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
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provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”
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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
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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
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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:
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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:
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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:
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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,
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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'
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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.
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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)
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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
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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
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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,
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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.
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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.
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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).
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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).
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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).
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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).
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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).
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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
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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).
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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.
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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:
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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
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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
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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
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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
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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
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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.
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Digital Literacy: Digital literacy should be promoted among residents to help them understand
and engage with AI technologies.
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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
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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
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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).
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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
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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
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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.
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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.