsultants 1.1 ( 450 Pacifica Axe Sit 405 i acoma. H A 98402 Agreement \umhei 2U23iX'D-BMC Phone tf,u r_imsa; Projei t I the Professional Serb icr% Agreement for On-('all original ( ontract t urrent l ''ntrao i .t imated t ontr act Res ie . Inspection & Building()Mcial 'Senices \,,t to I deed Balance Supplement S!'t nlgi S94.46" N A I kscrmpt ion Supplement \o.3 to the Professional Scn tie, Agreement for on-call re%iew. Inspection.and tiuildiniz 1)fti. sers ices primarily updates Hilt ',re%iew tirnefrantes it xhihit A. Section 21110.1ump sum tees t I \hihit \A. Sitihon t t. and adds their hourI labor rate schedule of %hihit fi) Re-re%ie%% timelines for single-Tamils homes are reduced to - working days. and initial commercial plan re%tea,are set at 15 31)..orkmg da%s i he supplement also increases Hilt 's lump sum plan re%to% rates. representing an o%erall increase of approximatel% t°° I0i"°. depending on the protect. and raises the partial plan re%tea rate from 50°n to '540 of the collected plan res lea Ice I he I Old' \ .n.. of letterson I. ',hunt% desires to supplement the agreement entered into ss nh RI It onsultants I l t . executed on August 21,,21) ,i and identified as Agreement No 202,3 IX I)-Bll( Pri fe%st„ae,/ OHUrtk i jor (hi.all Plaan rct it"it WO lfl%W1e.'.ill Pt? %erl I(e'% AI{ pro%'soon, in the basic Professional Sas ices Contract. dated August 21. 2023.and supplemental, 1 and 2 remain in effect except as expressly modified h% this supplement I he changes to the agreement ac described a, tallow s Exhibit A.Section 2. Process,Subsection II is hereh% changed to read as fulloa s HI (- %%ill conduct the initial res tea. request re%isions or additional information. and sill either indicate compliance or non-compliance a ith the ctde(si against which if was checked and notch the C ount% lithe plans are still not as required. the ( ount%. or Hilt at the direction of the t. ount%. ails contact the applicant arch additional re%isam requests within the tome frames specified heloss unless negotiated other%i,e Project I.pe•Initial Resit.%%Re-Res leis Smile-Family lU s%orking da%,aorkint day, Multi-I wools 2U%corking da%, 10 %%irking da%s t omnicrciat 1; t(ssorkingda%s I5 working days imclmes ar. .ihicct to.hance related to applicable. ( mint% rule. r._!utehons and Rt H, is amended and .i,rnutuatl. airreed upon - Section 3. Plan Res iea Fees. os herehs chanEted to read a, toil,'.%, Lump Sum Fired Fee Percentage of Plan Rerie» Fee Collected ht.the umniert,ld and tlu/ti-1 insult Pruletas County A Yluruun • 2.0W.(NN) Valuation S2.(NN).(NNl In S5,000.000 P.te. ,i Partial Plan Re%ie%% 7(w° 60° structural only or non-structural onlh 1 Valuation SS.000.001 to Valuation SI0.000.001 and up S I0.000.000 Full Plan Re%te.. 6 °i 55°0 Partial Plan Rc%io% oM town structural only or non-structural onl. ew SinYle-Fnmilp P oiects I ull Plan Re%ica 0° of Plan Re%tcu fee Partial Plan Re.icy. ot Plan Rc.+c.• I cc structural only or non-structural ono Fthibit K. Labor Kate Schedule, changes the pre%aws labor rate schedule to the folio%tng t lasstticauon Flours Kate ettiken laspectar.C S1410 Witting (?tlicsal Insertion,(Director 1,st,tant Atanager( S220 Plans Examine— S190 I ire( ode and Sprinkler(I PI ) Re%te.). S I RII Structural Plan Resiea (Qk , S270 lent. r Structural Pun Re%tiN (Senior I ntttnccrt S261) Structural Plan Re.its (Staff Fngineeri 190 I !tctrical Plan Kt.tc.% It\ tl, S''t) t lectrical Plan Re%iev. f Senior 1.nitineer) 255 I !c,trscal Plan Re.tct (~taut I nirncert SI44) I iectrtcal Plan, I %amuler(not t:nginetri S170 t !t.tr Sin Cit&Site Plan Revie%MA/QC) u70 t n tl Sttc Plan Kc.t«. tStn ,n I ns meet: S_shll Civil/Site Plan Review(Staff En0ineer) S 190 t n t' '. I ,,Is t,, ,Pr„tc,suum.s, I 111 tuc ; Sg0 it Site Inspector 170 tutttt,tration l„(stance S'JII Labor rates will be adjusted arrually Cr .aruari II Signatures indicate agreement to the changes as stated in this Supplement 1+3 to the Professional Services Contract for On Call Plan review and Inspection Services. DATED this 17 day of r ( 2 4 2 6Z C, JEFFERSON COUNTY WASHINGTON BHC Consultants LIC. Board of County Commissioners Jefferson County Washington Ogply synof W lows R Goss.PE O =• c mmL/I+S_ l`_ ""MCn^r4dCanwlWMa.LLC' 111-c'wwps,u C14,lrrws R Gros., BBy:Dale 221e043014 xJlo nv Oleg Brotherton, Chair f/ President yb r Title: Heidi Eisenhour, Commissioner Nk o' 4/30/2026By.Date Heathe ; dley-Nollette, Commissioner SEAL: rA <C4, 0 ' ss/C:` s C S. G ATTEST: Ca4'IASIkw',,,,, 2i)etc Q LA- 1 `/ 2 7/2-v Car y Gallaway, CMC r Date Cler o the Board Approved as to form only 4-16-2026 1 miah Luther Date Deputy Prosecuting Attorney Page 1of3 EXHIBIT A SCOPE OF SERVICES Jefferson County Building Code Compliance On-Call Full Services 1. Plan Review Jefferson County(County)will determine which plans and building permit applications will be reviewed by BHC Consultants LLC(BHC) BHC will review such plans submitted with building permit applications for structural and non-structural code compliance in accordance with the currently adopted construction codes and as amended by the State of Washington and the County except that BHC will confer with the County Building Official and:or their agent on any portion of the review that specifically requires the approval of the Building Official as specified n the code(s) The services to be performed by BHC shall be specified in a Letter of Authonzation issued by the County for each set of vans and permit applicatior B BHC will not design for applicants make any structural changes on the plans or make any changes that directly contradict other information on the plans C Reviews shall be conducted by BHC and under direction of BHC staff and subconsultants D If corrections revisions or additions are required BHC will write a comment letter addressed to the applicant The County or BHC at the direction pf the County will provide the comment letter along with any additional County requirements to the applicant The comment letter will indicate to the applicant that they are required to submit the corrections revisions or additions once addressed to BHC per the submittal requirements and'or guideline checklists for the permit type under review E When the plans and applications are consistent with the County codes and standards BHC wilt indicate that the plans and applicators have beer reviewed and found to be m substantial compliance with applicable .onstrJctior codes and ordinances The reviewer s name and date of compliance will be affixed to each sheet of the required electronic submittal documents In the event electronic submittal documents are not avaiiabie up to two i2) sets of drawings as provded by the applicant) ncluding the cover sheet will be stamped in the same manner and provided back to the County c'uIl plan reviews will include structural non-structural accessibility energy and ventilatior requirements as applicable Partial plan reviews will be indicated herein as either structural or non StruCturai o-as mutual y agreed upon initial reviews shall be within the timelines dent,fied it Section 2 below 2. Process A The County reserves'ne right'^ 1etr,r^^ru r^R process and —ethod of work by BHC At its sole dscret'Cr the County veil deter'"" ' .. •iez 'o contract with BHC on a time and materials basis T.a percentage basis and as ^•utuaihr 3greed upon by the County and BBC Labor rates for time and materials bass are s^Cwr n E,h;bit B d t,; B Work will not be initiated until a signed contract task order or work order has been received by BHC C The County will notify BHC in writing which plans and applications are to be reviewed by BHC D The County will intake track and process the permit applications and ail revisions per current building and permit administration procedures through r-house platforms BHC will conduct its services or electronic plans and applications unless otherwise specified by the County E Electronic application submittal review and approval will be coordinated by the County through the County platform BHC will identify its staff who will have user access to and participate In the County platform All submittal materials from applicants shall be PDF or other compatible file type to perform electronic review F. For transmission of application materials received through the County s in-house platform electronic files between the County and BHC will be via a file transfer method such as a SnarePoint file link G''P link cloud-based file link or similar BHC utilizes a SharePoint system and can provide the means of file transfer The County application materials will generally be available within the County s in-house platform and will not require file transfer from BHC back to the County BHC will perform reviews and coordination using Bluebeam Revu PDFs and Microsoft Word documents Email file transmission may be used at the discretion of BHC and County staff For transportation of non-electronic documents i;paper copies; the County will be responsible fo• the transportation and costs associated with providing BHC the documents and the return of the permit review documents back to the County H BHC, will conduct the initial review request revisions or additional information and will either indicate compliance or non-compliance with the codes against which it was checked and notify the County 'f the plans are still not as required the County or BHC at the direction of the County will contact the applicant with additional -evisior requests within the hrr a frames specified below unless negotiated otherwise Project Type' Initial Review Re-Review Wi 10 working days 1 working days MUIt 'amtiy 15 • 2C working days 10 working days Coma 15.30 working days 15 working days Wires are si b}w't'0-.11.rge'ela$ed'C ac lCabie .,:‘U^rY^.; s 'eq!.tatons afC^- :.5 as arnerdeEl and as tuatiy agreed ,por The review timelines set forth above may be revised for any given protect upon written consent of both the County and B- 3 Plan Review Fees The following fee determination criteria is intended to include the review of plans sent to BHC for review and approval The reviews will typically be for new construction substantial remodel, and alterations of both residential and commercial structures Incidental over-the-counter plan review performed by BHC staff while on-site at the County will be included as part of the daily tasks performed at the hourly rate identified in the Labor Rate Schedule LUMP SUM: The County shall pay BHC a lump-sum fee for performing an ;ndral review and one(1) recheck for each protect The fee she be based on a percentage of the plan review fee as tabulated below or as mutually agreed upon between the County and BHC The plan review fee shall be based on the fees charged by County resolution At the request of the County and in concurrence by BHC plan review fees may be determined to be charged at the hourly rates as identified in the Labor Rate Schedule as opposed to the fol,cwmg 'fixed fee' rates Lump Sum Fixed Fee Percentage of Plan Review Fee Collected by the CountyCommercialandMulti-Family Projects Valuation 52.000 000 Valuation < S2 000 000 To S5 000 000 Fur Plan Review Partial Plar Review structural only or non-structural only) Valuation S5.000.001 to Valuation S10.000 001 S10 000 000 and up Full Plan Review partial Plan Review 50c structural only or non-structural only New Single-Family Prolate 30°b of Plan Review Fee Par'd =ia - a:ew 5'io of Plan Review Fee structural only or non-structural only) A Nor-Residential Commercial and Mutt-Family Protects; Full P'ar Review ncludes structural non-structural Fire and Life Safety Mechancal{!MCI Plumbing(UPCI Bamer Free ADA accessibility State Energy Code and app'tcable items it the County s Municipal Code when ssued as a part of a combination building permit Partial Plan Review lilt consist of one I of the following ntemationai Building Code IBC)non-structural F:re and Life Safety including Mechanical P'umbmg Barrier Free ADA 3ccessib+l1ty and State Energy Code when issued as a oar!14 a combination bu+ldirg per'n.t BC Structura Dri Mecnanica,Ptumbtrg slued as a separate permit or defered submittal fi I' be charged ^o',•ty 3''he Plar Review'are as :dentitied .^ the Labor Rate Schedule ti,.,r n. 3r v Electncal Plan Review W II be charged hourly at the Electrical Plan Review rate as identified in the Labor Rate Schedule v Small Works Protects W II be charged hourly at the Plan Review rate as identified in the Labor Rate Schedule e signage pole sign billboard cell tower retaining wall dock garbage enclosure envelope change bridge small interior remodel TI mezzanine add or alteration fire damage misc repairs re-roof etc BHC welt coordinate at the time of intake of the protect if the project falls within this category w Civil/Site Plan Review WA be charged hourly at the Civil Sde Plan Review rate as identified in the Labor Rate Schedule When substantial revisions occur to previously reviewed and'or approved plans additional fees shall be charged at the hourly rates shown in Labor Rate Schedule vie Fire Code. Fire Sprinkler, Fire Alarm Will be charged hourly at the Fire Code and Sprinkler:PPE) Review rate as identified in the Labor Rate Schedule B Residential (New Single-Family Protects) Full Plan Review includes structural non-structural Fire and Life Safety Mechanical Plumbing State Energy Code and applicable items in the County s Municipal Code when issued as a part of a combination building permit Partial Plan Review Win consist of one(i i of the following htemational Residential Code:IRC; non-structural Fire and Life Safety Including Mecnartal:Plumbing and State Energy code when issued as a part of a combination building permit OR- iRC IBC Structural ONLY it Small Works Projects WI' be charged hourly at the plan Review rate as identified in the Labor Rate Schedule e remodel addition deck porch small garage accessory buildings;non-ADU) car port retaining walls dock envelope change kttcner or bath remodel garage conversion fire damage misc repairs re-foot etc i BHC will coordinate at the time of intake of the project if the project fails within this category C Exhibit 9 Labor Rate Schedue°Hill be ut+sized for 3.1 hcuhy fees unless negotiated otherwise between BHC and the .;curry urn() S,r^c tied fee plan review includes the,nit ai piar rev€w plus one i i recheck When Sibstanr ai 'ev'sions occur to previously -ev ewed and Cr approved plans addit;onal fees shall be arged at the hcur'+r rates dertfed Fn the Labor Rate Schedule yNr rs r ^rr n all r`LiI prVirs:S tr arY ` r 4 nI' on3Jitant -^,fr, E All reviews beyond the initial plan review fee and recheck as identified above due to non-responded items or otherwise shall have additional fees charged at the hourly rates identified it the Labor Rate Schedule Expedited plan review services are available upon request Fee is negotiated based on timeline requested at a rate of 150%to 200%of the hourly rates identified in the Labor Rate Schedule or as negotiated otherwise Once the fee is negotiated the County shall inform the applicant of the fee ahead of the notice to proceed Billing for authorized expedited services will be identified in the statement further described below 3 A point BHC clan review and County split review option may be negotiated prior to the start of the plan review 4. Building Inspection Services BHC wit prov de a certified bu,lding inspector certified building official or certified electrical inspector for electrical inspections only,to perform the following services on an as-needed on-call basis for Residential and Commercial buildings A Upon authorization by the County t"e inspector hill perform building inspection servsces for the County B At the request of the County the inspector shall be asked to Perform one it)or more of the following inspection tasks Non-structural fie and hie safety inspections 2 Structural inspections 3 Energy code ^spections 4 Barrier Free ADA inspections 5 Mechanical and Plumbing_inspections 6 Electrical inspections -fappi;cable, Additional service may be provided when requested t o re protection sonnicer and alarm review 2 Site vii and drainage review B inspector will provide building rspections in accordance with the currently adopted international Codes Washington State Building Code('Washington Administrative Code NVAC) 51-50 and 51-51' and Energy Code(WAC 5'-11' and the applicable County Building Codes except that inspector willconfer*I'the County Building Official or men agent on any portion of the review that specifically recuires an approval of the Bu iding Official Jnder the applicable codes, or that nvowes an unusual intercretator C Inspections will be carved out n accordance with codes ordinances and regulations ir effect anc will be performed n a courteous and professional manner Jp-to-date records of inspection status will be maintained sr the nlanrer required for the specific protect and on the County office copy o' the Per-:t rspect:ons can be negotiated to be n-per>.' ^uat remote inspection or as rec-es1ed a~e-NEse by•he r7c,u-tv Note Plan review approvals are not inspections D Exhibit B Labor Rate Schedule roll be utilized for all hourly fees unless negotiated otherwise between BHC and the County The County shall guarantee a minimum of four(4)hours of inspection work each day inspection services are provided Inspection time is calculated from portal to portal as further explained below 5. Additional Services Required A BHC will act as the County s Building Official on an as-needed basis for services including code interpretation and administrative needs such as ordinance review at the hourty rates identified r the Labor Rate Schedule B Pre-permit plan review meetings to review code requirements and County permit coordination will be charged at the hourly rates identified in the Labor Rate Schedule C Review of supplemental plans or deferred submittals(information not provided at time of initial review but required for plan approva e truss specification plans fire protectiontalarm details etc I will be charged at the hourty rates identified +r the Labor Rate Schedule C Revisions to plans that require additional plan review will be charged at the hourly rates identified in the Labor Rate Schedule E Adderdums to approved plans that require additional plan review will becharged at the hours rates identified r the Labor Rate Schedule Attendance of meetings n person or remotely when requested by the County will be charged at the nourty rates dentified in the Labor Rate Schedule IS Separate Fire Code Fire Sprinkler Fire Alarm and when rot part of the full plan review mechanical and plumbing reviews when requested by the County will be charged at the hourly rates identified in the Labor Rate Schedule 6 Additional Terms A,,other review services and plan reviews in excess of two 2, tthe mitia •ewew plus one+t, re-check shall be paid or a time-and-materials basis using the appiicabie hourly rate identified in the Labor Rare Schedule n-House pear revew and other services will be provided as desired by the County and agreed upon by BHC or a time ard-materials basis using ar houry rate idert!hed in the Labor Rate Scned;,ie Valuation figures used to determine the plan review fees will be calculated based on the County s ee Resolution or most current;CC publicat or and 199' UBC standards of practice The plan review fee will be determined by the County and the proposed plan review tee amount she be submitted c 9H with each plan -ev+ew submitted for'ewe*and aperova' C Billing statements wrU be ssued for reviews that receive a full nittal review r the preceding month Dr other acceptable time pent Ali initial 'every shall constitute an earned fee for both the County and Bk: Each stater'ent wilt nclude the permit application number and applicant name Dr ermit name of the clans reviewed with the fee ne Countyy shad have the right•c withhold payment to BHC for any work not completer' n a at stactcry mare-.intt+ such•ime that BHC modifies such work tc the satisfaction of the County F The County may elect to review the contract with BHC on an annual basis which may include but not limited to negotiation of services renewal of services contract cancelation or contract renewal The Labor Rate Schedule will be adjusted annually G Hours charged will be portal to portal from inspector s examiners or building official's residence or the Tacoma;Seattle or Bellingham)office whichever,s less to the site H All mileage included by BHC will be reimbursed at the most current !RS rate at the time of service I BHC staffs normal workdays are Monday through Friday(8am-5pm PST) Office work on Saturdays Sundays or County Holidays will be performed only at specific request of the County Billing for work performed outside normal work hours or on Saturdays Sundays or County Holidays shalt be at '50%of the rates shown above Thts Labor Rate Schedule Is effective as of January ' 2026 BHC will adjust rates annually at the start of each new year EXHIBIT B LABOR RATE SCHEDULE Classification Ming Inspector.Combination S,D,^ Building Official insaec' Director Ass start Managers S22i, Plana Examiner—non-structural 190 re Code and Spnnkier -JE, Review 3'80 amcioral Pin Review(t ,)270 Senior Structural Plan Review(Senior Engineer) 260 Spiel Plan£la St90 Eiectnca+ Plan Review OA,OC 270 Electrical Plan Review(Senior Engineer) 255 al Plan Reveer, Staff Engineer 190 Electrical Plans Examiner(not Engineer) S170 S160 Crvitt`Site Plan Review(OA!QC) 270 Pan Revier. :,enior Engmeen S260 Cnni.Site Par Review(Staff Engineer) 190 sector 1 Profess,onai Engineer: S180 Civit/Site inspector S170 Administratior Assistance S140 Labor'ates&II be adjusted annually Or .anuary 1' d ' a'i Seri'.Pc upplemental 4greement Number 2 ttt s. s I I Am, Stt .0%J, X I) fit It Ptu 4•,4 VMS'( urrn t fttra,a I ..comaict' PrndesatornAl Sem Kr. %Itrerffirnt for On t kotrd 1441An,c supricrylcot S,"t S 04, Re%414 loved bon & Re!klieg )ffaC is I St XVI St4' Nuiplemcnt No f ,1041,4. 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St" 401 rk 4 1'4*nteat I, S 4,1„ti jry, iruj,..,Mt 4*.t ,,,..:v't' I.• 4P-,t` ,hAtIltit-, 4, .1.ii 0 i .''.• , s.4 trilk4C“,4`.A, 1 14' t'It' PT''"t°,%**44.14 'St.'',".,• i-or,k,. • .f t 4, ' .4'1 P!,413 ft:.il'A" tn.! 1•14vrt t : t` tj, Rift i, ;;I•pkui!,1;;IN ( 1 k i ;' \I If I\413 I ti , 4 1\1\11NI4/NI R Obeift044.1...-------4011411j tirder c'• ‘ 111V“,t Asirroit,trevire k I k lc 4r 1.,13,11c 04 i i f.,„. -- P.I 17 a 1 %ilk I. li A.tellthuCt titelit11:84ter 01,• ik i''', 1 h.K-' ' ;.11.,' ' .- ORIGINAL PROFESSIONAL SERVICES AGREEMENT FORON CALL REVIEW AND INSPECTION SERVICES THIS PROFESIONAL SERVICES AGREEMENT FOR ON CALL REVIEW and INSPECTION SERVICES ("this Agreement")is entered into between the County of Jefferson, a municipal corporation("the County").and BHC Consultants. LLC (UBI Number 602 774 584, 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:On Call Review and Inspection Services. 2. Scope of Services. The Contractor agrees to perform On Call Review and Inspection Services including. but not limited to plan review inspection all labor identified on Exhibit 3. Time for Performance. This Agreement shall commence on I August 2023 and continue through 31 July 2028. 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 above in Section 2. 4. Payment, The Contractor shall he 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 "13" attached hereto, provided that the total amount of payment to the Contractor shall not exceed S30.000 without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the 15th of the month for the previous month's expenses Such invoices shall be checked by the County,and upon approval thereof, payment shall 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 shall 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 be paid all reasonable and necessary work. Consultant shall bill time in quarter hour increments and provide a reasonable description of the work performed. Quarter hour increments shall be the minimum billing increment for invoices. Consultant shall provide invoices and necessary backup documentation for all services including timesheets and statements (specifying the services provided. Page I of 22 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 the Contractor's endeavors. The Contractor shall not he 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. 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.V the Contractor recognizes that this waiver was specifically entered into pursuant to provision, of R C.V4. 424.115 and was subject of mutual negotiation. 8. 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 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 S500,000 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; Ib Hired automobiles:and,(3)Non-owned automobiles. Page 2 of 22 h. Commercial General liability Insurance in an amount not less than a single limit of one million dollars(S 1,000,000)per occurrence and an aggregate of not less than two (2)times the occurrence amount (S2.000,000.00 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 S1.000.000 Each Claim and S2,000,000 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(31 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 he evidenced by one of the following methods la) 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) fhe project name to which it applies. (el The certificate holder as Jefferson County. Washington and its elected officials. officers. and employees with the address of Jefferson County Community Development Department62 I Sheridan Street. Port Townsend, ' A 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 Page 3 of 22 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 (I S)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. 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 deductibks 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. I 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 RC W. shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Xgreement Page 4 of 22 o. Thc 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. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor arc they limitations on indemnification. 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('ounty Risk Manager by registered mail, return receipt requested. v Ihe 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. 9 W orkcr's CompenaatiOn (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 R('W, Pages of 22 for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Manager, upon request. b. Worker's 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 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. 10. Independent Contractor Fhe 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 priv lieges 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 w ith respect to the Contractor, or any employee of the Contractor. 11. Subcontracting Romyircments. 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 Jefferson County Community Development Director or their designee must approve any proposed subcontractors in writing. Page b of 22 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. 12. 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. 13. Discrimination Prohibited, The Contractor. with regard to the work performed by it under this Agreement. shall 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. 14. 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. 15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided fur in this Agreement shall not constitute a waiver of any other provision. 16 Termination. a fhc County and reserves the right to terminate this Agreement at any time by giv ing 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 herehy 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 Bury is ing members of the Contractor and the County. if the County so chooses c I he Contractor understands and agrees that County may terminate this Agreement in whole or in part.with 10 days' notice, in the event that expected or actual funding from any funding source i, withdrawn, reduced, or limited in any way after the effective date of this Agreement In the event of termination under this clause. the Page 7 of 22 County shall be liable for only payment for services rendered prior to the effective date of termination. 17 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: BHC Consultants 950 Pacific Ave, STE 905 Tacoma. WA 98402 18. Integrated Agreement. This Agreement together with attachments or addenda represent: 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. 19. Modification of this Agreement, This Agreement may be amended only by written instrument signed by both County and Contractor 20. 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 he 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 ashington for Jefferson County. Page 8or22 2 1. Section Heading, The headings of the sections of this Agreement are for convenience of reference only and arc not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 22. Limits of Any Waive 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.ditTerent,or subsequent breach by either party. 23. 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. 24. Severabdity. 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. binding on Successors. Henry and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 26. 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. 27. No Thircl-parts 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. 28. 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 29. facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 30. Antis-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length. with the assistance and advice of competent, independent legal counsel, 11 Public Records Oct. 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, Page 9 of 22 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. 32.Confidential*. With respect to all information relating to County that is confidential and clearly so designated, as required by the Health Insurance Portability and Accountability Act (HIPAA) and any other applicable privacy laws, the Contractor agrees to keep such information confidential. The Contractor shall not disclose, transfer, or sell any such information to any party,except as provided by law or.in the case of personal information, with the prior written consent of the person to whom the personal information pertains. The Contractor shall maintain the confidentiality' of all personal information and other information gained by reason of this Agreement,and shall return or certify the destruction of such information if requested in writing by Jefferson County. SIGNATURES FOLLOW ON THE NEXT PAGE) Page l u„t 22 SIGNATURE PAGE JEFFE' •N COUNTY Bs k! • ' SSIONERS 3HC Consultants.LLC I. ' g/Z 1 f L 3 Name of the Contractor hereon.Chair Cameron Ochi Approved Telephonically Contractor Representative(Pleat pint, Kat ' an,Mem r r.........a.. Cameron Olrlat l+ raw e A Signature, ur, A!ember Executive Vice President Tide August 3.2023 NNNI Date Ft~RSO,y r a • Nt. t) SEAL 40 r 1'VA S 44‘14 •? Mti1NM ATTEST Ca yy• 'A•vtiCarolynG•lovvay.CMC DATE b/i'/L, Clerk of the Board Approved as,tp form oily Philip C Hunsucker DATE August 16. 2023 Chief Civil Deputy Prosecuting Attorney Page ltof22 EXHIBIT"A" Jefferson County On Call Building And Fire Marshal Services SCOPE OF SERVICES I. Man Review The County shall determine which plans and building permit applications shall be reviewed by Consultant. Consultant shall review such plans submitted with building permit applications for structural. non-structural and code compliance in accordance with JCC I5.05,0.30. which adopts the International and Uniform Codes adopted by the State of Washington. with exceptions. in Chapter 5 1-11 (Washington State Energy Code and Amendments). Chapter 51-50 WAC Ilnternational Building Codct, Chapter 51-51 (International Residential Code), Chapter 51-52 WAC (International Mechanical Code). Chapter 51-54 WAC (International Fire Code), and Chapter 51-5§ WAC (Uniform Plumbing Code and Plumbing Code Standards) (collectively Building Codes"),except that Consultant shall obtain approval from the Building Official on any portion of the review that specifically requires the approval of the Building Official as specified in the Building Codes. A the specified services to be performed by Consultant shall be specified in a Letter of Authorization issued by the Building Official for each set of plans and permit application. B Consultant shall not design for applicants. make any structural changes on the plans. or make any changes that directly contradict other information on the plans. l: Reviews shall be conducted by Consultant and under direction of the Building Official or their designee. D If corrections or additions arc required. Consultant shall write a comment letter addressed to the applicant. The County or.Consultant at the direction of the Building Official or their designee. shall provide the comment letter.along with any additional County requirements to the applicant. The comment letter shall indicate to the applicant that they are required to submit the revisions.%additions once addressed to Consultant per the submittal requirements or guideline checklists for the permit type under review. E. When the plans and applications are consistent with the Building Codes. Consultant shall indicate that the plans and applications have been reviewed and found to be in substantial compliance with the applicable Building Codes. The reviewer's name and date of compliance shall be affixed to each sheet of the required digital submittal documents In the event digital submittal documents are not asailable. up to two sets of drawings (as provided by the applicant) including the cover sheet shall he stamped in the same manner and provided back to the Building Official or their designee. Full reviews shall include structural, non-structural. accessibility. energy, and ventilation requirements as applicable. Partia' reviews shall he indicated herein as either structural or non-structural or as mutually agreed upon Initial rcvicws shall he within the timelines identified below. Page 12 of 22 2. Process A. The County reserves the right to determine the process and method of work by Consultant. At its sole option, the County shall determine if it wishes to contract with Consultant on a time and materials basis or a percentage basis and as agreed upon by the Building Official or their designee and Consultant. B The County shall notify Consultant in writing which plans and applications are to be reviewed by Consultant. C The County shall intake. track, and process the permit applications and all revisions per current building and permit administration procedures through in-house platforms which may include paper or electronic processing. Consultant shall conduct its services on both these platforms. D Electronic application submittal. review, and approval shall be coordinated by the County through the County platform. Consultant shall identify its staff who shall have user access to and participate in the County platform. All submittal materials from applicant shall be digital PDF or other compatible file type (e.g.. .jpg or .tiff). Consultant shall perform the reviews and coordination in the same manner using Bluebeam Revu PDFs and Word documents. E. For transmission of application materials received through the in-house platform.electronic files between the County and Consultant shall be via a file transfer method such as a Liquidfiles tile link,a SharePoint tile link.an VI P link.a cloud-based file link. The County application materials generally shall be available within the platform and shall not require file transfer. Email may be used on a project-by-project bases at the discretion of the Building Official or their designee. F For transportation of non-electronic documents. Consultant shall be responsible for the transportation and cost of returning permit review documents back to the County. The County shall be responsible for the transportation and cost of delivering permit review non- electronic documents to Consultant. G Consultant shall conduct the initial review. revisions or additional information and shall either indicate compliance with the Building Codes against which it was checked and notify the County of compliance, or if the drawings are still not as required. contact the applicant and the County with additional revision requests within the time frames specified below. unless negotiated otherwise. Project Type*Initial Review Re-Review 10 workingdays (1 - Single-Family 10 working days(2 weeks) weeks) L Multi-Famil 1 c -20 working days(3 - 4 weeks) 1 O working days(2 weeks) Page 11of22 Commercial i 20- 30 working days(4 - 5 weeks) 1 15 workin&days(3 weeks) these timelines are subject to changes to applicable County rules and regulations and RCW as amended. II the review timelines set forth above may he revised for any given project. upon written consent of both the Counts and Consultant. I Consultant shall not be held responsible for delays attributable to any force majeure events. For the purposes of this section,an event of force majeure shall mean any cause beyond the control of the either party including but not restricted to. acts of God, flood, drought, earthquake, storm, fire, lightning. epidemic. war, riot. civil disturbance or disobedience. labor dispute. labor or material shortage,sabotage.acts of public enemy,explosions,orders. regulations or restrictions imposed by governmental. military, or lawfully established civilian authorities, which. in any of the foregoing cases, by exercise of due diligence such party could not reasonably have been expected to avoid, and which. by the exercise of due diligence. it has been unable to overcome. Force majeure does not include (i)a failure of performance that is due to an affected party's own negligence or intentional wrongdoing: 1 ii 1 any removable or remediable causes(other than settlement of a strike or labor dispute) which an affected party fails to remove or remedy within a reasonable time:or(iii economic hardship of an atTected party 3. Building Inspection Services Consultant shall provide a certified building inspector, or state licensed Design Professional to perform the following services on an as-needed. on-call basis for Residential and Commercial buildings: A Upon authorization by the Building Official or their designee. the inspector shall perform building inspection services for the County. B. At the request of the Building Official or their designee. the inspector shall be asked to perform one or more of the following inspection tasks I. 'ion-structural fire and life safety inspections: 2. Structural inspections. 3. Energy code inspections: 4 Barrier free ADA inspections:or. 5 Mechanical & plumbing inspections. C Inspector shall provide building inspections in accordance with the Building Codes.except that inspector shall obtain approval from the Building Official or their designee on any Page 14 of 22 portion of the review that specifically requires an approval of the Building Official under the applicable codes),or that involves an unusual interpretation. D. Inspections shall be done in accordance with all codes,ordinances and regulations in effect and shall he performed in a courteous and professional manner. Up-to-date records of inspection status shall be maintained in the manner required for the specific project and on the office copy of the permit. Inspections can be negotiated to be in person or virtual remote inspection, or as requested otherwise by the County. No it Plan review approvals are not inspections The County shall guarantee a minimum of four(4) hours of inspection work each day inspection services are provided. Inspection time is calculated portal to portal further explained below. 4. Additional Services Required A. Pre-permit plan review meetings to review code requirements and County permit coordination shall be charged at the hourly rates identified in the Labor Rate Schedule. B. Resiew of supplemental plans or deferred subminals(information not provided at time of initial review but required for plan approval, i.e., truss specification/plans, mechanical. C plumbing,etc,l shall be charged at the hourly rates identified in the Labor Rate Schedule D. Revisions to plans that require additional plan review shall be charged at the hourly rates identified in the I Rate Schedule. F. Addendums to approved plans that require additional plan review shall be charged at the hourly rates identified in the Labor Rate Schedule. F. Attendance of meetings in person or remotely when requested by the County shall be charged at the hourly rates identified in the Labor Rate Schedule. G. All other review services and reviews in excess of two(the initial review plus one re-check) shall be paid on a time-and-expense basis using the applicable hourly rate identified in the Labor Rate Schedule. II. In-house plan review and other sere ices shall be provided as desired by the County and agreed upon by Consultant on a time-and-expense bask using an hourly rate identified in the Labor Rate Schedule. I, Valuation figures used to determine the plan review fees shall be calculated based on the County'; Fee Resolution or ordinance. fhe plan review fee shall he determined by the County and the proposed plan review fee amount shall be submitted to Consultant for each project for rev sea and approval. J Billing statements shall he issued for reviews that receive a full initial review in the preceding month or other acceptable time period A full initial review shall constitute 3n Page I 5 of 22 earned fee for both the County and Consultant. Each statement shall include the permit application number and owner or project name of the plans reviewed with the fee. K. The County shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time that Consultant modifies such work to the satisfaction of the County I Hourly rates shown arc portal to portal from inspector's residence or the Consultant'office. whichever is less for on-call services. M. All mileage included by Consultant shall be reimbursed at the most current IRS rate at the time of service,or as negotiated and mutually agreed upon by Consultant and the County for fixed mileage rate. Mileage shall not be assessed on travel using client supplied vehicle. N. Consultant staffs normal workdays are Monday through Friday(8am-5pm. PST).Office work on Saturdays.Sundays or County Holidays shall be performed only at specific request of the County. Billing for work performed outside normal work hours or on Saturdays. Sundays.or County Holidays shall be at 150%of the rates shown above 0. This Labor Rate Schedule is effective as of January I. 2023 and shall be effective for the duration of this Agreement or until amended and mutually agreed upon by Consultant and the County Page 16of22 EXHIBIT"B" PAYMENT All applicable Count} building permit tees are outlined in JCC 15.05.030tI adopts the International Building Code. with exceptions, in Chapter 51-50 H. AC. using the metric provided by the ICC Building Evaluation Table belovv. Peptise I ft«Amemot D.Gaeta 111411111111161011 Pal ALL COIIIITINK110114111WID 1111110AITS butlbrtg Permit lees shall be based upon valuation The valuation shag be determined by the bolding Official for most prates the square footage costs n the most current avoiding valuation Data Table oubbshed by the international Code Counca(fCCI may be employed for protects not covered by the tab*constnrctton estimation toots such as Construction Cost Data by A S Means co the gftt Comm/coon Costboaa may be referenced as a guide Admrrrstratrve fee Iodides a technoiogy fee eoual to 2%of the total budding permit cost le m(tees sha11 be ca+cuilted from valuation a,the tolbr+ug mavver Vi4rMIM Corresponding int*fee SO SSOO S3000 S501 S2 COO S30 00 for the fast$500 00 plus Sa 00 for earn additional S IO0 or fraction thereof,to and nctvdtng$2,000 52.001 $I5 000 S90 00 for the first S2.000 00 plus S 1 t SO for each additional 51.000 or fraction thereof to and including S25.000 525.001 $50,000 5492 SO for the first 525,000 00 plus S 12 SO for each additional 51.000 or fraction thereof,to and mctudog S50 000 550 001 SI00.000 Sgo5 00 for the test$50,000 00 plus 59 00 for each additional S1 000 or fraction thereof,to and nciudrrtg S100,000 5100 001 5500 000 S 1 25S 00 for the first S 100,000 00 Pus S T 2S for each a ditrona St000 co fraction thereof.to and"chiding S500,000 S S00 Dot 51.000.000 Se.1 SS 00 for the first SS00.000 00 plus S6 00 for each additional 51.000 or fraction thereof to and including S1,000,000 S 1.000,001 55,000.000 2.155 00 for the hrst S 1.000.000 00 plus 54 00 for each additional 51.00000 or fraction thereof to an+nc'udmg 55.000,000 5.000.001 and ei S21.155 00 for the r rst S5 000.000 00 plus S)00 for each additional$1.000 00 co fraction thereof t, LABOR RATE SCHEDULE Classification i Hourly Rate Principal Consultant Sr. Plans Examiner or B 0. SI60 Combination Building Inspector S92 Plans Examiner I -non-structural S 150 1 Structural P.E. SI95 Administration:Clerical Assistance S75 Travel Time 60%of Hourly Rate + Mileage I. Pisa Review Fee The following fee determination criteria is intended to include the review of plans cent to Consultant for review and approval. The reviews will typically be for new construction. substantial remodel, and alterations of both residential and commercial structures. Incidental o er-the-counter plan review performed by Consultant staff while on-site at the County will be included as part oftasks performed upon request at the hourly rate identified in the Labor Rate Schedule. LUMP SUM: The County shall pay Consultant a lump-sum fee for performing an initial review and one recheck for each project. The fee shall he based on a percentage of the plan review fee as tabulated below or as mutually agreed upon between the County and Consultant. The plan review fee shall be based on the fees charged by resolution for the County. At the request of the County and in concurrence by Consultant. plan review fees may be determined to be charged at the hourly rates as identified in the Labor Rate Schedule as opposed to the following"fixed fee" rates: Percentage of Plan Review Fee Valuation <S2,000,000 Valuation S2,000. 000 To S5,000.000 Complete Plan Review 7 5° 704/0 Partial Plan Review a SO% structural only or nonstructural only Valuation S5.000,001 for Valuation $10,000,001 SI0,000,000 and up Complete Plan Review fi0°e t 5O°° Partial Plan Review 40•0 lc°„ structural only or nonstructural only SiaL>it Faadly Prniects Pace 18 .)t 22 Complete Plan Review 75%of Plan Review Fee Partial Plan Review 50•io of Plan Review Fee structural only or nonstructural only) Residential: (Single Family Dwelling) A. Full Plan Review: Includes structural. non-structural Fire & Life Safety, mechanical, plumbing. State Energy. and applicable items in the County's Municipal Code. Non-Residential: B Full Plan Review: Includes structural, non-structural Fire & Life Safety, Barrier Free ADA accessibility andior State Energy Code. Mechanical'IMO and or Plumbing/I PCI C. Partial Plan Review: Will consist of one of the following: IBC non-structural Fire & Life Safety including mechanical/plumbing when issued as a part of a combination building permit. State Energy and Barrier Free ADA accessibility review:or. IBC' Structural ONLY. D Mechanical/Plumbing (issued as a Separate permit)_ When permit for such work is issued separately from a building combination permit and the permit fee is based on valuation of such work separate from the building permit. the fee will be assessed at the partial review percentage noted above If the permit fee is Page I of 22 based on a unit fee per the IMC or UPC, the fee will be charged at the hourly rate as identified in the Labor Rate Schedule. E. Attachment"B"Labor Rate Schedule will be utilized for all hourly fees unless negotiated otherwise between Consultant and the County. F. Fixed Fee plan review includes the initial plan review plus one (I 1 recheck. When substantial revisions occur to previously reviewed and/or approved plans.additional fees shall be charged at the hourly rates identified in the labor Rate Schedule. G. All"fixed fee"and/or"hourly"projects shall have a minimum fee of S250 to cover set up. tracking,coordination,and initial review. H. Expedited plan review services are available upon request. Fee is negotiated based on timeline requested at a rate of 150% to 200°%o of the hourly rates identified in the Labor Rate Schedule or as negotiated otherwise. Once the fee is negotiated the County is to inform the applicant of the fee ahead of the notice to proceed. Billing for authorized expedited services will be identified in the statement further described below. I. A joint Consultant plan review and County split review option may he negotiated prior to the start of the project. 2. Building Inipeetio. Services Consultant will provide a certified building inspector,certified building official or state licensed Architect to perform the following services on an as-needed. on-call basis for Residential and Commercial buildings- A. 1pon authorization by the County.the inspector will perform building inspection services for the County. li At the request of the County. the inspector shall be asked to perform one or more of the following inspection tasks: a. Non-structural fire and life safety inspections: h Structural inspections: e Energy code inspections: d Barrier free ADA inspection., or, c Mechanical & plumbing inspections C Inspector will provide building inspections in accordance with the currently adopted International Codes. V.ashington State Building Code I VAC St-50 and 51-51 r, and Energy Code (wAC 51-111. and the applicable County Building ( odes, except that Page 20 kir.2 inspector will obtain approval from the Count) Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable code(s),or that involves an unusual interpretation. D. Inspections will be done in accordance with all codes,ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained in the manner required for the specific project and on the office copy of the permit. Inspections can be negotiated to be in person or virtual remote inspection, or as requested otherwise by the County. Note. Plan review approvals are not inspections The County shall guarantee a minimum of four(4)hours of inspection work each day inspection services are provided. Inspection time is calculated portal to portal further explained below. 3. Additional Services Required A. Pre-permit plan review meetings to review code requirements and County permit coordination will be charged at the hourly rates identified in the Labor Rate Schedule. B. Review of supplemental plans or deferred submittals(information not provided at time of initial review but required for plan approval. i.e.. truss specification/plans. mechanical. plumbing,etc.)will be charged at the hourly rates identified in the labor Rate Schedule. C. Revisions to plans that require additional plan review will be charged at the hourly rates identified in the Labor Rate Schedule. D. Addendums to approved plans that require additional plan review will be charged at the hourly rates identified in the labor Rate Schedule. E Attendance of meetings in person or remotely when requested by the County will be charged at the hourly rates identified in the Labor Rate Schedule 4. Additional A All other review services and reviews in excess of two (the initial review plus one re- check) shall be paid on a time-and-expense basis using the applicable hourly rate identified in the Labor Rate Schedule B In-house plan review and other services will be provided as desired by the County and agreed upon by Consultant on a time-and-expense basis using an hourly rate identified in the Labor Rate Schedule. Valuation figures used to determine the plan review fees will be calculated based on the County's Fee Resolution or ordinance The plan review fee will be determined by the County and the proposed plan review fee amount shall be submitted to Consultant for each project for review and approval Pagel of22 D Billing statements will be issued for reviews that receive a full initial review in the preceding month or other acceptable time period. A full initial review shall constitute an earned fee for both the County and Consultant. Each statement will include the permit application number and owner or project name of the plans reviewed with the fee. E. The County shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time that Consultant modifies such work to the satisfaction of the County. F. Hourly rates shown are portal to portal from inspector's residence or the Tacoma office, whichever is less for on-call services. G. All mileage included by Consultant will be reimbursed at the most current IRS rate at the time of service,or as negotiated and mutually agreed upon by Consultant and the County for fixed mileage rate. Mileage will not be assessed on travel using client supplied vehicle. H Consultant staffs normal workdays arc Monday through Friday(8am-5pm. PST).Office work on Saturdays. Sundays or County Holidays will be performed only at specific request of the County. Billing for work performed outside normal work hours or on Saturdays, Sundays.or County Holidays shall be at 150'/ of the rates shown above I. The I.ahor Rate Schedule is effective as of January I. 2023 and shall be effective for the duration of this Agreement or until amended and mutually agreed upon by Consultant and the County. Page 22 Jefferson County Board of Commissioners Consent Agenda Request To: Board of Commissioners Josh Peters,County Administrator From: Eric Kuzma,Public Works Director // Agenda Date: May 18,2026 Subject: Interlocal Agreement with Kitsap County for Household Hazardous Waste Disposal Statement of Issue: Through an Interlocal Agreement(ILA)between Jefferson and Kitsap Counties that became effective April 17,2023,Jefferson County residents who could not wait to dispose of Household Hazardous Waste(HEW)at the next scheduled HEW collection event have been able to dispose of HHW fee-free at the Kitsap County Moderate Risk Waste Facility located within the Olympic View Transfer Station in Bremerton. Kitsap County anticipates opening a North Kitsap County MRWF in the Kingston, WA area in early 2026,which will also be made available to Jefferson County residents. A Contract Amendment was executed on May 19,2025,that extended the ILA through June 30,2026. Kitsap County has offered a new ILA with a term of three(3)years and an option for second term of three 3)years. Analysis/Strategic Goals/Pro's& Con's: The ILA provides an additional option for Jefferson County residents who cannot wait in between HEW collection events. Fiscal Impact/Cost Benefit Analysis: Per the ILA, service is limited to five hundred(500)customers per annum at a reimbursable rate of fifty-five dollars($55.00)per customer for a total not to exceed annual cost of$27,500.00 which may be increased at Jefferson County's request. Recommendation: Execute the attached ILA. Department Contact: Al Cairns, Solid Waste Manager x213 Reviewed By: 13 Josh t rs, ounty Administrator ate CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Kitsap County Contract No: fK/ ZOl G—06.r— Contract For: Household Hazardous Waste Services Term: 36 Months COUNTY DEPARTMENT: Public Works Contact Person: At Cairns Contact Phone: X213 Contact email: acairns@co.jefferson.wa.us AMOUNT: Not to exceed$27,500.00 PROCESS: — Exempt from Bid Process Revenue: 401000010.34370.00.000 Cooperative Purchase Expenditure: 401000010.5373041 Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: ILA APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLI ,..5.5 WITH JCC 3.55.080 AND CHAPTER 42. 23 RCW. CERTIFIED: ri N/A: viz y./_ 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: I 1 N/A: ® i( .,f4Zr-2...---.": t L4 a Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/28/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/24/2026. DPA Luther reviewed and approved on 04/24/2026 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 I CONTRACT NO. KC-271-26 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES This agreement is executed between Kitsap County ("Kitsap") and Jefferson County ("Jefferson") for the purpose of providing a permanent site with year-round availability for proper disposal of household hazardous waste ("HHW') to Jefferson County residents at the Kitsap County Household Hazardous Waste Collection Facilities. BACKGROUND WHEREAS, the Kitsap County Moderate Risk Waste ("MRW') Management Plan (" Plan") was written pursuant to RCW 70.95.220 and adopted by the Kitsap County Commissioners; and WHEREAS, in accordance with the Plan, Kitsap operates the South Kitsap HHW Collection Facility ("SK Facility"), located at 5551 SW Imperial Way, Bremerton, and is expected to begin operating the North Kitsap HHW Collection Facility, ("NK Facility"), located at 23300 Arness Creek Road NE, Poulsbo, in 2026; WHEREAS,the SK Facility and, once operational,the NK Facility, (collectively"Facilities") provide year-round availability for the proper disposal of HHW to Kitsap County residents; WHEREAS, HHW disposal is funded through a combination of tipping fees collected at Olympic View Transfer Station and a portion of the Local Solid Waste Financial Assistance Agreement between the State of Washington Department of Ecology and Kitsap County; WHEREAS, Jefferson is a neighboring county whose citizens frequently travel to or though Kitsap County and providing convenient HHW disposal locations foster the parties' common goals; WHEREAS, Kitsap and Jefferson share common goals to: protect watersheds; protect groundwater and drinking water quality; provide opportunities for residents to properly dispose of HHW; and educate residents about potential hazards regarding storage of hazardous products; WHEREAS, Kitsap and Jefferson find it is in the best interest of their citizens and in the public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these common goals; WHEREAS, Kitsap and Jefferson are authorized to enter into Interlocal Agreements pursuant to Chapter 39.34 RCW; NOW THEREFORE, the parties mutually agree as follows: AGREEMENT 1. RECITALS. The recitals are hereby incorporated into the Agreement by this reference. 2. PURPOSE. The purpose of this Agreement is to provide additional locations for Jefferson residents to properly dispose of household hazardous waste. 3. KITSAP OBLIGATIONS A. Kitsap shall make its SK Facility, and when operational the NK Facility, along with associated on-site HHW services available at no charge to Jefferson residents whenever the Facilities are regularly open for business. KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal 'Wage B. Kitsap will charge Jefferson for each use of a Facility by a Jefferson resident for the waste streams set forth in Attachment A, which is incorporated herein by this reference. Kitsap will not charge Jefferson for any waste covered under a statewide stewardship program, such as those for architectural paint or fluorescent lamps. C. Kitsap shall serve as the"lead entity" in the ongoing administration and implementation of this Agreement. D. Kitsap shall submit monthly invoices to Jefferson not more than once a month whenever there has been a charge-triggering use of a Facility as described in subsection B. Invoices shall detail the number of Jefferson customers. Kitsap shall maintain adequate records to support billings under this Agreement. 4. JEFFERSON OBLIGATIONS A. Jefferson shall (a) advertise the expanded opportunities for HHW collection at the Facilities to Jefferson residents; and (b) provide Kitsap with Jefferson specific MRW education materials for distribution to Jefferson customers. B. Within thirty (30) days following receipt of an invoice, Jefferson shall reimburse Kitsap 55.00 per documented Jefferson customer. Notwithstanding the preceding, Jefferson payments are not to exceed $27,500.00 per year (500 customers) unless specifically approved in writing in advance. 5. DURATION. This Agreement shall commence at time of signing, with the effective date on July 1, 2026, for purposes of cost reimbursement for services, and shall extend through June 30, 2029. The parties may agree to extend this Agreement for an additional consecutive three-year term by amendment as set forth below. 6. TERMINATION A. Kitsap may immediately terminate this Agreement whenever Kitsap determines, in its sole discretion, that such termination is in the best interests of Kitsap. Such termination shall not constitute a breach of this Agreement. Prompt notice of such termination shall be provided. B. Jefferson may terminate this Agreement upon provision of sixty (60) days written notice to Kitsap. C. Jefferson shall remain liable for all costs reimbursements incurred through the termination date specified in any notice, consistent with the fees prescribed above. D. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period by Jefferson, Kitsap shall not be obligated to provide services after the end of the current fiscal period. 7. INDEMNIFICATION. Each party agrees to hold harmless, defend and indemnify the other party and its elected officials, officers, employees and agents, against all claims, suits, actions, liabilities, losses, expenses, and damages, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees, and agents in the performance of this agreement. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees, or agents of the indemnitor or of any contractor or subcontractor of indemnitor, but shall not extent to injury, sickness, disability, death or damage arising out of or resulting from the KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal 2 I acts, errors, or omissions of the indemnitee or its elected officials, officers, employees, or agents. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This clause shall survive the termination of this Agreement. 8. AMENDMENT. This Agreement may be amended only upon the written agreement of the parties executed by the authorized representatives thereof. There will be a review of per customer costs if an extension is desired. 9. ADMINISTRATION. No separate entity is created by this Agreement. This Agreement shall be administered by, and all notices and payments shall be sent to, the following representatives: For Kitsap County: Kitsap County Public Works, Solid Waste Division Attn: Kevin Bevelhimer, Solid Waste Senior Maintenance & Operations Manager 614 Division Street, MS-27, Port Orchard, Washington 98366 For Jefferson County: Jefferson County Department of Public Works, Solid Waste Division Attn: Al Cairns, Solid Waste Manager 625 Sheridan St., Port Townsend, WA 98368 10. PROPERTY. Any property purchased under this Agreement shall be the property of the purchaser. 11. ASSIGNMENT. No party may assign their rights or obligations under this Agreement without the approval of the other. 12. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor. 13. DISPUTE RESOLUTION. If 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 (1) member to the Dispute Board and those members shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement 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, subject to judicial review as authorized by law. 14. NONDISCRIMINATION. Jefferson and Kitsap agree to comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not discriminate in their employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental or physical handicap. 15. COMPLIANCE WITH LAWS. Jefferson and Kitsap agree to comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the performance of this Agreement, including compliance with all the provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such Act. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal 3 17. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 18. MULTIPLE ORIGINALS/ELECTRONIC SIGNATURES. This Agreement may be executed in multiple copies, each of which shall be deemed an original. A facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and deemed to constitute duplicate originals. 19. SEVERABILITY. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 20. AUTHORIZATION. Each of the signatories hereto hereby represents and warrants that he or she has the right, power, legal capacity, and authority to execute into this Agreement and to bind the entity he or she represents to this Agreement and the obligations hereunder. JEFFERSON COUNTY BOARD OF COUNTY SEAL:COMMISSIONERS Heather Dudley-Nollette, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3 ATTEST: APPR TO FORM: 04/24/2026 Carolyn Gallaway, CMC Date Jerem B her Date Clerk of the Board Deputy Prosecuting Attorney KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal 4 I Dated this day of 2026 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ORAN ROOT, Chair ATTEST: KATHERINE T. WALTERS, Commissioner Marina Linville, Interim Clerk of the Board CHRISTINE ROLFES, Commissioner KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal 5 I P a g e ATTACHMENT A A-Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons KC-271-26 Jefferson County Residential Household Hazardous Waste Collection and Disposal Wage JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Shawn Frederick, Central Services Director DATE: May 18,2026 RE: Interlocal Agreement Resolution STATEMENT OF ISSUE: Staff are proposing a change to the method Interlocal Agreements are filed in compliance with RCW 39.34.040 Methods of filing agreements—status of interstate agreements—real party interest-Actions. ANALYSIS: Currently, Interlocal Agreements are filed with the Auditor's office. While efficient,this results in the remittance of filing fees of various costs for each agreement. As an alternative to filing with the Auditor's office, RCW 39.34.040 also allows agreements to be listed by subject on a public agency's website, eliminating filing fees. In examining other Washington state county and city governments, listing of ILAs on their respective websites is common. This change would result in savings for every agreement submitted. FISCAL IMPACT: Savings will be depended on size and nature of each individual Interlocal Agreement submitted. RECOMMENDATION: The Board of County Commissioners adopt by resolution that Interlocal Agreements be filed on the County's webpage for public access. REVIEWED BY: I • 1 3/i Jos' 'a. P` ers, County Administrator Date STATE OF WASHINGTON County of Jefferson In the Matter of Requiring Interlocal Agreements to be Filed on Jefferson County's RESOLUTION NO. Web Site WHEREAS, the Interlocal Cooperation Act (chapter 39. 34 RCW) authorizes Jefferson County to enter into agreements with another public agency for joint or cooperative action pursuant to the provisions of chapter 39.34 RCW(ILAs); and, WHEREAS, pursuant to RCW 39.34.010 the purpose of chapter 39.34 RCW is to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and, WHEREAS, "public agencies" is broadly defined in RCW 39.34.020 to include "any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state;" and, WHEREAS, Jefferson County has used widely divergent ILAs with other public agencies to the public benefit for many years following all the requirements of chapter 39.34 RCW; and, WHEREAS, RCW 39.34.030(2) requires that by appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force; and, WHEREAS, RCW 39.34.040 requires: "Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's website or other electronically retrievable public source;" and, WHEREAS, prior to adoption of this Resolution, Jefferson County satisfied the requirements of RCW 39.34.040 by filing ILAs with the county auditor; and, WHEREAS, the fee for filing each ILA with the county auditor is $303.50 for the first page and $1.00 each additional page, so the Jefferson County Board of Commissioners wish to satisfy the requirements of RCW 39.34.040 by filing ILAs on its website; and, WHEREAS, the Jefferson County Board of Commissioners believe that clear direction to county staff in the form of a resolution directing staff where ILAs should be filed on the county website will enhance transparency, while reducing the cost of entering into any ILA; and, 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 or Board of Health] hereby adopts the above "Whereas" clauses as Findings of Fact. 1 of 3 Section 2. Purpose. The purpose of this resolution is to ensure compliance with requirements of RCW 39.34.040, while reducing the cost of compliance and enhancing transparency by requiring that a web page be developed that identifies and provides a mechanism for quickly locating all ILAs entered into by Jefferson County after the effective date. Section 3. Web Page Requirement. a) The Central Services Director shall establish a county an ILA web page that shall contain a list of every ILA entered into by the county with any other public agency: i) After the effective date of this resolution; or, ii) Before the effective date of this resolution, that county staff is or becomes aware was not filed with the county auditor staff in the county administrator was not filed with the county auditor. Within 30 days of the effective date, Central Services staff shall identify to the fullest extent possible, any such ILAs not filed with the county auditor before the effective date of this resolution. b) The web page required by this section 3 shall be maintained by the Central Services Department perpetually. c) The web page required by this section 3, shall provide a hyperlink to each ILA identified on the web page. d) The county's front web page shall contain a hyperlink to the ILA web page. 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). [This needs to be verified by looking at WAC 197-11-800.] Section 6. Effective Date. This Resolution shall take effect and be in full force immediately upon passage by the Board of[County Commissioners or Board of Health]. SIGNATURES FOLLOW ON THE NEXT PAGE) 2 of 3 ADOPTED and APPROVED this day of 2026. SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Heidi Eisenhour, Member Heather Dudley-Nollette, Member ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 3 of 3 615 Sheridan Street Port Townsend, WA 98368 cellason 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 Director DATE: but I SUBJECT: Agenda item — Subrecipient Agreement with Scouting America Troop 1479; April 1, 2026 — June 30, 2026; $2,000 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the Subrecipient Agreement with Scouting America Troop 1479 (Subrecipient) to develop and implement coordinated tobacco, vapor and marijuana product prevention and intervention strategies; April 1, 2026 — June 30, 2026; $2,000 ANALYSIS/STRATEGIC GOALS/PROS and CONS: The purpose of this agreement is for the JCPH to retain Subrecipient to develop and implement protective factor strategies to prevent and reduce tobacco and marijuana use by youth in Jefferson County. Subrecipient agrees to implement programs that provide protective factors for youth in Jefferson County. This agreement, for $2,000 is to pay for direct labor, direct material, and other direct costs. FISCAL IMPACT/COST BENEFIT ANALYSIS: This contract agreement is fully funded by JCPH through a regional funding received from the Washington State Department of Health, Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County Public Health contract number N-25-064 #2483 and its A-i Kitsap (Agency Contract). RECOMMENDATION: JCPH management requests approval of the Subrecipient Agreement with Scouting America Troop 1479 to develop and implement tobacco, vapor and marijuana product intervention strategies; April 1, 2026 — June 30, 2026; $2,000 REVIEWED BY: 5/13- ?b Jos . 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 Always working for a safer and healthier communityN-26-032 CONTRACT REVIEW FORM I Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Scouting America Troop 1479 Contract No: N-26-032 Contract For: Campership Awards Program Term: April 1, 2026 -- June 30, 2026 COUNTY DEPARTMENT: Public Health Contact Person: Denise Banker Contact Phone: X438 Contact email: dbanker@co.jefferson.wa.us AMOUNT: $2,000 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $2,000 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 COMPL - CE WIT J . .080 AND CHAPTER 42.23 RCW. CERTIFIED: l - N/A: Apr. 20, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBA D BY ANY FEDERAL, STATE, OR LOCAL AGENCY.III,' CERTIFIED: IllN/A: Apr. 20,2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/28/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/22/2026. DPA Luther reviewed and approved on 04/22/2026 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 SUBRECIPIENT AGREEMENT BETWEEN JEFFERSON COUNTY AND SCOUTING AMERICA TROOP 1479 This Subrecipient Agreement(Agreement) Between Jefferson County and Scouting America Troop 1479 is made and entered into by Jefferson County (County)and Scouting America Troop 1479 Subrecipient) for completion of Project title: Campership Awards Program (Project)pursuant to Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County Public Health contract number N-25-064 KPHD2483 and its A-1 (Agency Contract). Funds awarded for this Project have been provided to by the County by the Washington State Youth Cannabis and Commercial Tobacco Prevention Program(YCCTPP)and are state funds that focus on cannabis and commercial tobacco activities. IT IS AGREED UPON BY THE PARTIES AS FOLLOWS: A. TERM OF THIS AGREEMENT The term of this Agreement is from April 1, 2026 through June 30, 2026. B. TERMINATION 1) Should a party default in providing Project services under this Agreement or materially breach any of its provisions,the other party may terminate this Agreement upon ten(10) days written notice. A party shall have the right and opportunity to cure any such material breach within the ten (10) day period. 2) The County may terminate this Agreement upon immediate notice to Subrecipient in the event that the funding for the project ceases or is reduced in amount. Subrecipient will be reimbursed for services expended up to the date of termination. 3) In the event of default, the Subrecipient must return any disbursed funds associated with this Project within thirty-days(30)of notice of termination by County. C. PROFESSIONAL SERVICES BY SUBRECIPIENT In completion of Project all Project services provided by Subrecipient shall include: 1) All Work Required by the Agency Contract. All work required by the Agency Contract,a true and correct copy of which is attached as APPENDIX B. 2) Financial and Program Management: Subrecipient 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; maintain appropriate client service records and progress reports; and track key program performance indicators. 3) Perform All Subrecipient Obligations. In addition to the above, Subrecipient shall fulfill all of Subrecipient Obligations listed below. Page 1 of 14 N-26-032(N-25-064KPHD-YCCTPP2483A-1) D. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations: 1) Subrecipient shall fulfill all the requirements of the Agency Contract. 2) Subrecipient shall comply with all state and federal requirements regarding the confidentiality of participant records. 3) Subrecipient 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). 4) Subrecipient shall have a grievance policy that: Negotiates conflicts and advises participants of grievance procedures; Is explained to participants; Prohibits retaliation for using the grievance process; Includes a non-retaliation statement; Assures that advocates are available and encourages participants to bring advocates to help negotiate; Includes a mediation process that promotes the use of someone who is unaffected by the outcome if conflicts remain unresolved; and, Includes a process for tracking and reporting grievances. 5) Subrecipient shall comply with all applicable federal, state and local regulations. 6) Subrecipient shall comply with all the policies of the Jefferson County department managing this Agreement. 7) Subrecipient shall track and analyze incident reports for potential trends and patterns. 8) Subrecipient shall provide the following: a) Equal Access: Subrecipient will assures 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. b) Qualified Staff: Subrecipient 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. Subrecipient will assure that all direct service staff are trained, and that training is documented. Subrecipient will provide the County with information regarding staff qualifications upon request N-26-03I(N-25-064KPHD-YCCTPP2483A-I) Page 2 of 14 E. DEBARMENT By signing this Agreement, and Appendix A, Subrecipient 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). Subrecipient 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. Subrecipient must immediately notify the County if, during the term of this Agreement, Subrecipient becomes debarred. The County may immediately terminate this Agreement by providing Subrecipient written notice, if Subrecipient becomes debarred during the term of this Agreement. F. FEDERAL FUNDING ACCOUNTABILITY&TRANSPARENCY ACT(FFATA) 1) This Agreement 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 federal funds are spent. 2) To comply with the act and be eligible to enter into this Agreement, Subrecipient must have a Data Universal Numbering System(DUNS®) number. A DUNS®number provides a method to verify data about your organization. If Subrecipient does not already have one, a DUNS® number is available free of charge by contacting Dun and Bradstreet at www.dnb.com. 3) Information about Subrecipient and this Agreement will be made available on www.uscontractorregistration.com, as required by P.L. 109-282. The Federal Funding Accountability and Transparency Act Data Collection Form, is considered part of this Agreement and must be completed and returned along with this Agreement. G. 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 County, at its sole discretion, may: (1) Terminate this agreement; (2) Renegotiate this Agreement under the revised funding conditions;or, (3) Suspend Subrecipient's performance under this Agreement upon five (5) business days' advance notice to Subrecipient, if the County determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow Subrecipient's performance to resume prior to the normal completion date of this Agreement. H. REIMBURSEMENTS 1) Total reimbursements for fiscal year July 1, 2025 —June 30, 2026 to Subrecipient by the County under this Agreement shall not exceed$2,000, including any allowable expenses for the services provided under this Agreement without express written amendment signed by both parties to this Agreement. 2) For said services rendered under this Agreement,the County shall reimburse Subrecipient pursuant to this Agreement and the Agency Contract. 3) Work performed between April 1, 2026 and June 30,2026 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. N-26-03 1(N-25-064KPHD-YCCTPP2483A-I) Page 3 of 14 4) Subrecipient will receive Project balance upon execution of this agreement and will provide monthly to the County a detailed description of Project's progress,including accounting of all expenditures made during the month in which Subrecipient is reporting(template provided). I.OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT If overpayments or erroneous payments have been made to Subrecipient under this Agreement, the County will provide notice to Subrecipient and Subrecipient shall refund the full amount of the overpayment within thirty (30)calendar days of the notice. If Subrecipient fails to make timely refund, the County may charge Subrecipient one percent(1%)per month on the amount due,until paid in full. J. RECORDS AND DOCUMENTS REVIEW 1) Subrecipient 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 [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B);42 USC 1396a(a)(42(A);42 CFR 431, Subpart Q;and 42 CFR 447.202]. 2) Subrecipient 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. K. RIGHTS OF STATE AND FEDERAL GOVERNMENTS In accordance with 45 C.F.R. 95.617,all appropriate state and federal agencies, including but not limited to the Centers for Medicare and Medicaid Services(CMS),will have a royalty-free,nonexclusive, and irrevocable license to reproduce,publish,translate, or otherwise use, and to authorize others to use for Federal Government purposes: (i) software,modifications,and documentation designed,developed or installed with Federal Financial Participation(FFP)under 45 CFR Part 95,subpart F;(ii)the Custom Software and modifications of the Custom Software,and associated Documentation designed,developed, or installed with FFP under this Agreement; (iii)the copyright in any work developed under this Agreement;and(iv)any rights of copyright to which Subrecipient purchases ownership under this Agreement. L. COMPLIANCE WITH SUBRECIPIENT REQUIREMENTS FROM GRANT 1) General. In accordance with 2 CFR 200.501 and 45 CFR 75.501, Subrecipient shall: a) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received,by Catalog of Federal Domestic Assistance (CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; N-26-031(N-25-064KPHD-YCCTPP2483A-1) Page 4 of 14 b) Maintain internal controls that provide reasonable assurance that Subrecipient is managing federal awards in compliance with laws, regulations,and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; c) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; d) Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 audit requirements into all agreements between Subrecipient and its subcontractors who are subrecipients; e) Comply with any future amendments to OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 and any successor or replacement Circular or regulation; f) Comply with the applicable requirements of OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 and any future amendments to OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501, and any successor or replacement Circular or regulation; and, g) Comply with the Omnibus Crime Control and Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and-The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. Go to http://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.) 2) Single Audit Act Compliance. If Subrecipient expends$750,000 or more in federal awards from any and/or all sources in any fiscal year, Subrecipient will procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, Subrecipient will: a) Submit to the Authority contact person the data collection form and reporting package specified in OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501,reports required by the program-specific audit guide(if applicable), and a copy of any management letters issued by the auditor; b) Follow-up and develop corrective action for all audit findings; in accordance with OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501,prepare a"Summary Schedule of Prior Audit Findings." 3) Overpayments. If it is determined by the Agency or the County, or during the course of a required audit, that Subrecipient has been paid unallowable costs under this or any Program Agreement, Subrecipient will refund the full amount to the Agency as provided in Section I. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT. M. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. 1) Subrecipient shall immediately report to the County any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement, Subrecipient shall submit a Monitoring Certification using the form attached as Appendix A for purposes of the County N-26-031(N-25-064KPHD-YCCTPP2483A-I) Page 5 of 14 performing the risk assessment of Subrecipient and compliance monitoring of this Agreement that is required of the County by the Agency. N. GENERAL TERMS AND CONDITIONS 1) Subrecipient's relation to the County shall at all times be that of independent Subrecipient. Any and all employees of Subrecipient, or other persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall be considered employees of Subrecipient only, and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of Subrecipient. 2) Subrecipient shall not subcontract or assign any of the services covered by this Agreement without the express written consent of the County. Subcontracting and assignment does not include printing or other customary reimbursable expenses that may be provided in an Agreement. 3) Subrecipient,by signature to this Agreement, certifies that Subrecipient 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. Subrecipient also agrees to include the above requirement to all subcontracts into which it enters. 4) Subrecipient shall obtain and keep in force during the terms of this Agreement,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48:05 RCW: a) Worker's compensation and employer's liability insurance. Subrecipient 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 Subrecipient's performance of this Agreement. 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 Agency 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 completed operations. iv) Premises- Operations Liability (M&C). v) Independent Contractors and Subrecipients. N-26-031(N-25-064KPHD-YCCTPP2483A-I) Page 6 of 14 vi) Blanket Contractual Liability. 5) All employees or subcontractors of Subrecipient 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. 6) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall comply with the same insurance requirements that Subrecipient is required to meet. 7) Failure on the part of Subrecipient 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 Subrecipient to correct the breach, immediately terminate this Agreement 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 Subrecipient from the County. 8) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 9) Excepting the Workers Compensation insurance and any professional liability insurance secured by Subrecipient,the County will be named on all certificates of insurance as an additional insured. Subrecipient 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. 10) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Subrecipient 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 Subrecipient shall be primary to any equivalent or applicable policies held by the County. All insurance policies obtained by Subrecipient shall include a waiver of subrogation rights. Any self-insured retention, deductible or risk retention maintained, or participated in, by the County coverage for third-party liability claims provided to the county, shall be excess and shall be non- contributory to the insurance policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract. All policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. 11) The County will pay no progress payments under this Agreement until Subrecipient 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. 12) Nothing in the foregoing insurance requirements shall prevent the County, at its option, from additionally requesting that Subrecipient deliver to the County an executed bond as security for the faithful performance of this Agreement and for payment of all obligations of Subrecipient. 13) 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 N-26-03I(N-25-064KPHD-YCCTPP2483A-1) Page 7 of 14 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. 14) Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs. 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. 15) Subrecipient shall comply with the WA State Department of Labor and Industries Minimum Wage Act, Chapter 49.46 RCW,acknowledging persons with disabilities participating in job assessments are not considered employees. 16) Subrecipient shall indemnify and hold the County,and its officers, officials, employees, agents and volunteers(and their marital communities)harmless from and shall process and defend at its own expense,including all costs, attorney fees and expenses relating thereto, all claims,demands, or suits at law or equity arising in whole or in part,directly or indirectly,from Subrecipient's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Subrecipient to indemnify the County and its officers, officials, employees, agents and volunteers (and their marital communities) against and hold them harmless from claims, demands or suits based solely upon the conduct of the County,its officers, officials,employees, agents and volunteers (and their marital communities), and provided further that if the claims or suits are caused by or result from the concurrent negligence of: a) Subrecipient's agents or employees; and, b) The County,its officers,officials, employees,agents and volunteers(and their marital communities),this indemnity provision with respect to: (i) claims or suits based upon such negligence,or(ii)the costs to the County of defending such claims and suits,etc., shall be valid and enforceable only to the extent of Subrecipient's negligence or the negligence of Subrecipient's agents or employees. c) Subrecipient specifically assumes potential liability for actions brought against the County by Subrecipient's employees, including all other persons engaged in the performance of any work or service required of Subrecipient under this Agreement and, solely for the purpose of this indemnification and defense, Subrecipient specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. d) The provisions of this section shall survive the expiration or termination of this Agreement. 17) Subrecipient shall not discriminate against any person presenting themselves for services based on race,religion,color, sex,age,or national origin. 18) No portion of this Agreement 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 Agreement may be subcontracted to a third-party,then any contract or agreement between Subrecipient and a third-party Subrecipient must contain all provisions of this N-26-03 I(N-25-064KPHD-YCCTPP2483A-1) Page 8 of 14 Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this Agreement. 19) This Agreement memorializes the entire agreement of the parties. No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations,discussions,negotiations, and agreements, whether written or oral,within the scope of this Agreement. 20) Subrecipient 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. Subrecipient assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of this Agreement. Subrecipient 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 head of the County department primarily responsible for overseeing Subrecipient's performance under this Agreement or that department head's designee must approve any proposed subcontractors in writing. Any dispute arising between Subrecipient and any subcontractors or between any subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the delivery of contracted goods or services. 21) While performing services,the use of illegal drugs, alcohol, or controlled substances on the County property or premises is strictly prohibited. Subrecipient's employees shall not perform services while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. 22) The use of tobacco of any kind on property or premises of the County shall comply with County policies. 23) Any form of harassment, discrimination, or improper fraternization with any County employee or a participant is strictly prohibited. 24) 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 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) The terms of this Agreement are not severable. 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 enforceable. 26) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs and assigns. N-26-031(N-25-064KPHD-YCCTPP2483A-I) Page 9 of 14 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 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. 29) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 30) The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 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), Subrecipient 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. Subrecipient also agrees that upon receipt of any written public record request, Subrecipient shall,within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. 32) 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: 33) 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 Management Department 1820 Jefferson Street Port Townsend, WA 98368 Notices to Subrecipient shall be sent to the following address: Name: Lois Sherwood Title: Committee Member Contact Info: lolo.sherwood@gmail.com Phone: 360-301-1562 SIGNATURES FOLLOW ON THE NEXT PAGE) N-26-031 (N-25-064KPHD-YCCTPP2483A-1) Page 10 of 14 SIGNATURE PAGE ADOPTED THIS day of 2026 BOARD OF COUNTY COMMISSIONERS SCOUTING AMERICA TROOP 1479 JEFFERSON COUNTY,WASHINGTON By: By: 514.4,6.c o. Greg Brotherton, Chair Name: Lois C Sherwood By: Title: Committee Member Heather Dudley-Nollette, Commissioner Date: May 12, 2026 By: Heidi Eisenhour, Commissioner SEAL: ATTEST: Carolyn Gallaway, Date Clerk of the Board Approved as to form only: i .14111V 04-22-2026 Jere Date Deput 'rosec ing Attorney N-26-031(N-25-064KPHD-YCCTPP2483A-1) Page 11 of 14 APPENDIX A— COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved with final form submitted by June 30, 2026. AGENCY CONTRACT NO: N-25-064 KPHD2483 and its A-1 DATE: NAME OF SUBRECIPIENT: Scouting America Troop 1479 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 debarment, declared ineligible, or voluntarily excluded from transactions by any Federal, State, or local department X 5/7/26 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 criminal offense in connection with obtaining, attempting to obtain, or X 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 5/7/26 property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity 5/7/26(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) X 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 5/7rbrecipient has not within a 3-year period preceding the mission of this Compliance and Risk Monitoring Form one or more public transactions (Federal, State, or local) X terminated for cause or default Subrecipient has provided all written reports required by 5/7/26 the Agreement as of the submission of this Compliance and X Risk Monitoring Form (Template provided) N-26-031 (N-25-064KPHD-YCCTPP2483A-1)Page 12 of 14 DATE CERTIFICATION ITEM YES NO Subrecipient has provided any audit report received by it 5/7/26 from any government agency since the last certification for NA its performance related to the Agency Contract 5/7/26 Subrecipient certifies that all of the deliverables and other work required since the last certification have been X completed 5/ 7/26 All the work being billed for in the invoice being certified by this Compliance and Risk Monitoring Form actually has Tuition w II be submitted p p any p be com leted 6/ prep willbeenperformed, includingtimesheet or other backup 5/15/2026 - Cam bI//26 Subrecipient agrees to submit to an audit within 30 days of p 26 a request from the County or the Agency X 5/7/2 Subrecipient has corrected any deficiencies identified since the last certification NA Signed at Port Townsend WA City State 1.-- S Wri/t/- -0-d 5/7/2026 SUBRECIPIENT SIGNATURE I)A"l'I Lois C Sherwood WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVAL SIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION N-26-031(N-25-064KPHD-YCCTPP2483A-1) Page 13 of 14 Appendix B Statement of Work and Budget Mini-grant Subrecipient Awardee: Scouting America Troop 1479 Title: Campership Awards Program Topic: Timeline Month/Date Action Item Description April - regular Youth work on developing Youth practice outdoor cooking, building meetings and outdoor skills useful structure with'poles and rope, learn first independent work Youth participate in community aid skills at home service project- make first payment for camp ($250 -this payment has already been made) May - regular Scouts build begin building Scouts assist Arrow of Light cub scouts plan meetings & relationships with Cub Scouts who an overnight camping trip. This provides meetings with Cub will be joining the Troop and scouts to develop and practice leadership with Scouts attending camp younger scouts and begin building bonds Final payment for summer camp between the youth due on May 15. - If 4 youth attend 2480 for youth, $580 for adults minus deposit of$250 =$2810 June - 12-13 Overnight camp out Youth will practice the skills they have learned and cub scouts get to know experienced scouts July - meetings Arrow of Light Cubs are now part All youth wishing to participate in water of troop. sports will need to complete swim test. Plan for their week at camp - Review all camp activities - sign up for merit select activities and merit badges badge and advancement classes based on interest and individual progress. Each youth selects their own course through scouting. August 2 - 8 Attend Fire Mountain Summer Return- Each scout assess their own growth at Camp camp and chart their next steps in scouting. Topic: Budget Budget Item Amount Description 4 - 6 camperships 2,000; scholarships paid $500/youth if 4 attend, for by May 15, 2026 366/youth if 6 attend winter fundraising and family will provide the balance 120 + $75 if 4 attend, 154 + $75 if 6 attend N-26-031(N-25-064KPND-YCCTPP2483A-I) Page 14 of 14 615 Sheridan Street Port Townsend, WA 98368 de enson 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: SUBJECT: Agenda item — Washington State Department of Social and Health Services DSHS) School-to-Work Program Startup Contract between Jefferson County Public Health and DSHS July 1, 2025 — June 30, 2026, $43,000. STATEMENT OF ISSUE: Jefferson County Public Health, the Intellectual and Developmental Disabilities program, requests Board approval of an amendment to extend the DSHS School-to-Work Program Startup Contract through September 30, 2026. ANALYSIS/STRATEGIC GOALS/PROS and CONS: School-to-Work" provides step by step support for students with intellectual and/or developmental disabilities who desire to have a job by the time they graduate high school. The statewide program is newly available in Jefferson County and this agreement continues to support efforts to develop the program locally, educate the community about the service, and increase enrollment. FISCAL IMPACT/COST BENEFIT ANALYSIS: This amendment extends the length of the agreement by three months but the agreement amount remains the same. RECOMMENDATION: JCPH management requests approval of this agreement. REVIEWED BY: 5iiig 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 DD-25-054-A 1 CONTRACT REVIEW FORM Clear Form I INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Dept of Social&Health Services Contract No: DD-25-054-A1 Contract For: School-to-Work Start-up, Amend 1 Term: 7/1/2025 - 9/30/2026 COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremskl Contact Phone: x410 Contact email: BonnieOQco.jefferson.wa.us PROCESS: AMOUNT: $43,000 Exempt from Bid Process Revenue: $43,00o 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 I CE J 55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: May 4, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBA ED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: EiMay 4, 2026 Glei n Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/6/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/6/2026. DPA Luther approved this K amendment on 05/ 05/2026. 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 DSHS CONTRACT NUMBER: WasDepartment State CONTRACT AMENDMENT 2563-65345 Department of Social 7 Health Services Amendment No. 01 Transforming lives This Contract Amendment is between the State of Washington Department of Program Contract Number Social and Health Services (DSHS) and the Contractor identified below. Click here to enter text. Contractor Contract Number DD-25-054-A1 CONTRACTOR NAME CONTRACTOR doing business as(DBA) Jefferson County CONTRACTOR ADDRESS WASHINGTON UNIFORM BUSINESS DSHS INDEX NUMBER 1820 Jefferson Street IDENTIFIER(UBI)1223 161-001- 169 Port Townsend, WA 98368- CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Bonnie Obremski 360) 385-9410 360) 385-9401 BonnieO@co.jefferson.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Division of Vocational Rehabilitation Division of Vocational 8500CC-63 Rehabilitation DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Austin Diaz-Munoz 4565 7th Ave SE Contracts Specialist Lacey, WA 98503 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 564) 200-2812 Click here to enter text.Austin.DiazMunoz(adshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBERS No AMENDMENT START DATE CONTRACT END DATE 07/01/2025 09/30/2026 PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE OR DECREASE TOTAL MAXIMUM CONTRACT AMOUNT 43,000.00 0.00 43,000.00 REASON FOR AMENDMENT; CHANGE OR CORRECT CHOOSE ONE: ATTACHMENTS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this Contract Amendment by reference: Additional Exhibits (specify): This Contract Amendment, including all Exhibits and other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties as changes to the original Contract. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract Amendment shall be deemed to exist or bind the parties. All other terms and conditions of the original Contract remain in full force and effect. The parties signing below warrant that they have read and understand this Contract Amendment, and have authority to enter into this Contract Amendment. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Greg Brotherton, Chair Board of County Commissioners Jefferson County Washington DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED APPROVED AS TO FORM ONLY: 05/ 05/2026 Jer'Tijah Bf ther Date Deputy Prosecuting Attorney Jefferson County Washington DSHS Central Contract Services Page 1 6024PF Contract Amendment(1-26-2018) This Contract between the State of Washington Department of Social and Health Services (DSHS) and the Contractor is hereby amended as follows: 1.Section 3, Period of Performance, is replaced in its entirety with the following: "The term of this Contract shall be fifteen (15) months, starting July 1, 2025 and ending September 30, 2026." All other terms and conditions of this Contract remain in full force and effect. DSHS Central Contract Services Page 2 6024PF Contract Amendment(1-26-2018) DSHS Agreement Number om/nv/on n/o/o d UU Department of COUNTY PROGRAM ^ ^~~^~~~~^~"~—"~ " 2563-653457#V &Health Services School-to-Work Start-Up Transforming IiVe5 This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services ([}8H8) and the County identified Agreement Number below, and io issued in conjunction vvitheCountymndDSHSAuraornent{]n County Agreement NumberGeneralTermsandConditions, which is incorporated bvreference. DD-25'054 omno^om|w|87nAT/mw oSHsom|3|ow onxa INDEX NUMBER ' os*a CONTRACT CODE Division ofVocational Division ofVocational 1223 850OCC-83 Rehabilitation Rehabilitation o3HG CONTACT NAME AND TITLE oSH3 CONTACT ADDRESS AuwtinDiaz'Mvnoz 45657th Ave SE Contracts Specialist Lacey, WA 98503 onno CONTACT TELEPHONE osno CONTACT FAX onxo CONTACT E-MAIL 564) 200-2812 Click here ho enter text. Austin.DiazyNunoz@duha.ws.gov COUNTY NAME couwrYAoonEaa Jefferson County 1820 Jefferson Street Port Townsend, VVA 98368 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME mUeeEn 8onnie<]hremeki COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL Y 380) 385'9410 385'94O1 BonnieO@nojeff*mon.wa.us G THE COUNTY ASUBREC|P|EwT FOR PURPOSES VF THIS PROGRAM ASSISTANCE LISTING NUMBERS AGREEMENT? No pRoemuM AGREEMENT START DATE PROGRAM AGREEMENT END DATE ' MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2025 06/30/2026 43.000.00 EXHIBITS. When the box below ia marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: 0&0 Exhibits (specify): Exhibit ' Data Security Requirements Exhibit B'Estimated Bi'Annua| Budget F— NmExhibitm. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter n/this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract ohmU be binding on DSHS only upon signature byDSHS. COUNTY SIGNATURE(S)pn/wTEo wxMs(a)AND T|TLs(s)DATE(S)S|Gwso HeidiEiuonhnur Chair Board nf County Commissioners Jefferson County Washington oaHao/omATuRs PRINTED NAME AND TITLE DATE SIGNED Austin Oioz'[Nunoz, Contracts Specialist 0/04/2025 only: for 08/20/7025 Philip C,Mu4uoKe, Dote Chief Civil Deputy Prosecuting Attorney Jefferson County Washington oSHS Central Contract Services on1rCp County Program Agreement(1o'n1'uo1r)Page Special Terms and Conditions 1.Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Admin/Support Staff' means the costs of fiscal staff, Human Resources staff, contract staff, administrative staff, and others who indirectly support the County program. b. "Community Outreach/Information Education" means the work completed to reach out to partners and collaborating entities. This may include outreach to schools, students and their families, CRPs, scheduling events, and sharing information and resources. c. "CRP" or "Community Rehabilitation Program", means provider which provides vocational rehabilitation service to individuals with disabilities to enable those individuals to maximize their opportunities for employment. d. "Contractor" means Jefferson County. e. "County" means the political subdivision of the State of Washington, named above, performing services pursuant to this Program Agreement and includes the County's officers, employees, and authorized agents. f. "County Coordinator" means the official developmental disabilities program coordinator or their designee. g. "DDCS" means the Developmental Disabilities Community Services, within the Department of Social and Health Services. h. "DVR" means Division of Vocational Rehabilitation, within the Department of Social and Health Services. i. "Indirect Costs" means all costs associated with being an employee of your county, including but not limited to the cost of paper, pens, copier machine needs, cellphones, laptops, etc. j. "School-to-Work" means a seamless transition for students with intellectual/developmental disabilities from school to adult services through employment and connecting students to the necessary resources for success. k. "Staffing" means the amount associated with the direct staff time spent on School to Work efforts. This may include direct salary, benefits package. I. "Student" means an individual with an intellectual/developmental disability who will be exiting their final year of their high school transition program, ages 20 to 22. m. "Transportation" means the reimbursement of mileage to travel in your county when carrying out work towards developing the School-to-Work program. 2.Purpose. The purpose of this Contract is to provide support and reimbursement to counties to develop and establish a School-to-Work program which will provide employment related services to Students with intellectual/developmental disabilities who will be exiting their high school transition program, ages 20 to 22. 3.Period of Performance. The term of this Contract shall be twelve (12) months, starting July 1, 2025 and ending June 30, 2026. This Contract cannot be extended beyond June 30, 2026. 4.Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 2 Special Terms and Conditions necessary for or incidental to the performance of work, as set forth below: Create a county-wide School-to-Work program. The Contractor shall establish a person who will lead county School-to-Work transition efforts. This may be an existing staff member or hiring a new staff member. Contractor shall be reimbursed for costs incurred performing the below objectives: a. Staffing 1) Hire staff to establish relationships with schools, DVR, DDCS, CRPs, Students, parents and others who support Students in their last year of transition as they move towards employment in the community, OR; 2) Establish amongst current staff who shall be the County representative to establish relationships with schools, DVR, DDCS, CRPs, Students, parents, and others who support Students in their last year of transition as they move towards employment in the community. 3) Invoicing/Billing: Contractor shall submit a monthly invoice of billable hours of staff with copy of proof of payment. b. Indirect Costs 1) Indirect Costs may include, but are not limited to; the cost of copiers, paper, pens, supplies, celiphones, internet access, and/or computers needed in order to perform the services outlined in this contract. 2) Admin/Support Staff shall be encompassed into Indirect Costs. Admin/Support staff may include, but is not limited to; a) Fiscal b) Human Resources c) Information Technology (IT) d) Clerical Support 3) Invoicing/Billing: Contractor shall submit a monthly invoice that includes a line item for Indirect Costs, expressed as percentage rate that shall not exceed 27.38%, and will not exceed actual costs of all billable items for the month. An example has been provided below for reference: 3,500 staffing 600 Training and resources 80 transportation 750 for office space 4,930 Sub total for deliverables 10% Indirect cost 493 total indirect costs a) 5,423 Total Reimbursement DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 3 Special Terms and Conditions c. Transportation 1) The Contractor shall track transportation of staff mileage associated with Students in School-to- Work through travel logs. 2) Invoicing/Billing: Contractor shall submit a monthly invoice that includes a travel log capturing mileage needed for the development of the School-to-Work program, paid at the rate identified in SAAM 10.90.20 at the time of billing. d. Community Outreach/Information and Education 1) Efforts to connect with communities and schools across the county are expected to start and grow the School-to-Work program. It is expected that these efforts shall be the primary focus and/or part of the established or new staff. 2) Invoicing/Billing: Contractor shall submit billable hours for staff following guidelines in Section 3. a.( 3) Staff and billable mileage following guidelines in Section 3.c.(2) Transportation. 5.Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract is up to a maximum of$43,000.00, including any and all expenses, and shall be based on the information in Exhibit B — Estimated Bi-Annual Budget. a. Amendments to the consideration for this Contract are acceptable through mutual agreement of both parties. 6.Deliverables. The Contractor shall submit reports, documents, receipts, and/or summaries monthly to the School-to- Work/Transition Program Manager for review. The School-to-Work/Transition Program Manager shall verify the submittals are accurate and correct as specified in Section 4, Statement of Work. If any discrepancies arise upon reviewing Program Development submittals, DVR may, at its sole discretion, withhold payment until the discrepancies are addressed by the Contractor and approved by School-to- Work/Transition Program Manager. 7.Monitoring. The Contractor shall meet with the School-to-Work/Transition Program Manager semi-annually, on dates mutually agreed upon by both parties, to discuss the performance of this Contract. Topics of discussion include, but are not limited to; unresolved issues, potential amendments, and/or any assistance that is needed. 8.Billing and Payment. a. Invoice System. The Contractor shall submit invoices using State Form A-19 Invoice Voucher, or such other form as designated by DSHS. Consideration for services rendered shall be payable upon receipt of properly completed invoices which shall be submitted to School-to-Work/Transition Program Manager by the Contractor by the 15th of each month. The invoices shall describe and document to DSHS' satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees. b. Payment. Payment shall be considered timely if made by DSHS within thirty (30) days after receipt and acceptance by School-to-Work/Transition Program Manager of the properly completed invoices. Payment shall be sent to the address designated by the Contractor on page one (1) of this Contract. DSHS may, at its sole discretion, withhold payment claimed by the Contractor for DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 4 Special Terms and Conditions services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 9.Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: 1) ( I The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or 2) L The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) —to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 5 Special Terms and Conditions Exhibit A — Data Security Requirements 1.Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (https://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197-upol.pdf). b. "Authorized Users(s)" means an individual or individuals with a business need to access DSHS Confidential Information, and who has or have been authorized to do so. c. "Business Associate Agreement" means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information. d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences may arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service Publication 1075 (https://www.irs.gov/pub/irs-pdf/p1075.pdf); Substance Abuse and Mental Health Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20. e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace. f. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. g. "FedRAMP" means the Federal Risk and Authorization Management Program (see www.fedramp.gov), which is an assessment and authorization process that federal government agencies have been directed to use to ensure security is in place when accessing Cloud computing products and services. h. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 6 Special Terms and Conditions i. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones, most tablets, and other form factors. j. "Multi-factor Authentication" means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a series of numbers which act as a password for a device. Since PINs are typically only four to six characters, PINs are usually used in conjunction with another factor of authentication, such as a fingerprint. k. "Portable Device" means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device. I. "Portable Media" means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have been removed from a computing device. m. "Secure Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non-authorized staff such as janitorial or facility security staff, when authorized Contractor staff are not present to ensure that non-authorized staff cannot access it. n. "Trusted Network" means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DSHS Data on that network. Controls would include a firewall between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data. o. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Authority. The security requirements described in this document reflect the applicable requirements of policies and standards of the Washington Technology Services Agency https://watech.wa.gov/policies?combine=&field categories target id=80&field type target id=All), and of the DSHS Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dshs.wa.gov/ffa/keeping-dshs-client-information- private-and-secure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services. 3.Administrative Controls. The Contractor must have the following controls in place: DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 7 Special Terms and Conditions 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, 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, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data. 4.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. Passwords that increment by simply adding a number are not considered significantly different. 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: DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 8 Special Terms and Conditions 1) Ensuring mitigations applied to the system don't allow end-user modification. 2) Not allowing the use of dial-up connections. 3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS 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. 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. 5.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 DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 9 Special Terms and Conditions 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 8 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: 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. DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 10 Special Terms and Conditions 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 8 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 8 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 attests 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 and/or DSHS. f) The Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DSHS or Contractor networks. g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor's network. DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 11 Special Terms and Conditions 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 FedRAMP certified. 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. 6.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. 7.Data Segregation. a. DSHS 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. And/or, 2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, 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. 8.Data Disposition. When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 12 Special Terms and Conditions Data stored on: Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single Removable media (e.g. floppies, USB flash drives, 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 Information On-site shredding, pulping, or incineration requiring special handling (e.g. 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 9.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. 10. 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. DSHS Central Contract Services 6017CF County Program Agreement(10-31-2017) Page 13 Exhibit B: Estimated Bi-Annual Budget County: Jefferson July 1, 2025 to June 30, 2026 Objectives Estimated Budget Staffing 4,986.34 Indirect Costs 9,242.74 Community Outreach/Information and Education 28,770.92 Total $43,000.00 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Heather Dudley-Nollette, County Commissioner DATE:Li !Sir 2oZ6 RE: DISCUSSION of Survey design and frequency STATEMENT OF ISSUE: The Board of County Commissioners (BoCC) and county staff had previously discussed the implementation of a series of short surveys that could be offered to Jefferson County residents as a tool for engaging feedback on a variety of topics. To test the use of a short-survey tool, an initial survey was offered at the Jefferson County information table at the Connectivity Summit event on March 27-29, 2026. The county's Communications Specialist published this initial survey on Jefferson County's Facebook and Instagram pages a few days before the event, and a paper version was also made available at the event on March 28 and 29. On April 6, 2026, the Board of County Commissioners, County Administrator, Central Services Director, and Communications Specialist held a debrief of Connectivity Summit survey results. The discussion also included best practices for survey design and the desire to discuss future survey opportunities. FISCAL IMPACT: If the surveys are conducted using current software, there will be no significant fiscal impact except the use of staff time to design, draft, publish and report the survey results. RECOMMENDATION: Decide whether the BoCC would like to publish a regular community survey. If so, discuss frequency, which survey tool(s) to use, how the surveys should be designed, and how the questions will be selected. REVIEWED BY: C2IPP Jos, D. Peters, County Administrator Date JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Adiel McKnight, Deputy Clerk of the Board DATE: May 18, 2026 SUBJECT: PROCLAMATION re: Proclaiming the Week of May 16-22, 2026 as National Safe Boating Week STATEMENT OF ISSUE: National Safe Boating Week 2026 runs from May 16-22, 2026, acting as the official kickoff to the summer boating season and promoting responsible on-water behavior. The campaign focuses on essential safety tips, including wearing life jackets, checking weather, and taking safety courses. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: Approve Proclamation re: Proclaiming the week of May 16-22, 2026 as National Safe Boating Week. REVIEWED BY: 5/13q Josh . Peters, County Administrator Date PROCLAMATION National Safe Boating Week WHEREAS, for over 100 million Americans, boating continues to be a popular recreational activity; and WHEREAS, from coast to coast, and everywhere in between,people are taking to the water and enjoying time together boating, sailing, paddling and fishing; and WHEREAS, during National Safe Boating Week, the U.S. Coast Guard and the National Safe Boating Council, along with federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters responsibly; and WHEREAS, safe boating begins with preparation. The Coast Guard estimates that human error accounts for most boating accidents and that life jackets could prevent nearly 75 percent of boating fatalities; and WHEREAS,through basic boating safety procedures—carrying lifesaving emergency distress and communications equipment, wearing life jackets, attending safe boating courses, participating in free boat safety checks, and staying sober when navigating—we can help ensure boaters on America's coastal, inland, and offshore waters stay safe throughout the season; and WHEREAS,National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water throughout the year; and WHEREAS,on average, 650 people die each year in boating-related accidents in the U.S.; 75 percent of these are fatalities caused by drowning; and WHEREAS,he vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; NOW, THEREFORE,BE IT RESOLVED THAT Jefferson County Board of Commissioners support the goals of the Safe Boating Campaign and proclaim May 16-22, 2026, as National Safe Boating Week In Jefferson County and encourage all visitors and residents to join all those who boat to practice safe boating habits and wear a life jacket at all times while boating. PROCLAIMED this 18th day of May 2026. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Greg Brotherton, Chair ATTEST: Heather Dudley-Nollette, Member Carolyn Gallaway, CMC, Clerk of the Board Heidi Eisenhour, Member JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Shawn Frederick, Central Services Director DATE: May 18,2026 RE: Workshop of Artificial Intelligence Policy STATEMENT OF ISSUE: Artificial Intelligence has become a tool integrated into nearly every software platform used to conduct business in the modern world. It is vital the county take appropriate steps to monitor the use of AI at work to protect sensitive information. The county also needs to take intentional steps to improve staffs ability to recognize the appropriate use of AI tools and develop processes that lead to more efficient public services ANALYSIS: Work on the AI policy began nearly two years ago and has gone through several iterations prior to being submitted to the PAO office for review.The proposed Al Policy relies for completeness on the Darwin Al Organizational Policy (also attached),which was developed by adding inputs to the Darwin GovernTM Al Policy Wizard https://www.darwingov.com/ai-policy-wizard). In addition, important protections were developed using the references in Appendix A of the proposed policy.This proposed policy, if adopted will be used to configure guardrails for the Darwin Govern system allowing for effective monitoring of AI tools within the county system. FISCAL IMPACT: N/A RECOMMENDATION: The Board of County Commissioners adopt by resolution the attached Artificial Intelligence policy. REVIEWED BY: 5(13(36 Josh •. Peters, County Administrator Date STATE OF WASHINGTON County of Jefferson In the Matter of Adopting the Jefferson County Artificial Intelligence Acceptable RESOLUTION NO. XX-XXXX-XXR Development and Use Policy WHEREAS, generative artificial intelligence (AI)represents a significant leap forward in technology, by generating novel text, images, and other content, which has the capacity to transform the way Jefferson County conducts business and serves the public; and, WHEREAS, generative AI can enhance human potential and creativity but must be deployed and regulated carefully to mitigate and guard against a new generation of risks, harms, and perpetuation of existing inequities; and, WHEREAS, Jefferson County is committed to accuracy, reliability, and ethical outcomes when adopting generative AI technology, and serving all of those who reside, work, and do business in Jefferson County in a transparent, engaged, and equitable way; and, WHEREAS, Jefferson County seeks to realize the potential benefits of generative AI through the deployment of generative AI tools that improve the equitable and timely delivery of services, while balancing the benefits and risks of these new technologies; and, WHEREAS, a generative AI policy is necessary to govern the development, deployment, management and use of generative AI use in Jefferson County government affairs in a thoughtful manner that upholds the public trust, ensures safety and security, and promotes ethical standards; 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 adopt the Jefferson County Artificial Intelligence Acceptable Development and Use Policy. Section 3. Adoption of the Jefferson County Artificial Intelligence Acceptable Development and Use Policy. The Jefferson County Artificial Intelligence Acceptable Development and Use Policy is hereby adopted. Section 4. Repealing and Replacing Any Inconsistent Policy that Addresses the Topic of this Ordinance. This Ordinance controls over any other ordinance, resolution or policy on the same topic. Section 5. Severability. If any section, subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this 1 Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 7. Effective Date. The Ordinance becomes effective upon the dated of adoption. Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800 (19). SIGNATURES FOLLOW ON THE NEXT PAGE) 2 APPROVED and ADOPTED this day of 2026. JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg Brotherton, Chair SEAL: Heidi Eisenhour, Member Heather Dudley-Nollette, Member ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 3 JEFFERSON COUNTY ARTIFICIAL 02i°n: April l5, INTELLIGENCE ACCEPTABLE DEVELOPMENT AND USE POLICY This AI Policy governs all uses of artificial intelligence by or on behalf of Jefferson County, Washington. Document Code No.: Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page ii of ii TABLE OF CONTENTS TABLE OF CONTENTS ii 1) INTRODUCTION 1 2) PURPOSES 1 3) GUIDING PRINCIPLES AND VALUES 4) DEFINITIONS 3 5) APPLICABILITY OF THIS AI POLICY 8 6) Compliance with Existing Laws and Policies 8 7) Prohibited uses of an AI System 9 8) PUBLIC RECORDS ACT COMPLIANCE 11 9) architectural and technical STANDARDS 11 10) ROLES AND RESPONSIBILITIES 11 11) AI SYSTEM AND USE CASE APPROVAL PROCESS 13 12) PROCEDURES 16 13) CONSEQUENCES FOR NONCOMPLIANCE 18 14) LIMITATIONS OF THIS AI POLICY 18 APPENDIX A: REFERENCES 20 APPENDIX B: RELEVANT COMPLIANCE REQUIREMENTS 22 APPENDIX C: Records protected from disclosure that should not be used in an ai system 23 Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 1 of 23 JEFFERSON COUNTY ARTIFICIAL INTELLIGENCE ACCEPTABLE DEVELOPMENT AND USE POLICY 1)INTRODUCTION Artificial Intelligence (AI) technology is increasingly becoming an integral part of local government operations, offering opportunities to enhance the efficiency and effectiveness of public services. At the same time, the use of AI also presents ethical, legal, and social challenges that require responsible management. This AI Policy provides a framework for the effective and responsible use of AI systems within the County, to maximize the benefits of these innovative tools while minimizing their potential risks to both the County and the public. 2)PURPOSES The purposes of this AI Policy are to: A. Ensure ethical and responsible development, deployment, and use of AI technology in the County, ensuring they are in alignment with the principles of transparency, fairness, accountability, and public trust. B. Enable effective use of AI technology by providing clear guidance to the County personnel, vendors, and other partners who work with AI systems. C. Inform community members and other stakeholders about how the County is utilizing AI technology and what measures it is taking to protect the public from potential adverse consequences of these systems. D. Promote responsible and ethical use of AI technology by defining the principles and values that govern the application of this technology within the County. E. Ensure the compliance of AI systems with all applicable federal, state, and local laws and regulations as well as existing the County policies. F. Assign roles and responsibilities related to the County's use of AI systems. G. Establish processes that encourage effective and responsible use of AI systems. H. Define prohibited uses of AI systems. I. Specify measures which may be taken in the event of failure to comply with these policies. This AI Policy may be updated from time to time to account for changes in AI technology, laws and regulations, uses of AI systems within the County, and other considerations. In addition, the Central Services Director may publish an AI User Guide to provide more detailed guidance on how the requirements of this AI Policy is to be implemented. Unless otherwise stated, Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 2 of 23 any such additional guidance should be considered an extension of this AI Policy and carry the same requirements for compliance. 3)GUIDING PRINCIPLES AND VALUES The County's AI development, deployment, and use of artificial intelligence systems shall be guided by the following guiding principles and values: a) We expect to retain appropriate human agency and oversight,allowing for intervention to prevent harm. b) We expect to use internal and external security testing of systems before public release for high-risk artificial intelligence systems. c) We expect to protect data privacy and security. d) We expect to promote appropriate transparency for consumers when they interact with artificial intelligence systems or products created by artificial intelligence. e) We expect to ensure accountability, considering oversight, impact assessment, auditability, and due diligence mechanisms. f) We expect to make AI accessible to all residents, including those with disabilities or limited access. g) We expect to govern the deployment and maintenance of AI systems with human oversight ensuring adherence to relevant laws and regulations and by defining roles and responsibilities. h) We expect to implement measures to detect and mitigate biases in order to prevent harm. i) We expect to continuously monitor and enhance AI systems based on feedback and technological advancements. j) We expect proper management, quality,and stewardship of data used by AI systems. k) We will promote digital literacy among residents to help them understand and engage with AI systems. 1) We expect AI systems reliable, meet their objectives, and deliver precise and dependable outcomes in their deployment contexts; m) We expect AI decisions to be understandable to those affected. n) We expect AI systems to prevent discrimination and bias,ensuring fair treatment for all residents. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 3 of 23 o) We expect AI systems should be developed and deployed with a human- centered approach that evaluates their impact on the public. p) We expect technological innovation to be embraced responsibly while minimizing environmental impact. q) We expect AI systems to comply with all relevant laws and regulations. r) We expect privacy concerning personal data to be protected, while satisfying the requirements of the Washington Public Records Act, chapter 42.56 RCW. s) We expect AI systems to comply with data protection laws. t) We expect AI systems not to cause harm and to prioritize the safety of residents. u) We expect AI systems to be secure against unauthorized access and ensure consistent performance. v) We expect the use of AI systems to be proactively communicated to the public, ensuring that AI systems,their data sources,operational models,and governing policies are understandable and documented. w) We expect Staff to be empowered to use AI in their roles through education,training, and collaborations that promote participation and opportunity. These guiding principles and values are the inspiration for this AI Policy,and AI users are expected to incorporate these same motivations in the implementation of this AI Policy. While the ideal course of action may not be obvious or practical in every circumstance,this AI Policy is designed to offer guidance to help AI users responsively navigate the use of AI systems. 4)DEFINITIONS a)"Artificial Intelligence" (or"Al")' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to: i) Perceive real and virtual environments; ii) Abstract such perceptions into models through analysis in an automated manner; and, iii) Use a model to formulate options for information or action. I Slightly modified, this is the definition from the National Artificial Intelligence Initiative Act of 2020, 15 U.S.0 section 9401. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 4 of 23 b) "AI best practices" means the best practices described in National Cyber Security Centre, Best Practices for Securing Data Used to Train & Operate AI systems, Ver. 1.0 (May 2025). c) "AI model" means a set of programmed instructions that processes data to perform tasks, make decisions, or solve problems within an AI system. d) "AI Policy" means this Jefferson County Artificial Intelligence Acceptable Development and Use Policy. e) "AI System"2 means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments and includes any tool, software, process, workflow, or other system which is based on AI or which uses an AI tool. f) "AI Tool" means a piece of software which provides AI functionality and can be applied to a specific use case. g) "AI Use Case" means specific task or purpose for which an AI tool is used or under consideration. h) "AI User" means any person is using, developing, purchasing, configuring, or maintaining any AI used by or for the County, including contractors, consultants, elected officials, employees, and volunteers. i) "AI User Guide" means a document which supplements an AI Policy with more detailed guidance on how to implement this AI Policy. j) "Bias" means systematic tendencies that can exist within AI systems, often stemming from flawed data, algorithms, or design processes, that may lead to discriminatory or inaccurate outcomes affecting certain groups or persons. k) "Central Services" means the County Central Services Department. 1) "Central Services Director" means the person holding the title of Director of Central Services or a delegee that has been delegated in writing. m) "Chatbot" means a computer program that simulates human conversation through text or voice interactions. 2 For greater precision, this defmition was modified, using Colorado's AI Act, Colo. Rev. Stat. § 6-1-1701 (Lexis Advance through Chapter 22 of the 2026 Regular Session,effective as of March 26,2026). Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 5 of 23 n) "Consequential decision"3 means a decision that has a material legal or similarly significant effect on, or the cost of: i) Hiring or retention of a contractor, employee, vendor or volunteer; ii) Any budget decision; iii) The provision of any essential government service; iv) Health care (as defined in this AI Policy); v) Risk management, including but not limited to obtaining coverage for any risks by an insurance company or a self-insurance program; or, vi) The provision of legal services. o) "County" means the County, Washington. p) "County Approved AI system" means an AI system approved for use by AI users as specified in section 7.a. q) "Data" means any digital representation of information, knowledge, facts, concepts, data programs or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system. r) "Health care provider"4 means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession. s) "Health care"' means any care, service, or procedure provided by a health care provider: i) To diagnose, treat, or maintain a patient's physical or mental condition; or, ii)That affects the structure or any function of the human body. t) "Health care information" means all information about health care that is protected from disclosure by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, 45 C.F.R. Parts 160 and 164, Chapter 70.02 RCW (Medical Records—Health Care Information Access and Disclosure) or RCW 42.56.360 (Health care Adapted from the Colorado AI Act,Colo. Rev.Stat. §6-1-1701 (2026). a Definition from RCW 70.02.010(19). 5 Definition from RCW 70.02.010(15). Document Code No.: Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 6 of 23 exemption from disclosure of records under the Washington Public Records Act). u) "High-risk AI system"6 means any AI system that, when deployed, makes, or is a substantial factor in making, a consequential decision. High-risk AI system" does not include an AI system if: i) The AI system is intended to: A) Perform a narrow procedural task; B) Detect decision-making patterns or deviations from prior decision-making patterns and is not intended to replace or influence a previously completed human assessment without sufficient human review; ii) The AI system uses the following technologies, unless the technologies, when deployed, make, or are a substantial factor in making, a consequential decision: iii) Anti-fraud technology that does not use facial recognition technology; iv) Anti-malware; v) Anti-virus; vi) AI-enabled video games; vii) Calculators; viii)Cybersecurity; ix) Databases; x) Data storage; xi) Firewall; xii) Internet domain registration; xiii)Internet website loading; xiv)Networking; 6 Adapted from the Colorado AI Act,Colo. Rev. Stat. §6-1-1701 (2026). Document Code No.: Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 7 of 23 xv) Spam- filtering; xvi)Robocall-filtering; xvii) Spell-checking; xviii) Spreadsheets; xix)Web caching; xx) Web hosting or any similar technology; or, xxi)Technology that communicates with consumers in natural language for the purpose of providing users with information, making referrals or recommendations, and answering questions and is subject to County policy that prohibits generating content that is discriminatory or harmful. v) "IT" means the Jefferson County Information Technologies Department, a division of Central Services. w) "Public Record" has the same meaning as in RCW 42.56.010(3).7 x) "Risk management" means coordinated activities to direct and control an organization with regard to risk. y) "Section" means a section of this AI Policy, unless there is clear language in this AI Policy that a section of this AI Policy does not apply. z) "Substantial factor"8 means a factor that: A) Assists in making a consequential decision; B) Is capable of altering the outcome of a consequential decision; and, C) Is generated by an AI system. Public record' includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.For the office of the secretary of the senate and the office of the chief clerk of the house of representatives,public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions;reports submitted to the legislature;and any other record designated a public record by any official action of the senate or the house of representatives. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who: a)Do not serve in an administrative capacity; b)Have not been appointed by the agency to an agency board,commission,or internship;and c)Do not have a supervisory role or delegated agency authority."RCW 42. 56.010(3). Adapted from the Colorado AI Act,Colo.Rev. Stat. § 6-1-1701 (2026). Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 8 of 23 Substantial factor" includes any use of an AI system to generate any content, decision,prediction, or recommendation concerning consequential decision. aa) Writing" has the same meaning as in RCW 42.56.010(4).9 5)APPLICABILITY OF THIS AI POLICY a) This AI Policy governs the development, procurement or use of any AI systems (as defined in this AI Policy) by or on behalf of the County. b) All County boards, commissions, committees, departments, and task forces shall comply with this AI Policy. c) This AI Policy applies to: i) Agents, contractors, elected officials, employees, officers, vendors and volunteers of the County who operate on behalf of the County; and, ii)All AI users (as defined in this AI Policy). d)This AI Policy does not apply to any AI system which: i) Has been evaluated and determined in writing by the Central Services Director to be safe for unrestricted usage; ii)Has AI features included in applications maintained by Central Services, which are not part of the AI feature's core functionality or involve the use of sensitive data; and, iii) That is only are for personal use, outside of work hours, and that does not use the County resources, including but not limited to computers or servers owned or operated by the County. 6)COMPLIANCE WITH EXISTING LAWS AND POLICIES Development and use of AI systems shall comply with: a) All applicable federal, state, and local laws and regulations; and, b) All County policies, including but not limited to: 9 "`Writing' means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including,but not limited to,letters,words,pictures,sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture,film and video recordings,magnetic or punched cards,discs,drums,diskettes,sound recordings,and other documents including existing data compilations from which information may be obtained or translated."RCW 42.56.010(3). Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 9 of 23 i) Jefferson County Social Media Policy (Resolution No. 14-20, March 16, 2020). ii) Jefferson County Public Records Act Compliance Policy (Resolution No. 10- 22,February 28,2022). iii) Open Public Meeting Act Guidelines for Jefferson County Boards, Commissions & Committees (Resolution No. 50- 22, October 24, 2022). iv) Jefferson County Personnel Administration Manual (Resolution No. 19-0407- 25R, April 7, 2025). 7)PROHIBITED USES OF AN AI SYSTEM a) The following AI systems are approved for use by the persons subject to this AI Policy listed in section 5, subject to the limitations in this section 7: i) Microsoft's Enterprise AI system called Co-Pilot(which is part of the Microsoft 360 suite of programs) is the only AI system to be used for generative AI that is approved for use by AI users (as defined in this policy). ii) The Central Services Director shall maintain a list of any other approved AI systems. b)Use of an AI system on a County-owned computer, server or system that is not approved pursuant to this AI Policy is prohibited. c)Use of any high-risk AI system (as defined in this AI Policy) is prohibited. d)Use of an AI system on a County-owned computer, server or system to create any deepfake, which is an image created by using machine learning to capture and encode unique biometric characteristics of targets to combine the subject's unique characteristics with the acquired knowledge of general human expression in order to then synthesize the target's facial features, voice, mannerisms, etc. is prohibited. e) Entry any of the following data into an AI system is prohibited: i) Personal financial information for any individual. This includes credit card number, bank account number, PIN numbers, and any other financial information. ii) Authentication information. Inputting any passwords, login credentials, or other authentication information into an AI system is prohibited. iii) Personally Identifying Information. Inputting any personally identifying information into an AI system is prohibited. Personally identifying information includes name, address, phone number, email address, social Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 10 of 23 security number, passport number, driver's license number, and any other information that can reasonably be used to identify an person. iv) Health care information (as defined in this AI Policy). v) Sensitive or confidential information. This includes any information that could be used or disclosed to harm the County or its employees or volunteers, or residents such as information about political affiliations, religious beliefs, membership in a protected class, criminal history, or information related to the County information system. vi) Any information exempted from disclosure by the Public Records Act, chapter 42.56 RCW or some other federal or state statute, including but not limited to: A) Attorney-client privileged records relating to representation of the County by its attorneys. The attorney-client privileged records are protect communications and advice between an attorney and their client. RCW 5.60.060(2)(a) constitutes an "other statute' exemption under RCW 42.56.070(1) B) Attorney work product records. Attorney work product records are: Records that are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under [the Public Records Act]." RCW 42.56.290. C) Autopsy records. Autopsy and post mortem reports and records are confidential and exempt from examination by the public. RCW 68.50.105(1). D) Records related to juvenile offenses. RCW 13.50.050(1), (3). E) Records of a person confined in jail. RCW 70.48.100(2). F) Personal information in files maintained for County employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy. RCW 42.56.230(3). G) Specific intelligence information. Secret information, information about an enemy, or conclusions drawn from such information or that would disclose particular methods or procedures for gathering or evaluating intelligence information. RCW 42.56.240(1). H) Specific investigative records. Information on active ongoing law enforcement investigations. RCW 42.56.240(1). Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 11 of 23 I) Records protected by an "other statute which exempts or prohibits disclosure of specific information or records." RCW 42.56.070(1). A list of"other statutes" is attached as Appendix D. 8)PUBLIC RECORDS ACT COMPLIANCE Any product created by any AI system necessarily will be a "public record," as defined in RCW 42.56.010(3). All public records shall be managed in compliance with chapter 40.14 RCW Preservation And Destruction of Public Records), chapter 42.56 RCW(Public Records Act), and the County's most recent version of the Jefferson County Public Records Act Compliance Policy. 9)ARCHITECTURAL AND TECHNICAL STANDARDS The architectural and technical standards associated with the enterprise use of AI systems shall be maintained by IT. 10) ROLES AND RESPONSIBILITIES The following persons and groups are responsible for the duties involved in implementing this AI Policy, as described below: a) Central Services Director. The Central Services Director shall be responsible for: i) Providing a public report at least annually to the Board of County Commissioners on County AI usage. ii) Developing this AI Policy and additional guidance. iii) Coordinating AI initiatives across departments and teams. iv) Overseeing compliance with laws, regulations and County policies. v) Providing guidance to AI users across the organization. vi) Convening and overseeing the AI Working Group. vii) Leading the AI review process. viii)Directing technology resources, policies, projects, and services. ix) Approving AI Policy and related guidance. x) Facilitating collaboration between teams and departments for successful implementation of this AI Policy. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 12 of 23 xi) Overseeing enterprise security infrastructure and cybersecurity operations. xii) Maintaining security policies, procedures, standards, and guidelines. xiii)Monitoring compliance with security policies and related requirements. xiv)Ensuring accurate data sensitivity classification and protections. xv) Advising on compliance on AI usage. xvi)Identifying legal issues and risks related to AI usage. xvii) Investigating alleged violations of this AI Policy and recommend corrective actions. b)AI Review Committee The Board of County Commissioners shall establish an AI Review Committee with department representatives which shall be make recommendations to the Central Services Director on oversight and guidance on AI initiatives within the County. The AI Review Committee shall review and consider updates to this AI Policy at least annually to reflect technological advancements and evolving community needs. The AI Review Committee shall be responsible for making recommendations to the Central Services Director on the following topics: i) AI systems being considered for use by the County. ii) Ethical concerns and conflicts. iii) Policy and guidance updates. c)County Administrator The County Administrator shall be responsible for: i) Approving proposed changes to this AI Policy. ii) Making a final determination whether to allow AI use cases which involve substantial risks of harm or other negative consequences. iii) Enforcing corrective action for violations of this AI Policy. d)Electeds and Department Heads Electeds and department heads or a delegee shall be responsible for: Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 13 of 23 i) Ensuring employee, contractor and vendor compliance with this AI Policy. ii) Integrating AI systems into department operations that comply with this AI Policy. iii) Facilitating training for staff on this AI Policy and AI best practices (as defined in this AI Policy). Unless otherwise specified, the specific officials listed above may delegate to one or more persons to act on their behalf with respect to this AI Policy, and in such cases those designees are understood to inherit the same authorities and obligations as the named officials. e)AI Users i) All AI users are responsible for complying with the requirements of this Al Policy. ii) All AI users have the responsibility to verify the accuracy of any information acquired through the use of AI systems before using that information in any final, published, or production documents. 11) AI SYSTEM AND USE AND CASE APPROVAL PROCESS a) AI Systems Review Process The Central Services Director shall establish a process under which all AI systems and AI Use Cases are subject to a thorough review to determine their compliance with this AI Policy prior to their implementation. The review process shall: i) Confirm compliance with the specific requirements and prohibitions established under this AI Policy; ii) Consider the relative benefits and risks of each system or use case and determine whether or not approval is reasonable and aligned with the values and principles in this AI Policy; iii) Specify the intended use cases of those systems and whether or not other use cases require additional review; iv) Document the results of each review using a standard template, which results shall be retained for either the full lifespan of the AI system or use case or the retention period required under law for similar documents (whichever is longer). b)Determination of High Risk Potential Negative Impacts Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 14 of 23 i) The Central Services Director shall create a standard for determining whether or not a particular AI system or AI use case has a high risk of potential negative impacts to any relevant person, group, or organization. ii) A high-risk determination,that AI system or use case shall be presented to the full AI Review Committee for approval. iii) Lower-risk AI systems and use cases may be approved by the Central Services Director at their discretion. iv) The Central Services Director shall revisit all previously-approved AI systems and use cases at least annually, or sooner in the event of substantial modifications(such as a major software upgrade or change in scope), and confirm in writing to the County Administrator the continued compliance and reasonableness of the AI system or use case. c)Monitoring,Evaluation, and Accountability i) The Central Services Director shall be responsible for implementing AI systems to monitor AI system performance,effectiveness, and policy compliance. The data collected from these AI systems shall be periodically reviewed to evaluate the effectiveness of AI systems and their impacts on the community. ii) The Central Services Director shall establish procedures and protocols for responding to failures of AI systems and violations of this AI Policy, including corrective actions with regard to both the AI systems themselves and the persons and organizations involved. iii) Upon the recommendation of the Central Services Director, Central Services Director, and/or County Administrator, independent audits shall be conducted to review AI systems for compliance with policies and ethical standards. Findings from audits and evaluations shall be used to refine AI policies, improve AI system functionalities, and determine any additional training or accountability requirements. d)Data Management, Privacy, and Retention All AI systems shall comply with applicable data protection laws, regulations, and policies to safeguard data protected by this AI Policy. e)Mitigation of Bias and Human Oversight All AI users shall be responsible for taking steps to mitigate potential biases(including but not limited to biases related to protected characteristics such as race, gender, sexual orientation,national origin, disability, or language)in AI systems they interact with, in Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 15 of 23 accordance with training and recommendations provided by the Central Services Director. f) Transparency and Explainability Upon the consideration or introduction of a new AI system which is likely to have major public impact, the Central Services Director shall ensure that key information is provided to affected groups and other stakeholders in a timely manner. Such information shall be provided in multiple formats or languages if necessary, consistent with the County's practice in communicating To the greatest extent possible,AI systems should provide clear and understandable explanations for their decisions and outputs,particularly in cases where erroneous results may create a risk of substantial negative impacts. g)Training i) All users shall be provided with regular training on Al technologies, ethical considerations, and compliance requirements to ensure knowledgeable and responsible use of AI systems, as recommended by the Central Services Director. ii) The Central Services Director shall develop specific training requirements and content for users granted access to high-risk AI systems and associated data, focusing on compliance with this AI Policy and other associated laws, regulations, policies, and AI best practices. iii) These trainings shall be updated on a regular basis to ensure their accuracy and relevance, and users' continued access to high-risk AI systems and data shall be contingent upon completion of additional required trainings determined by the Central Services Director. h)Vendors and Third Parties i) All vendors and other third parties who provide or interact with AI systems shall be required to comply with this and all other applicable policies, and this compliance shall be explicitly included in all relevant contracts and similar agreements. ii) All technology vendors shall be required to disclose whether and how AI is used in their products and services, and what mechanisms they provide to allow for auditing these AI systems. These disclosures shall be provided using a standard form developed and maintained by the Central Services Director and required in all technology procurements. iii) Vendors shall be evaluated based on their commitment to responsible AI development and their history of adherence to ethical standards, and preference in procurement decisions shall be given to vendors which can Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 16 of 23 effectively provide transparency into their AI systems and practices to both the County and the public. i) Labeling of AI-generated Content All content generated by AI systems and presented to the public shall be clearly labeled as such. This shall include all text, audio, image, and video content, as well as interactive AI systems such as chatbots and automated decision-making tools. All persons involved in disseminating content generated by an AI system on behalf of the County shall be responsible for ensuring the accuracy of such content and its appropriate labeling. The Central Services Director or designee shall establish standard mechanisms for the County personnel and members of the public to report violations of this labeling requirement. 12) PROCEDURES a)Attribution i) The use of AI systems and the resulting product(s) shall be attributed, referenced, and cited in any electronic or paper material produced and published by anyone subject to this AI Policy. ii) Attribution should include a description of the source application, how it was used, how the material was edited, by whom, and the date. For example: Microsoft Co-Pilot was used to generate the charts and data referenced above. The content was reviewed and edited before being published by Sam Smith, Jefferson County Public Works Department, on 04/15/2026." b)Intellectual Property Content produced by AI systems may implicate intellectual property rights and likely will include copyrighted material. AI systems shall be "trained" using Data(text, images, etc.) that has been sourced from the internet without regard for copyright or licensing terms. It is extremely difficult to determine what content was used to train an AI system, and difficult to verify whether AI-generated content is wholly original or only a slight stylization of existing copyrighted material.Nevertheless, County AI users are required to perform due diligence to ensure that no copyrighted material is published by the County without proper attribution or without obtaining proper rights. c)Validation Required i) Complex algorithms of AI systems exponentially increase risk when incomplete or inaccurate data is involved. AI systems shall be validated and regularly assessed to ensure completeness and accuracy. Results Document Code No.: Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 17 of 23 from decisions, code, or research supported by AI systems should consistently align with those of a human subject matter expert. ii) AI users shall verify the accuracy of any information acquired through the use of AI systems before using that information in any final, published, or production documents. If AI users are uncertain about the accuracy of the obtained information, they should consult their supervisor or seek advice from a IT. iii) AI users shall independently verify any quotes or references generated by AI systems. AI users shall not assume that a quote or reference is accurate, or real. AI systems rarely act as if they are uncertain, making false answers difficult to spot. AI systems can generate: A) Fabricated content, sometimes called "hallucinations." This is a phenomenon where an AI system, particularly those using large language models, generates false, inaccurate, or illogical information while presenting it in a confident, authoritative, and convincing manner. Fabricated content occurs when an AI system creates synthetic data, fabricates facts, or invents nonexistent sources. An AI system may invent fake academic papers, legal cases, scientific studies, or personal facts. B) Factual Errors: Stating incorrect facts, such as "Einstein won two Nobel Prizes." C) Image Distortions: AI systems can create anatomically incorrect figures (e.g., too many fingers). Verification shall include cross-referencing sources included in the AI output, or independently verifying dates, names and events in peer reviewed or authoritative published literature on the interne or printed material. d)Decision Making County departments shall utilize AI systems to enhance efficiency and effectiveness. AI systems can be used for idea generation and as one source of information when researching a topic. AI systems products shall be human reviewed and edited before usage in any final, published, or production documents. This is particularly important when the content is public facing. AI users shall be responsible for their use of AI systems and the application of any content or product in work tasks generated by AI systems. e)Equity and Inclusion While AI systems can reduce workloads, support capacity, and increase accessibility, the generated content reflects the cultural, economic, and social biases of the source materials used for training. The algorithms applied can be a source of bias as well. Applying Document Code No.: Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 18 of 23 principles from the equity and empowerment lens, AI users should thoroughly review any content generated by AI systems to ensure that any instances of bias, or potentially offensive or harmful material, is changed or removed. When it comes to the adoption of AI systems, the County's goal is to eliminate digital disparities and ensure that persons who belong to a protected class and those impacted by language or other accessibility barriers have equal access to and benefit from the County programs,activities,benefits,and services.To uphold this commitment,the County applies the equity and empowerment lens to address race,color,national origin,disability,religion, age, gender, sexual orientation, gender identity and expression, marital status, veteran status, source of income, or any other basis prohibited by federal, state, or local law. f) Final Requirements Under no circumstances is a County employee authorized to engage in any activity that is illegal under local, state, federal, or local law while utilizing County-owned resources. AI users shall comply with all applicable County policies and are required to read and understand them. Responsibilities for protecting County information do not end at the termination of employment. These responsibilities continue until the information is reclassified to be public. 13) CONSEQUENCES FOR NONCOMPLIANCE Departments shall ensure compliance with this AI Policy and are accountable for any AI systems deployed. Violations of this AI Policy shall be grounds for disciplinary action,up to and including termination of employment;and enforcement action which shall include civil or criminal penalties. 14) LIMITATIONS OF THIS AI POLICY1° a) Nothing in this AI Policy restricts the County or any other person's ability to: i) Comply with federal, state, or municipal laws, ordinances, or regulations; ii) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, a state, a municipal, or other governmental authority; iii) Cooperate with a law enforcement agency concerning conduct or activity that the developer, deployer, or other person reasonably and in good faith believes may violate federal, state, or municipal laws, ordinances, or regulations; 1'Adapted from the Colorado AI Act,Colo.Rev. Stat. §6-1-1705 (2026). Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 19 of 23 iv) Investigate, establish, exercise, prepare for, or defend legal claims; v) Take immediate steps to protect an interest that is essential for the life or physical safety of a consumer or another person; vi) By any means other than the use of facial recognition technology, prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or illegal activity; investigate, report, or prosecute the persons responsible for any such action; or preserve the integrity or security of AI systems; vii) Conduct research, testing, and development activities regarding an AI system or AI model, other than testing conducted under real- world conditions, before the AI system or AI model is deployed or put into service; or, viii)Assist any other person with any of the obligations imposed under this AI Policy. b)Nothing in this AI Policy imposes any obligation on any person that adversely affects their rights or freedoms, including the rights to freedom of speech or freedom of the press that are guaranteed in: i) The first amendment to the United States constitution; or, ii) Section Article I, Section 5 of the Washington constitution. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 20 of 23 APPENDIX A: REFERENCES Reference To is Federal Law National Artificial Intelligence Initiative Shaping AI 15 U.S.C. section Act of 2020 (P.L. 116-283) development and use in 9401 et. seq. the United States Health Insurance Portability and Protection of heath 45 C.F.R. Parts 160 Accountability Act of 1996(HIPAA) information and 164. Privac Rule Protection of the Right to Privacy Protection of privacy Chapter 9.73 RCW Preservation and Destruction of Public Rules for preservation Chapter 40.14 RCW Records and destruction of public records Washington Public Records Act Promote open Chapter 42. 56 government RCW Health care exemption from disclosure of Protection of heath RCW 42.56.360. records under the Washington Public information Records Act Medical Records—Health Care Protection of heath Chapter 70.02 RCW. Information Access and Disclosure Law information SHB 1205 (2025) Reenacts and amends See the URL in the RCW 9A.60.010 and footnote below." 9A.60.045 and makes it a crime to knowingly distribute a forged digital likeness of another person to defraud, harass, threaten, or intimidate another, or for an unlawful su sose other References and Standards National Cyber Security Centre, Best Best Practices for See the URL in the Practices for Securing Data Used to development and use of footnote below. 12 Train& Operate AI systems, (Ver. 1.0 AI systems May 2025) https://lawfilesext.leg.wa.gov/biennium/2025-26/PdfBills/Session%20Laws/House/1205-S.SL.pdf, Accessed April 11,2026. 12 https://media.defense.gov/2025/Ma1/22/2003720601/-1/-1/0/CSI Al DATA SECURITY.PDF, Accessed April 12,2026. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Pa s e 21 of 23 Reference I opic Citation National Institute of Standards and Standards for use of AI See the URL in the Technology, Artificial Intelligence Risk systems footnote below.13 Management Framework(AI RMF 1.0 2023) Washington State Artificial Intelligence ESSB 5838 (2024) See the URL in the Task Force's Interim Report(December established the footnote below.14 1, 2025)Washington State Artificial Intelligence Task Force to evaluate AI development, use and risks Mark H. Francis and Ashwini Jarrala,Washington State See the URL in the Legal Practitioner's Guide to AI& Artificial Intelligence footnote below.15 Hallucinations (February 16, 2026) Task Force companion report Colorado's AI Act(March 26, 2026) Regulation of AI Colo. Rev. Stat. § 6- 1-1701 et. seq. See the URL in the footnote below.16 13 https://doi.org/10.6028/NIST.AI.100-1,Accessed April 11,2026. 14https://agportal-s3 bucket.s3.us-west- 2.am azonaws.com/A I%20Task%20Force/WA%20AI%20Task%20Force%20- 20Literature%20Review%20oh/o20AI%20Risks%20and%20Opportunities.pdf?Vers ion Id=2ImmRG ns5cIZgxE tRqJtYuwtg7eC9q,Accessed April 1,2026. 15 https://nationalcenterforstatecourts.app.box.com/v/Legal-practitioner-guide-AI,Accessed April 1,2026. 16https://practicalcompIiance.thomsonreuters.com/Browse/Home/Jurisdictions/UnitedStates/Colorado/ColoradoStatu tes?guid=NBB934F3017CE 11 EF9141 A71 BA98479C6&originationContext=documenttoc&transitionType=Default contextData=(sc.Default)&firstPage=true,Accessed April 15,2026. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 22 of 23 APPENDIX B: RELEVANT COMPLIANCE REQUIREMENTS This appendix provides references to applicable key regulations and standards. This appendix does not replace the authoritative source and is only a reference to assist with further research. Please use the Compliance Standard and Section No. to further research the entirety of the regulation, framework or standard from the authoritative source. Compliance Standard Location Description HIPAA 45 CFR 164, Subpart C Security Standards for the Protection of Electronic Protected Health Information. 45 CFR 164.316 Policies and procedures and documentation requirements. PCI DSS v3.2 12.2 at page 295 Acceptable Uses of the Technology. Jun. 2024) NIST CSF 2. 0 Information Protection Processes and Procedures. Feb. 2024) NIST 800- 536, AI system Use Notification. Revision 5 AC-8 at page 40 Sep. 2020) Various sections Policies and Procedures. PL-4 at page 197 Rules of Behavior. PS-6 at page 226 Access Agreements. Document Code No.: *** Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 23 of 23 APPENDIX C: RECORDS PROTECTED FROM DISCLOSURE BY AN "OTHER STATUTE" THAT ARE NOT BE USED IN AN AI SYSTEM add chart here] Artificial Intelligence Systems Policy for Jefferson County Introduction Artificial Intelligence(AI)technology is increasingly becoming an integral part of local government operations, offering opportunities to enhance the efficiency and effectiveness of public services. At the same time,the use of AI also presents ethical, legal, and social challenges that require responsible management. This policy provides a framework for the effective and responsible use of AI systems within Jefferson County, to maximize the benefits of these innovative tools while minimizing their potential risks to both the organization and the public. The purpose of this policy is to: Enable effective use of AI technology by providing clear guidance to Jefferson County personnel, vendors, and other partners who work with AI systems. Inform community members and other stakeholders about how Jefferson County is utilizing AI technology and what measures it is taking to protect the public from potential adverse consequences of these systems. Promote responsible and ethical use of AI technology by defining the principles and values that govern the application of this technology within Jefferson County. Ensure the compliance of AI systems with all applicable federal, state, and local laws and regulations as well as existing Jefferson County policies. Assign roles and responsibilities related to Jefferson County's use of AI systems. Establish processes that encourage effective and responsible use of AI systems. Define prohibited uses of AI systems. Specify measures which may be taken in the event of failure to comply with these policies. This policy may be updated from time to time to account for changes in AI technology, laws and regulations, uses of AI systems within Jefferson County, and other considerations. In addition,the Central Services Director may publish an AI User Guide or other related documents that provide more detailed guidance on how the requirements of this policy are to be implemented. Unless otherwise stated, any such additional guidance should be considered an extension of this policy and carry the same requirements for compliance. This policy is written using 1 Definitions AI(Artificial Intelligence): The capability of a machine or system to perform tasks that typically require human intelligence, such as generating text or audiovisual content, making or recommending decisions, analyzing data, or automating processes. AI Algorithm/AI Model:A set of programmed instructions that processes data to perform tasks,make decisions, or solve problems within an AI system. AI Assistant: An AI tool which is intended to aid a user in their day-to-day work by suggesting content, retrieving information, automating processes, and performing other similar tasks. Al Policy: A document that provides a framework for the effective and responsible use of AI systems within an organization. AI System: Any tool, software, process, and workflow, or other system which is based on AI technology or which uses AI technology as a key component of that system. AI Tool: A piece of software which provides AI functionality and can be applied to a specific use case. AI Use Case: A specific task or purpose for which an AI tool is used or under consideration. AI User: An individual who is responsible for using,developing,purchasing, configuring, or maintaining AI systems. AI User Guide: A document which supplements an AI policy with more detailed guidance on how to implement the policy. Anonymization: A process by which data is altered so that it cannot be connected to specific individuals or organizations. Bias: Systematic tendencies that can exist within AI systems,often stemming from flawed data, algorithms, or design processes,that may lead to discriminatory or inaccurate outcomes affecting certain groups or individuals. Black Box Algorithm: An AI algorithm which produces decisions or other outputs with little or no mechanism for the user to analyze the logic which led to that result. Data Privacy: The protection of non-public information about a person or organization from disclosure without their consent. Generative AI: AI systems which use algorithms to create text,audio,image,or video content based on some combination of user prompts and stored data and instructions. Machine Learning: A type of AI which uses algorithms to extract information from and recognize patterns in data, often used for forecasting, prediction, classification, or analysis. Open Data: Information derived from an organization's operations which is shared publicly to This policy is written using 2 promote transparency or for use by external parties. Protected Data: Information generated or acquired in the course of an organization's operations which is not intended or approved for public disclosure. Public Record: Records stemming from an organization's operations which must by law be shared upon request, whether or not it is actively published as open data. Scope This policy governs the use of AI-based and AI-enabled tools, software, processes, and workflows hereafter, "AI systems"),by: All departments, agencies,teams and other groups within Jefferson County. All individuals (including officials, employees, contractors, consultants, interns, volunteers, and other persons) within those departments, agencies, teams, or other groups who are responsible for using,developing, purchasing,configuring, or maintaining AI systems (hereafter referred to as"AI users"). The policy covers all AI systems used by these individuals and groups, with the following exceptions: AI systems which have been evaluated by the Central Services Director and determined to be safe for unrestricted usage AI features included within Jefferson County-maintained applications which are not part of their core functionality or involve the use of sensitive data. AI systems used only for personal use, outside of work hours and not using Jefferson County resources. Values and Principles Our commitment to effective and responsible AI use is grounded in the following foundational values and principles: Accessibility and Inclusivity: AI technologies should be accessible to all residents, including those with disabilities or limited access. Accountability: Roles and responsibilities should govern the deployment and maintenance of AI systems,with human oversight ensuring adherence to relevant laws and regulations. Bias and Harm Reduction: Measures should be implemented to detect and mitigate biases to prevent harm. Continuous Improvement: AI systems should be continuously monitored and enhanced based on feedback and technological advancements. Data Governance: Proper management,quality,and stewardship of data used by AI systems should be ensured. This policy is written using 3 Digital Literacy: Digital literacy should be promoted among residents to help them understand and engage with AI technologies. This policy is written using 4 Effectiveness: AI systems should be reliable, meet their objectives, and deliver precise and dependable outcomes in their deployment contexts. Explainability and Interpretability: AI decisions should be understandable to those affected. Fairness and Equity:AI systems should prevent discrimination and bias,ensuring fair treatment for all residents. Human-Centered Design: AI systems should be developed and deployed with a human-centered approach that evaluates their impact on the public. Human Oversight:Appropriate human control over AI systems should be ensured,allowing for intervention to prevent harm. Innovation and Sustainability: Technological innovation should be embraced responsibly while minimizing environmental impact. Legal Compliance:AI systems should comply with all relevant laws and regulations. Privacy Protection: Residents'privacy concerning their personal data should be protected,and AI systems must comply with data protection laws. Safety: AI systems should not cause harm and should prioritize the safety of residents. Security and Reliability: AI technologies should be secure against unauthorized access and ensure consistent performance. Transparency: The purpose and use of AI systems should be proactively communicated to the public, ensuring that AI systems,their data sources,operational models, and governing policies are understandable and documented. Workforce Empowerment: Staff should be empowered to use AI in their roles through education,training, and collaborations that promote participation and opportunity. These values and principles are the inspiration for this policy, and users are expected to incorporate these same motivations in its implementation. While the ideal course of action may not be obvious or practical in every circumstance,this policy is designed to offer guidance to help users navigate such situations responsibly. Existing Laws and Policies This policy is designed to facilitate Jefferson County's compliance with all applicable federal, state, and local laws and regulations,as well as existing Jefferson County policies. In particular,the following laws, regulations, and policies are relevant to Jefferson County's use of AI systems: Resolution No. 50 22.pdf 2022-02-28 Jefferson County Public Records Act Compliance Policy(1).pdf 2022-02-28 Jefferson County Public Records Act Compliance Policy(1).pdf Resolution No. 19-0407-25R(Personnel Admin. Manual).pdf This policy is written using 5 Roles and Responsibilities The following individuals and groups are responsible for the duties involved in implementing this policy, as described below: Central Services Director Developing the AI policy and additional guidance Coordinating AI initiatives across departments and teams Overseeing compliance with laws and regulations Providing guidance to AI users across the organization Convening and overseeing the AI Working Group Leading the AI review process AI Working Group Reviewing and approving AI projects Addressing ethical concerns and conflicts Investigating policy violations and recommend corrective actions Recommending policy and guidance updates Providing regular public reports on Jefferson County AI usage Central Services Director Directing technology resources, policies, projects, and services Approving AI policy and related guidance Facilitating collaboration between teams and departments for successful AI policy implementation Central Services Director Overseeing enterprise security infrastructure and cybersecurity operations Maintaining security policies, procedures, standards, and guidelines Monitoring compliance with security policies and related requirements Ensuring accurate data sensitivity classification and protections This policy is written using 6 Central Services Director Advising the Central Services Director and others on compliance or legal issues and risks related to AI usage County Administrator Approving AI policy and subsequent changes Providing final determination for AI use cases which involve substantial risks of harm or other negative consequences Enforcing corrective action in the event of policy violations Department Heads and Managers Ensuring personnel and vendor compliance with the policy and integrating policy requirements into operations. Facilitating training for staff on AI policies and practices. Unless otherwise specified,the specific officials listed above may designate one or more individuals to act on their behalf with respect to this policy,and in such cases those designees are understood to inherit the same authorities and obligations as the named officials. Requirements Under this policy,all AI users are responsible for complying with the requirements described in this section. AI System and Use Case Approval Process The Central Services Director shall establish a process under which all Al systems and use cases are subject to a thorough review to determine their compliance with this policy prior to their implementation. In addition to confirming compliance with the specific requirements and prohibitions established under this policy,the review process will also consider the relative benefits and risks of each system and use case and determine whether or not approval is reasonable and aligned with the values and principles defined herein. Reviews of AI systems should specify the intended use cases of those systems and whether or not other other use cases require additional review. The results of each review will be documented using a standard template and retained for either the full lifespan of the system or use case or the retention period required under law for similar documents (whichever is longer). This policy is written using 7 The Central Services Director will create a standard for determining whether or not a particular system or use case has a high risk of potential negative impacts to any relevant individual,group, or organization. In the event of a high-risk determination,that system or use case will be presented to the full AI working group for approval. Lower-risk systems and use cases may be approved by the Central Services Director at their own discretion, provided that the Central Services Director is notified of such approval and given the opportunity to review the documentation and request that the approval be submitted to the full AI working group when appropriate. The Central Services Director will revisit all previously-approved AI systems and use cases at least once per year,or sooner in the event of substantial modifications(such as a major software upgrade or change in scope), and confirm the continued compliance and reasonableness of the system or use case. Monitoring,Evaluation,and Accountability The Central Services Director is responsible for implementing systems to monitor AI system performance,effectiveness,and policy compliance.The data collected from these systems will be periodically reviewed to evaluate the effectiveness of AI systems and their impacts on the community. The Central Services Director will establish procedures and protocols for responding to failures of AI systems and violations of this policy, including corrective actions with regard to both the systems themselves and the individuals and organizations involved. Upon the recommendation of the Central Services Director, Central Services Director, and/or County Administrator, independent audits shall be conducted to review AI systems for compliance with policies and ethical standards. Findings from audits and evaluations shall be used to refine AI policies, improve system functionalities, and determine any additional training or accountability requirements. Data Management, Privacy, and Retention All AI systems shall comply with applicable data protection laws, regulations, and policies to safeguard personal and sensitive information. Bias Mitigation and Human Oversight All AI users shall be responsible for taking steps to mitigate potential biases(including but not limited to biases related to protected characteristics such as race,gender, sexual orientation, national origin, disability,or language)in AI systems they interact with, in accordance with training and recommendations provided by the Central Services Director. Transparency and Explainability This policy is written using 8 Upon the consideration or introduction of a new AI system which is likely to have major public impact, the Central Services Director will ensure that key information is provided to affected groups and other stakeholders in a timely manner. Such information will be provided in multiple formats and/or languages if necessary, consistent with Jefferson County's practice in communicating To the greatest extent possible,AI systems should provide clear and understandable explanations for their decisions and outputs,particularly in cases where erroneous results may create a risk of substantial negative impacts. Training and Education All users shall be provided with regular training on AI technologies, ethical considerations, and compliance requirements to ensure knowledgeable and responsible use of AI systems, as recommended by the Central Services Director. The Central Services Director will develop specific training requirements and content for users granted access to high-risk AI systems and associated data, focusing on compliance with this policy and other associated laws,regulations, policies, and best practices. These trainings will be updated on a regular basis to ensure their accuracy and relevance,and users' continued access to high-risk systems and data will be contingent upon completion of additional required trainings determined by the Central Services Director. Vendors and Third Parties All vendors and other third parties who provide or interact with AI systems shall be required to comply with this and all other applicable policies, and this compliance shall be explicitly included in all relevant contracts and similar agreements. All technology vendors will be required to disclose whether and how AI is used in their products and services, and what mechanisms they provide to allow for auditing these systems. These disclosures will be provided using a standard form developed and maintained by the Central Services Director and required in all technology procurements. Vendors shall be evaluated based on their commitment to responsible AI development and their history of adherence to ethical standards, and preference in procurement decisions will be given to vendors which can effectively provide transparency into their systems and practices to both Jefferson County and the public. Labeling of AI-generated Content All content generated by AI systems and presented to the public shall be clearly labeled as such. This shall include all text, audio, image, and video content, as well as interactive systems such as chatbots and automated decision-making tools. All individuals involved in disseminating such content on behalf of Jefferson County will be This policy is written using 9 responsible for ensuring the accuracy of such content and its appropriate labeling,and the Central Services Director will establish standard mechanisms for Jefferson County personnel and members of the public to report violations of this requirement. This policy is written using in Prohibitions The following actions are expressly prohibited under this policy: Deployment or use of AI systems on Jefferson County IT systems or for Jefferson County business without required authorization,whether or not such the tools used in systems have been approved for other use cases Use of AI systems to impersonate or misrepresent a person, group, or organization or to otherwise convey potentially misleading information Use of AI systems with a high risk of potential negative impacts by individuals without required authorization and training Use of Jefferson County-owned or -licensed AI tools, data, or other infrastructure for purposes other than those related to Jefferson County operations Use of AI systems for purposes which may impact the administration or results of elections Use of AI tools which consume excessive energy or resources without consideration for environmental impacts These prohibitions are given in addition to the general prohibition on actions which do not comply with the other provisions of this policy or of other applicable laws, regulations, or policies. Exceptions to these prohibitions can only be made with the approval of the County Administrator or their designee. Such exceptions also require appropriate notification to all affected parties and other stakeholders, including the public when appropriate. Enforcement In the event of non-compliance with this policy, the following enforcement actions may be taken against individuals,vendors,or other parties in order to address specific incidents or repeated patterns of non-compliance: Denial or revocation of access to AI systems and tools Disciplinary actions, up to and including termination of employment Ineligibility for future employment Termination of vendor contracts and other third party agreements. Disqualification from future contracts or partnerships Personal liability for harms caused by malicious use or negligence Any such actions will be taken in accordance with the procedures and provisions established in applicable laws, regulations, policies, contracts, and other standards, in line with the practices applied for other violations of Jefferson County's information technology-related policies.