HomeMy WebLinkAbout060826A AGENDA PACKET
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AGENDA
Jefferson County Board of Commissioners
Regular Meeting – Monday, June 8, 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
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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
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Agenda: June 8, 2026
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No set time APPROVAL AND ADOPTION OF THE CONSENT AGENDA:
(Items listed below have been distributed to the Commissioners in advance for study and will be enacted by one motion. If
separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular
Agenda, at the request of any of the Commissioners).
1. RESOLUTION NO. ___ re: Adopting a Fee Schedule for the County Clerk
2. FINAL SHORT PLAT APPROVAL re: Woodland Hills Short Plat , SUB2023-00015
3. SUBRECIPIENT AGREEMENT re: Scholarships and awards program; Tobacco, vapor and
marijuana product intervention strategies; $2,775; Public Health; Olympic Educational Service
District 114
4. AGREEMENT re: 2026 Therapeutic Courts; $9,131; District/Superior Courts; Salish
Behavioral Health Organization
5. AGREEMENT re: School to Work Program; Fee for service; Public Health; DSHS – Division
of Vocational Rehabilitation
6. AGREEMENT, Amendment No. 1 re: Inmate food services – Extension of contract and new
pricing; $203,693.36; Sheriff’s Office; Summit Food Services LLC
7. MOTION TO DELEGATE SIGNING AUTHORITY to the County Administrator re:
AGREEMENT re: Connecting Housing to Infrastructure Program (CHIP): Utility infrastructure
improvements at Mason Street; $999,576.35; Auditor’s Office; Washington State Department of
Commerce
8. AGREEMENT, Change Order No. 4 re: ODT – Anderson Lake Connection Project; County
Project No. 18019893, County Road No. 850200, Federal Aid Project No. STBGR-2016(030),
RCO Project No. 20-1745; Increase of $839,326.88 for a total of $4,673,475.31
REGULAR AGENDA:
No set time PROCLAMATION re: Proclaiming June 2026 as Ride Transit Month
Nicole Gauthier, Jefferson Transit Director
9:30 a.m. WORKSHOP re: Letters of Support for the Jamestown S’Klallam Tribal Land
Transfer Act of 2026 and PUBLIC COMMENT PERIOD
Heidi Eisenhour, Commissioner Dist. 2
10:30 a.m. WORKSHOP re: Conservation Futures 2026 project funding recommendations
Tami Pokorny, Natural Resources Program Manager
Tressa Linquist, Environmental Health
No set time WORKSHOP re: Establishing evaluation criteria for County Administrator
(11:00 a.m.) Annual Evaluation
Sarah Melancon, Human Resources Director
No set time COMMISSIONERS BRIEFING SESSION
No set time RECESS
Agenda: June 8, 2026
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1:30 p.m. AFTERNOON SESSION
1:30 p.m. to 2:00 p.m. EXECUTIVE SESSION with the County Administrator, and Chief Civil Deputy
Prosecuting Attorney (DPA) 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
3:00 p.m. WORKSHOP re: All-County Preparedness Day
Daniel Milholland, The Production Alliance
Reilly Berkshire, The Production Alliance
Willie Bence, Emergency Management Director
No set time WORKSHOP re: Port Ludlow Harbor restricted area anchoring regulations
(3:30 p.m.)
Heather Dudley-Nollette, Commissioner Dist. 1
Andy Pernsteiner, Sheriff
No set time ADDITIONAL DISCUSSION ITEMS
No set time ADJOURNMENT (Adjourn by 4:30 p.m.)
COMMISSIONERS MEETING SCHEDULE
The Week of June 8, 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, June 8, 2026
9:00 a.m. BOCC Meeting - Board
Tuesday, June 9, 2026
11:00 a.m. Joint Special Meeting with the Port of Port Townsend - Board
1:00 p.m. Peninsula Early Childhood Coalition (PECC) Monthly Meeting – Heather
2:30 p.m. Behavioral Health Advisory Committee Monthly 2026 Meeting - Heather
Wednesday, June 10, 2026
10:00 a.m. Olympic Regional Clean Air Agency Board of Directors Meeting - Greg
2:00 p.m. Jefferson Transit Authority Finance Committee Meeting – Greg
7:00 p.m. Chimacum Grange Meeting - Heidi
Thursday, June 11, 2026
1:30 p.m. Technology Advisory Committee Meeting – Greg
6:00 p.m. Jefferson County Fairgrounds Association Board Meeting - Heather
Agenda: June 8, 2026
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Friday, June 12, 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
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of County Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: June 8, 2026
Subject: Change Order No. 4, Olympic Discovery Trail- Anderson Lake Connection
Project, County Project No. 18019893, County Road No. 850200, Federal
Aid Project No. STBGR-2016(030), RCO Project No. 20-1745
Statement of Issue: Change Order No. 4 with Seton Construction for the Olympic Discovery
Trail- Anderson Lake Connection Project, County Project No. 18019893.
Analysis/Strategic Goals/Pro's a Con's: This project is for construction of a new
approximately 3.2 mile-long segment of the Olympic Discovery Trail between Milo Curry Road
and Anderson Lake State Park. Change Order No. 4 is necessary in order to increase the total
contract amount reflecting both additions and subtractions of existing bid items quantities
and add new ones.
Fiscal Impact/Cost Benefit Analysis: This change order will increase the current contract
amount by $839,326.88 from $3,834,148.43 to $4,673475.31 (includes 9.5% WSST on 'Group 2'
items). On March 10, 2025, the BoCC approved contract award to Seton Construction, as well
as authorized the County Engineer to execute change orders up to 5% of the contract amount.
The County Engineer executed Change Order No. 1 May 9, 2025, which increased the contract
amount by $51,879.50 to $3,834,148.43. NOTE: Change Orders No.'s 2 and 3 were previously
executed to increase the contract Working Days. They were both no cost Change Orders.
This construction portion of this project is funded with a WA State Recreation and
Conservation Office WA Wildlife and Recreation Program - Trails grant (WWRP) and Federal
Highway Administration Surface Transportation Block Grant (STBG). The portion of the trail
running along Jefferson Transit's 4 Corners Road frontage will be funded by Transit.
Recommendation: Public Works recommends that the Board execute two originals of Change
Order No. 4 with Seton Construction and return one original to Public Works for further
processing.
Department Contact: John Fleming, P.E., Project Manager, 385-9217.
Reviewed By:
7.-3/
Josh Peters, County Administrator Date
Washington State
V/ Department of Transportation Change Order
Contract Number Contract Title Federal Aid Number
18019893 Olympic Discovery Trail - Anderson Lake Connection STBGR-2016(030)
Change Order Number Change Description Date
4 Mutiple Changes 6/1/2026
Prime Contractor 1 Design-Builder
Seton Construction
Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications
n Change proposed by Contractor/Design-Builder
Change Description
See attached
Verbal Approval Given By Verbal Approval Date Working Days#1-
John Fleming 0 working days
Original Contract Amount Current Contract Amount Est.Net Change This C.O.Est.Contract Amount
3,782,268.93 3,834,148.43 839,326.88 4,673, 475.31
Approval Recommended Approved A•. oved
4." --
71PProjectineer Approving Au ho' per C.A.Agreement
t -20Z_G_ ee3 .D.-(p
bate Date
Approval Recommended Other Approval As Required
ii
By Prime Contractor Signature Date
2 - 2O2.(e,
Date Representing
WSDOT Form 140-005 Page 1
JEFFERSON COUNTY Contract No 18019893
Sheet 2 of 2 DEPARTMENT OF PUBLIC WORKS
Change
Date: 5/29/2026 CHANGE ORDER ESTIMATE Order No. 4
NEW BID ITEMS-GROUP 1(Trail) 7 f
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
Additional Work-Paving Sunday,Repairing
16A Drainage and Asphalt Sealing LS $20,046.00 1 $ 20,046.00
49A Bark or Wood Chip Mulch LS $ 59,435.74 1 $ 59,435.74
GROUP 1(Trail)CO 04 New Bid Item Added Total $ 79,481.74
EXISTING BID ITEMS DELETED-GROUP 1(Trail)
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
22 Ductile Iron Culv.Pipe 12-In.Diam. LF 95.00 75 -$7,125.00
23 Corrugated Poly Strom Sewer Pipe 6-In. Diam LF 25.00 385 -$9,625.00
24 Concrete Inlet EA 1,800.00 3 5,400.00
28 Biofiltration Swale LF 70.00 600 -$42,000.00
53 Chain Link Fence,Type 3 LF 35.00 160 -$5,600.00
56 Gravity Block Wall SF 58.00 350 -$20,300.00
GROUP 1(Trail)CO 04 Ex.Bid Item Deleted Total ($90,050.00)
EXISTING BID ITEMS ADDED-GROUP 1(Trail)
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
8 Clearing and Grubbing LS $ 43,889.30 1 $ 43,889.30
10 Roadway Excavation Incl.Haul CY $ 6.00 19112 $ 114, 672.00
11 Unsuitable Foundation Excavation Incl.Haul CY $ 17.00 5300 $ 90,100.00
13 Embankment Compaction CY $ 9.50 14396 $ 136, 762.00
29 Erosion Control Water Pollution Prevention LS $ 184,247.67 1 $ 184,247.67
57 Glare Screen,Type 2 LF $ 44.00 954 $ 41,976.00
58 Quarry Spalls TN $ 75.00 1408.48 $ 105,636.00
GROUP 1(Trail)CO 04 Ex.Bid Item Added Total; $ 717, 282.97
ESTIMATED NET CHANGE GROUP 1(Trail)SUBTOTAL: $ 706, 714.71
i
NEW BID ITEMS-GROUP 2(SR-20)
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
Project Temporary Traffic Control-Additional work
4A to incorperate WSDOT changes LS $ 29,000.00 1 $ 29,000.00
Illumination System-Additional work to
20A incorperate WSDOT changes LS $ 6,000.00 1 $ 6,000.00
Rectangular Flashing Beacon System-Additional
21A work to incorperate WSDOT changes LS $ 69,000.00 1 $ 69,000.00
Permanent Signing and Pavement Marking-
22A Additional work to incorperate WSDOT changes _ LS $ 18,000.00 1 $ 18,000.00
23 Ductile Iron Pipe Culv.12-in.Diam. LF 95. 00 30 $ 2,850.00
GROUP 2(SR-20)CO 04 New Item Total $ 124,850.00
EXISTING BID ITEMS DELETED-GROUP 2(SR-20)
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
7 Unsuitable Foundation Excavation Incl.Haul CY $ 50.00 -2 $ (100.00)
10 Shoring or Extra Excavation Class B SF $ 0.50 -210 $ (105.00)
14 CL.V Reinf.Conc.Culvert Pipe 12-In.Diam. LF $ 86.00 -35 $ (3,010.00)
15 Infiltration Trench LF $ 44. 00 -12 $ (528.00)
GROUP 2(SR-20)CO 04 Ex.Bid Item Deleted Total $ (3,743.00)
EXISTING BID ITEMS ADDED-GROUP 2(SR-20)
Bid
Item Unit Bid
No. DESCRIPTION Unit Amount Qty Unit Bid Total
GROUP 2(SR-20)CO 04 Ex.Bid Item Added Total 0.00
ESTIMATED NET CHANGE GROUP 2(SR-20)SUBTOTAL: $ 121, 107.00
1
9.5%Sales Tax $11,505.17
ESTIMATED NET CHANGE TOTAL: $ 839, 326.88
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Lila Stanfield, Associate Planner DCD
DATE: v :4 r\Q.
SUBJECT: Final Short Plat Approval for the Woodland Hills Short Plat, SUB2023-00015
STATEMENT OF ISSUE: Staff is requesting final approval and authorization for signatures on a four(4)-
lot short subdivision of Parcel No. 001281002, which currently has no assigned address.
The subject parcel is owned by Bruce Seton Jr. and Jeffrey Seton. Access to the proposed lots is
provided via Parkridge Drive and Romans Road. The proposal has been reviewed for compliance with
Chapter 18.35 of the Jefferson County Code (JCC) and RCW 58.17.170.
ATTACHMENTS:
Type II Land Use Approval—SUB2023-00015
Final Plat Review Copy
Mylar ready for BoCC Signing
ANALYSIS:
Staff has determined that the application as submitted on August 29, 2023 meets the required criteria of
Chapter 18.35.130 as addressed in written Findings and Conclusions and Preliminary Plat Approval
SUB2024-00015. Written Findings and Conclusions are required per RCW 58. 17.195, which state in part
that a county makes a formal written finding of fact that the proposed subdivision or proposed short
subdivision is in conformity with applicable zoning ordinance or other land use controls which may exist.
ALTERNATIVES:
The requested action is mandatory per RCW 57.17.170 and Chapter 18.35 JCC.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
There is no identifiable fiscal impact related to this request for final plat approval. New tax parcels will
generate property tax revenue for the County.
RECOMMENDATION:
Per Jefferson County Ordinance and State Law, DCD requests that the BoCC grant final short plat
approval by signing the final Plat mylar.
REVIEWED BY:
C.)
Jo$ eters, County Administrator Date
JEFFERSON COUNTY
g `< DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street,Port Townsend,WA 98368 I Web:www.co.iefferson.wa.us/communitvdevelooment
lviifNor\o Tel:360. 379.4450 i Email:planninq[cilco.iefferson.wa.us
PRELIMINARY SHORT PLAT
APPLICATION No. SUB2023-00015
Woodland Hills Short Plat
Date: June 20, 2024
Expiration: June 20, 2027
Applicant: Bruce Seton Jr. and Jeffrey Seton
Agent—Terry McHugh
PO Box 441, Port Townsend, WA 98386
Summary of Proposal:
The application requests preliminary short plat approval to divide approximately 23.63 acres of Rural
Residential 1:5 zoned property into four(4) parcels for residential use. Potable water will be provided by
the Quimper(PUD No. 1 district of Jefferson County). Sewage disposal would be provided by individual
on-site septic systems. Access to Lots 1 and 2 will come from the North via Parkridge Dr. and
Easement through Woodland Hills#2 Phase 2 Plat. Access to Parcels 3 and 4 will come from the South
via Romans Rd.
Property Location: Parcel Number 001281002, in Section 28, Township 30N, Range 1W,WM, GOV
LOT 2 (LESS PLATTED); Address, none currently, the location is East of Airport
Cutoff Road, at the end of Romans Rd, north of the Calvary Community Church
parcel located at 82 Romans Rd Pvt, Port Townsend,WA 98368.
Site Description:The parcel is mostly undeveloped and forested. The parcel is located off of State
Route 19 also known as Airport Cutoff Road, continuing onto Romans Road to the
end. The site is relatively flat with a gentle incline extending from the Northwest
corner down to the Southeast corner of the parcel. There is no stream on the parcel
confirmed by WA State of Department of Natural Resources(DNR). The
surrounding parcels are composed of Rural Residential RR-10, with an area of RR-
20 to the North.
Findings of Fact:
Based on the information on file, available mapped information, applicable local and state policies and
regulations, and available records maintained by Jefferson County, the Administrator finds as follows:
1. A short plat application (SUB2023-00015) was deemed substantially complete on October 3,
2023. The purpose of this short plat is to create four (4) single-family residential lots.
2. The project is categorically exempt from the State Environmental Policy Act (SEPA) per WAC
197-11-800(6).
3. A Notice of Type II Application was published in the Port Townsend Jefferson County Leader
newspaper on February 7, 2024. The Notice was posted on the property on February 7, 2024.
The applicant, agencies, and all property owners within 300 feet were notified by mail on
February 7, 2024.
4. Testimony: No verbal or written testimony was received from the adjacent properties or
interested parties.
5. Agency Responses:
a. County Public Works Department: Written comments dated January 30, 2024, and
February 9, 2024 are hereby incorporated by reference.
b. Environmental Public Health Department: Written comments dated April 23, 2024, are
hereby incorporated by reference.
c. Jefferson County Assessor's Office: Written comments dated January 26, 2024 are
hereby incorporated by reference.
d. East Jefferson Fire Department: Written comments dated June 13, 2024 are hereby
incorporated by reference.
e. Department of Natural Resources: Levi Puksta confirmed via email on January 17, 2024
that no stream is located on the property and the GIS stream layer is incorrect.
6. Pursuant to JCC 18.35.140, an application for preliminary short plat approval must demonstrate
consistency with all the provisions of JCC 18.35.130.
f. The proposed subdivision conforms to all applicable county, state and federal zoning,
land use, environmental and health regulations and plans, including but not limited to the
Jefferson County Comprehensive Plan and the provisions of this code, including any
incorporated standards;
Staff Comment:The Comprehensive Plan designation for this property is Rural Residential. The
zoning designation for this property is Rural Residential 1:5, requiring a minimum density of 5 acre per
lot. The proposed short subdivision is subject to the policies of the Jefferson County Comprehensive
Plan. The applicable policies are discussed below. The following goals and policies of the
Comprehensive Plan apply to the project, which relate to land use compatibility, transportation, and
environmental quality:
Land use: The parcel is 23.63-acres and zoned Rural Residential one dwelling per five
acres (Rural Residential 1:5). The lots will be served by individual on-site septic systems
and the PUD water system. The proposal is consistent with the Comprehensive Plan
Policies LU P-1.9, LU P-6.1, LU P-10.1, and LU P-15.1.
Transportation: Jefferson Transit currently does not have a transit stop near the subject
parcel. Children housed within the Port Townsend School District will be bussed to the
school campus. The proposal is consistent with the Comprehensive Plan Policies TR-P-
1.5, TR-P-2. 5, TR-P-4.2 and TR-P-4.9.
Environmental Quality: The proposed short plat has not identified any significant critical
areas. There is no stream on the parcel confirmed by WA State of Department of Natural
Resources(DNR). The PUD water system will be used with proper connections and an
individual on-site septic system would serve each lot. Stormwater will be reviewed with any
road work and at the time of development for each individual parcel. The proposal is
consistent with the Comprehensive Plan Policies EN-P-1.1 and EN-P-2.2
Utilities and other public services necessary to serve the needs of the proposed subdivision
shall be made available, including open spaces, drainage ways, roads, streets and other
public ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools,
sidewalks and other improvements to assure safe walking conditions for students who walk
to and from school;
Staff Comment: The lots will be served by the PUD water system. Water quality and quantity
information on the potable water must be submitted, reviewed, and approved by Environmental Health
prior to final approval. Test pits were dug on lots 1 through 4 in preparation for future onsite septic
systems. Jefferson Transit currently does not have a transit stop at this location. The proposal would
require children to be bussed to and from school due to the distance to the nearest school, therefore
sidewalks are not required. The parcel is relatively flat with a gentle incline extending from the Northwest
corner down to the Southeast corner of the parcel.
g. Approving the proposed short subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
Staff Comment:Approving this short plat will serve the public use and interest as each lot is now going
to be developed providing one additional housing unit in Jefferson County and meets the
Comprehensive Plan Density of Rural Residential 1:5. Public health, safety and general welfare will
not be compromised as a result of this short plat. Each lot will be fully developed with the construction
of a single-family residences, using the PUD water system, and installed, approved, and finaled septic
systems. The parcel will be accessed from the south via Romans Rd, and from the North via an
easement extending from Parkridge Dr. The proposal meets this criterion.
h. Notwithstanding the approval criteria set forth in this section, in accordance with RCW
58.17.120, as now adopted and hereafter amended, a proposed subdivision may be
denied because of flood, inundation or swamp conditions. Where any portion of the
proposed short subdivision lies within both a flood control zone, as specified by Chapter
86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county
shall not approve the preliminary short plat.
Staff Comment: The proposed short plat is not located within a flood plain, flood way, wetland or any
associated buffers. The proposal meets this criterion.
Action Taken:
Based on the preceding findings, the application as proposed has satisfied the above criteria. Staff
recommends Approval with Conditions of the Type II Short Plat application. SUB2023-00015 is
hereby preliminarily approved with the following conditions to be addressed prior to final approval.
Conditions of Approval:
Main Condition: This preliminary approval is for a Four Lot Short Plat only. Final approval is subject to
all conditions and review by County Commissioners. Any future permits on this site are subject to
review for consistency with applicable codes and ordinances and does not preclude review and
conditions which may be placed on future permits.
Assessor's Office
1. The parcel of land is in Designated Forestland, the Assessor's office will need updated forest
management plan for each lot prior to approval. The property owners may also choose to
remove themselves from the program, please contact the Assessor's office for further
information.
2. There are several existing plats that start with "Woodland", consider changing the name of the
Plat to avoid confusion, or incorporating in a #for example 3, as WOODLAND HILLS #2 PHASE
2 is just North of the parcel.
Environmental Health Department(Water)
3. Per JCC 18.35.130(1)(b), the Easements for Utilities on proposed Lots 1 and 4 must be
recorded with the County Auditor's office and the Auditor's File Number(s) must be referenced
on the face of the plat.
4. The location of the Easements for Utilities on proposed Lots 1 and 4 shall correspond with
where the water lines are actually installed.
5. Water lines and water meters shall be extended to each proposed Lot. The water lines must be
sealed to prevent contamination and the water meters shall be placed within a valve box for
future connection. An inspection with fee will be required to verify.
Department of Public Works
6. The existing access off Parkridge Dr. at mile post 1.06 left, was approved under RAP2008-
00016 for a residential approach. This approach must be upgraded to a major approach with a
20' minimum width and 25' return radius. The apron shall be paved a minimum of 15 feet from
the edge of the road.
7. Per JCC 18.30.050(I)(m), the preliminary short plat shows access to proposed lot 2 and lot 3
with 30 feet wide easements, less than the standard 60 feet in width.
a. To reduce the easement width from the standard 60 feet, applicant must show to Public
Works Department that the proposed 30 feet width is adequate to the construction and
maintenance of the required driveway, cut and fill slopes, drainage ditches, clear zones,
stormwater controls, and utilities.
8. Per JCC 18.30.080(1)(a), the minimum standard for all roads and driveways shall be Jefferson
County Road Standard #1 Rural Access Road, with a 14 feet wide total drivable width consisting
of 2" of crushed surfacing top course, over 4" of crushed surfacing bottom course or thicker.
This includes the road serving the proposed 2 lots off Parkridge Drive, the driveway to the west
boundary of Lot#2, and the two driveways off of Roman Road.
9. Per JCC 18.30.080(1)(p) the proponent shall establish an agreement for the continued
maintenance of the shared access road by recording a Road Maintenance Agreement with the
Jefferson County Auditor and referencing the Agreement on the final plat. Prior to final plat
approval, the proponent shall submit the Agreement to the Public Works Department for review.
10. Prior to commencing land disturbing activity, the proponent shall submit a Stormwater Site Plan
to Public Works Department for review. The Plan shall meet Minimum Requirements (#1 -#9) of
the current edition of the Washington State Department of Ecology Stormwater Management
Manual for Western Washington.
11. The proponent shall implement the project's Stormwater Site Plan during project development.
12. Prior to commencing land disturbing activity the proponent shall notify Public Works Department
at (360) 385-9160 to enable Public Works to inspect erosion and sediment control Best
Management Practices.
13. The construction of stormwater management facilities shall be conducted under the direction of
a licensed engineer. Prior to final project approval, the proponent shall submit a letter from the
project engineer certifying that the stormwater management facilities have been constructed as
per the approved plans.
14. As required by JCC 18.30.080(1)(f), clearing, grading, and construction of roads, bridges,
utilities, and stormwater management facilities shall be inspected by the Department of Public
Works. In order to enable the Department to conduct inspections in a timely manner, the
applicant shall notify the Department in a timely manner regarding the project construction
schedule, by email at pubworks@co.jefferson.wa.us or phone 360-385-9160.
Typical Inspections:
i. Installation of temporary erosion and sediment control measures;
ii. Clearing (and Grading) and road subgrade preparation;
iii. Placing roadway gravel base;
iv. Placing roadway crushed surfacing top course;
v. Placing improved roadway surface (chip seal or asphalt concrete);
vi. Construction of stormwater management facilities;
vii. Final plat review.
viii. (Additional inspections may be deemed necessary as project progresses.)
15. JCC 18.30.080(1)(u) authorizes the Department of Public Works to assess fees in accordance
with the Jefferson County Fee Schedule Ordinance for development review activities including
application and plan review, inspections, meetings, hearings, and final review. Prior to
Department of Community Development project approval, the proponent shall pay all costs
related to the Public Works' application review, plan review, inspections, and preparation of the
Stormwater Management Facility Maintenance Agreement. In accordance with the Jefferson
County Public Works Department Fee Schedule, the Department's hourly development review
fee is $104 per hour for 2024. In the event that approval for the proposal is denied by Jefferson
County or the proposal is not completed, the proponent shall still be responsible for paying the
Department's fee.
Department of Community Development
16. Based on requirements of Chapter 18.35 JCC Final Short Plat, the final mylar shall be prepared
in accordance with the final short plat checklist located in JCC 18.35.
17. The final blueline shall depict the name of the subdivision and the county assigned number of
SUB2023-00015 on all sheets of the mylar.
18. An updated plat certificate or supplement shall be submitted with the final blueline and shall be
30 days current.
19. Submit the lot closure information with the final bluelines and updated plat certificate.
20. Arrangements shall be made by the applicant to install underground utility lines for electricity
and telephone service to all lots prior to final plat approval. All easements of record shall be
graphically portrayed on the final plat with the Auditor's File Number (AFN) of the easement(s)
also referenced on the face of the plat.
21. All graphics shall meet the recording requirements for legibility.
22. Consistent with RCW 84.56.345, current year and, if applicable, all delinquent property taxes
including compensating tax from open space program shall be paid in full prior to the Treasurer
signing the mylar and paper copies of the short plat.
23. The applicant must submit a reproducible copy (11" x 17") the proposed final short plat to the
Department of Community Development. The proposed final short plat shall contain elements
as described in Chapter 18.35.120 JCC and shall include certifications and other requirements
as provided in Chapter 18.35. 190 JCC and 18.35.370 JCC.
24. All signatures and seals shall be in black ink on Mylar.
25. Proponent may enter into a surety agreement with the Department of Public Works prior to final
plat approval as an alternative to completing installation of required improvements. Surety shall
not be accepted for development of water supply facilities, other than distribution facilities.
Surety shall be for an amount equal to 200 percent of the cost of required improvements, shall
not exceed a period of one year, and must be in a form acceptable to Jefferson County.
Acceptable forms of surety include bonds, open account agreements, and irrevocable letters of
credit. Surety must be accompanied by an estimate of the cost of all improvements prepared by
a licensed engineer. The estimate shall be approved by the Public Works Department prior to
acceptance.
26. The following shall be placed under"Notice to Potential Purchasers":
The lots within this plat are legally created pursuant to JCC 18.35 and RCW 58.17, and are
equivalent in size to the density of the zoning district in which it is located. The lots are
considered as legal lots of record pursuant to JCC 18.12, and are eligible for development
under JCC 18.40. The lots are not subject to additional Site Development Review(SDR)/ Legal
Lot of Record Determination (LLOR)."
Any further subdivision of the lots within this plat will be subject to the densities permitted in the
Jefferson County Ordinances and Codes in effect at time of such application. These lots may or
may not be further subdivided in the future."
Approval of this subdivision does not constitute approval of building or sewage disposal permits on
each lot. Permit approval will be subject to building lot plans, type of use, contours, and soils on
individual lots. Permits will be reviewed in accordance with site conditions and regulations
existing on the date the permits are applied for."
The lots, parcels, or tracts contained within this subdivision were based upon design standards and
regulatory requirements in effect at the time of final approval. Complete sewage disposal
systems have not been approved for the lots, parcels or tracts contained within the subdivision.
On-site sewage disposal systems shall meet design standards and regulatory requirements in
effect at the time of application for a sewage disposal permit. Purchaser should contact the
Jefferson County Health Department for procedures concerning permit applications."
Any removal of or major disturbance of soil within the proposed drainfield areas may create site
conditions that are unacceptable of the installation of sewage disposal systems."
Jefferson County has determined that the use of real property for agricultural and forestry
operations is a high priority and favored use in the county. The county will not consider to be a
nuisance those inconveniences or discomforts arising from such operations, if such operations
are consistent with commonly accepted best management practices in compliance with local,
state, and federal laws. If your real property includes or is within five hundred (500) feet of real
property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial,
Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such
farming and forestry operations, including but not limited to noise, tree removal, odors, flies,
fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period,
the storage and disposal of manure, and the application of permitted fertilizers and permitted
pesticides. One or more of these inconveniences may occur as a result of agricultural and
forestry operations which are in conformance with existing laws and regulations."
PUBLIC HEARING: Type II administrative decisions shall become final subject to the following: an
applicant or party of record may appeal the decision to the hearing examiner for an open record
hearing, as further set forth in JCC Section 18.40.330 & JCC Section 18.40.280. A public hearing will
only be held if the administrator's decision is appealed consistent with JCC 18.40.330(5)within 14
calendar days after the notice of decision is issued.
NOTICE: The sale of lots prior to final short plat approval is unlawful.
EXPIRATION: Preliminary approval will expire on June 20, 2027. The Department of Community
Development shall not be responsible for notifying the applicant of impending preliminary short plat
expiration.
SUBMISSION: It is the responsibility of the applicant or authorized representative to ensure the final
short plat is submitted in accordance with the conditions of preliminary approval. This includes paying
all property taxes, submitting the recording fee for the final plat and supplying an updated plat certificate
dated within 30 days of submittal). Requirements are outlined in the final short plat checklist.
Preliminary Approval of SUB2023-00015:
Decided this Q v
day of U N 2024.
Greg Rallarri I inc. Cnrie Administrator
SUB2023-000I5
WOODLAND HILLS SHORT PLAT
IN A PORTION OF THE SW. 1/4 OF THE NE. 1/4, SECTION 28, TOWNSHIP 30
NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY, WASHINGTON
i5/29/2026
DIRECTOR OF PUBLIC WORKS CERTIFICATE LroLImDmDECLARATIONANDDEDICATION:
KNOW ALL MEN BY THESE PRESENTS THAT 1, THE UNDERSIGNED OWNER OF THE LAND I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THIS FINAL
HEREBY PUTTED, HEREBY DECLARE THIS SHORT PLAT AND DEDICATE TO THE USE OF PLAT IS IN COMPLIANCE WITH THE CERTIFICATE OF IMPROVEMENTS
THE PROPERTY OWNERS FOREVER ALL EASEMENTS THERE IS SHOWN ON THE PUT THE ISSUED PURSUANT TO THE JEFFERSON COUNTY UNIFIED
PLATTOR HEREBY ACCEPT ALL RESPONSIBILITY FOR ALL CLAIMS AND DAMAGES WHICH DEVELOPMENT CODE AND IS CONSISTENT WITH ALL APPLICABLE
MAY BE OCCASIONED TO ANY OTHER LAND OR PERSONS BY ACTIONS OF SAID PLATTOR COUNTY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON
AUTHORIZED BY THE COUNTY IN RELATION TO THIS SHORT PUT, I HEREBY CONSENT TO THE DATE OF PRELIMINARY PLAT APPROVAL, THIS DAY OF
THIS PUT 2026.
BRUCE SETON,JR. JEFFREY SETON DIRECTOR. JEFFERSON COUNTY DEPARTMENT
OF PUBLIC WORKS
DEPARTMENT OF COMMUNITY DEVELOPMENT
ACKNOWLEDGEMENT: ADMINISTRATOR'S CERTIFICATE
STATE OF WASHINGTON )
I HEREBY CERTIFY TINT ON THIS DAY OF
SS
COUNTY OF lhhtNSON
2026, THAT THIS FINAL PLAT IS IN SUBSTANTIAL CONFORMANCE WITH
THE PRELIMINARY PUT AND ANY CONDITIONS ATTACHED THERETO,
WHICH PRELIMINARY PUT WAS APPROVED BY JU741.'SON COUNTY ON
THE 20TH DAY OF JUNE, 2024.
THIS IS TO CERTIFY TINT ON THIS DAY OF 2026,
BEFORE ME THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, DULY COMMISSIONED AND SWORN PERSONALLY APPEARED MICE
SFTON.JR AND.IFFFRFY SFTON TO ME KNOWN TO BE THE INDIVIDUALS WHO ADMINISTRATOR, JEFFERSON COUNTY
EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY
COMMUNITY DEVELOPMENT DEPARTMENT
SIGNED THE SAME AS THERE FREE AND VOLUNTARY ACT AND DEED FOR THE
USES AND PURPOSES THEREIN MENTIONED.
WITNESS MY HAND AND OFFICLAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN.
JEFFERSON COUNTY ENVIROMENTAL HEALTH DIRECTOR
NOTARY PUBLIC IN AND FOR THE STATE WASHINGTON
APPROVED BY ENVIRONMENTAL HEALTH DEPARTMENT ON THIS DAY OF
RESIDING AT 2026.
MY APPOINTMENT EXPIRES
DIRECTOR,JEFFERSON COUNTY ENVIRONMENTAL HEALTH DEPT
DESCRIPTION-
GOVERNMENT LOT 2 LESS THAT PORTION OF GOVERNMENT LOT 2, SECTION 28, BOARD OF COMMISSIONERS
TOWNSHIP JO NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: APPROVED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS THIS LAY
BEGINNING AT THE CENTER SECTION MONUMENT OF SECTION 28 AT THE SOUTHWEST OF 2026.
CORNER OF GOVERNMENT LOT 2; THENCE ALONG THE SOUTH LINE OF SAID
GOVERNMENT LOT 2 588'00'16 E 485.22 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 588'00'16T 259.11 FEET TO AN EXISTING 5/ 8'REBAR AT THE SOUTHEAST
CHAIRMAN, BOARD OF COMMISSIONERS •
CORNER OF GOVERNMENT LOT 2;
THENCE ALONG THE EAST UNE OF SAID GOVERNMENT LOT 2 NO3'45'54'E 306.90 FEET,
THENCE S4J12'02-1V 407.72 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN JLIFLKSON COUNTY, WASHINGTON. ATTEST.'CLERK OF THE BOARD OF COMMISSIONERS
TREASURER'S CERTIFICATE
ALL TAXES AND/OR ASSESSMENTS DUE ARE PAID IN FULL ON THIS DAY OF
2026.
VICINITY AMP
NOT TO SCALE
PARKRIOGE DR.
JEFFERSON COUNTY TREASURER
y„j `
i ASSESSOR'S APPROVAL
EXAMINED AND APPROVED THIS DAY OF 2026.
JEFFERSON COUNTY ASSESSOR
ATTEST:
DEPUTY JEFFERSON COUNTY ASSESSOR
SURVEYOR'S CERTIFICATE.
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME AUDITOR'S CERTIFICATE
OR UNDER MY DIRECTION IN CONFORMANCE WITH THE•
REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE FILED FOR RECORD THIS
REQUEST OF BRUCE SETON JR. IN JUNE, 2022.
AT O., IN BOOK
DAY
SHORT PUTS, ON PAGE
Y OF 2026.AT THE
REQUEST OF SCOT B. CLERK
OGv 'A6plAd0
r * COUNTY AUDITOR AUDITOR'S FILE NUMBER
SHEET i OF 3
N.T.S.RAlr409401 SCOT B. CLERK, PLS Po
L.S. NUMBER 38956 C
P.°
X LAND SURVEYING Ssp:m.•h seal
DATE. MAPPING LAND (not M-2,si
TMAL CllIO1 SRC DEVELOPMENT CONSULTING
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FAA PP,'LI0
PLAT CNECN: SRC CONSTRUCTION MANAGEMENT <Ii'1CICE (AM)Mi-am
ORAAN 8Y: PPS 28(30N-01W)
SERA 013028-SET9220t_BASE-062]22
SU8202J-00015
WOODLAND HILLS SHORT PLAT
IN A PORTION OF THE SW. 1/4 OF THE NE. 1/4, SECTION 28, TOWNSHIP 30
NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY, WASHINGTON
QUARTER CORNER 27
CALCULATED POSlIKM1.
2
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F 5/29/2026 g
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26' LO7 3' LI 1578/ N60"iB'!<C
Tj' UTILITIES PER Wx.zD, 20.VOL" PG L2 255.39 N60'18'I4'E
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FINAL CNECN. SBC I.' EGRESS AND UTILITIES PER THIS DEVELOPMENT CONSULTING Q F.1115a10
PLAT CNECN: 58C
PLAT.FOR THE BENEITTLOT OF APN. CONSTRUCTION MANAGEMENT ONCE ow 111-21111
DRAM Bra 885 r 001-28J-026 AND LOT OWNERS
OFFICE
A
5E88 010028-SE TB2201_BASE-062322 i
WHIN THIS SHORT PUT. SCALE I%SO'
SUB2023-000 15
WOODLAND HILLS SHORT PLAT
IN A PORTION OF THE SW. 1/4 OF THE NE. 1/4, SECTION 28, TOWNSHIP 30
NORTH, RANGE 1 WEST, W.M., JEFFERSON COUNTY, WASHINGTON
El
NOTES: 5/29/2026
1. THIS SURVEY WAS PERFORMED BY FIELD TRAVERSE METHODS USING A 3 SECOND TOPCON GTS-235W JEFFERSON COUNTY OM
TOTAL STATION AND STEEL TAPE
2. FOR SECTION SUBOMSION DATA, SEE VOL. 8 OF LONG PUTS, PAGES 18-22. RECORDS OF
JEFrLNION COUNTY, WASHINGTON.
3. THE BASIS OF BEARING FOR THIS SURVEY IS NORTH O7'43.50'EAST BETWEEN THE FOUND MONUMENT
AT THE CENTER OF SECTION AND THE FOUND 7/761h CORNER AS SHOWN.
4. THIS SURVEY WAS PERFORMED ACCORDING TO WAC 332-130-090 STANDARDS FOR LAND BOUNDARY
SURVEYS. THIS SURVEY WAS NOT PERFORMED OR CERTIFIED TO MEET THE CURRENT MINIMUM
STANDARD REQUIREMENTS"OR ACCURACY STANDARDS"FOR ALTA/NSPS LAND TIRE SURVEYS.
5. FOR ROAD MAINTENANCE AGREEMENTS SEE INSTRUMENTS RECORDED UNDER AUDITORS FILE NUMBERS
AND RECORDED SIMULTANEOUSLY HEREWITH.
NOTICE TO POTENTIAL PURCHASERS:
1. THE LOTS WITHIN THIS PUT ARE LEGALLY CREATED PURSUANT TO JCC 18.35 AND RCW
58.77,AND ARE EQUIVALENT IN SIZE TO THE DENSITY OF THE ZONING DISTRICT IN WHICH
IT IS LOCATED. THE LOTS ARE CONSIDERED AS LEGAL LOTS OF RECORD PURSUANT TO JCC
18.12,AND ARE ELIGIBLE FOR DEVELOPMENT UNDER JCC 18.40. THE LOTS ARE NOT
SUBJECT TO ADDITIONAL SITE DEVELOPMENT REVIEW(SDR)/LEGAL LOT OF RECORD
DETERMINATION(LLOR).
2. ANY FURTHER SUBDMSION OF THE LOTS WITHIN THIS PLAT WILL BE SUBJECT TO THE 4 I
DENSITIES PERMITTED IN THE JEFFERSON COUNTY ORDINANCES AND CODES IN EFFECT AT I
TIME OF SUCH APPLICATION THESE LOTS MAY OR MAY NOT BE FURTHER SUBDMDED IN
I
THE FUTURE.
1
3. APPROVAL OF THIS SUBDMSION DOES NOT CONSTITUTE APPROVAL OF BUILDING OR
1SEWAGEDISPOSALPERMITSONEACHLOT. PERMIT APPROVAL WILL BE SUBJECT TO 1 DETAIL R
BUILDING LOT PLANS, TYPE OF USE, CONTOURS.AND SOILS ON INDIVIDUAL LOTS. PERMITS ' 7 1 SCALE I"-to'
WILL BE RENEWED IN ACCORDANCE WITH SITE CONDITIONS AND REGULATIONS EXISTING ON 3
I
4 I
THE DATE THE PERMITS ARE APPLIED FOR. LOT
4 THE LOTS,PARCELS, OR TRACTS CONTAINED WITHIN THIS SUBDMSION WERE BASED UPON
J30'
OFFSET II I
OSIGN STANDARDS AND REGULATORY REQUIREMENTS IN EFFECT AT THE TIME OF FINAL I
APPROVAL. COMPLETE SEWAGE DISPOSAL SYSTEMS HAVE NOT BEEN APPROVED FOR THE 2)J
LOTS,
AARSYST
OR TRACTS DESIGN WITHIN THIS ANDOMSION. ON-SITE REN CONDUIT ENDS I RVpA El
DISPOSAL SYSTEMS SHALL MEET DESIGN STANDARDS AND REGULATORY REQUIREMENTSHASERIN
EFFECT AT THE TIME OF APPLICATION FOR A SEWAGE DISPOSAL PERMIT. PURCHASER n 0M®
SHOULD CONTACT THE JEFFERSON COUNTY HEALTH DEPARTMENT FOR PROCEDURES 4
CONCERNING PERMIT APPLICATIONS. NEST FACE OF
ECOLOGY BLOCK*ALL. I
5. ANY REMOVAL OF OR MAJOR DISTURBANCE OF SOIL WITHIN THE PROPOSED DRAINFIELD 015'WEST OF LWE
I
AREAS MAY CREATE SITE CONDITIONS THAT ARE UNACCEPTABLE OF THE INSTALLATION OF
SEWAGE DISPOSAL SYSTEMS. LOT 4
I
6. JEFFERSON COUNTY HAS DETERMINED THAT THE USE OF REAL PROPERTY FOR 14 I
AGRICULTURAL AND FORESTRY OPERATIONS IS A HIGH PRIORITY AND FAVORED USE IN THE I
COUNTY THE COUNTY WILL NOT CONSIDER TO BE A NUISANCE THOSE INCONVENIENCES OR
DISCOMFORTS ARISING FROM SUCH OPERATIONS, IF SUCH OPERATIONS ARE CONSISTENT
WITH COMMONLY ACCEPTED BEST MANAGEMENT PRACTICES IN COMPLIANCE WITH LOCH.,
STATE,AND FEDERAL LAWS. IF YOUR REAL PROPERTY INCLUDES OR IS WITHIN FIVE
HUNDRED(500)FEET OF REAL PROPERTY DESIGNATED AS RURAL RESIDENTIAL 1:10 OR
I:20, RURAL INDUSTRIAL. RURAL COMMERCIAL,AGRICULTURE, OR FORESTRY. YOU MAY BE
SUBJECT TO INCONVENIENCES OR DISCOMFORTS ARISING FROM SUCH FARMING AND
FORESTRY OPERATIONS. INCLUDING BUT NOT LIMITED TO NOISE, TREE REMOVAL. ODORS, e a 3 \FLIES. FUMES, OUST. SMOKE, THE OPERATION OF FARM AND FORESTRY MACHINERY DURING b \ \
ANY 24-HOUR PERIOD. THE STORAGE AND DISPOSAL OF MANURE,AND THE APPLICATION
OF PERMITTED FERTILIZERS AND PERMITTED PESTICIDES. ONE OR MORE OF THESE
INCONVENIENCES ANY OCCUR AS A RESULT OF AGRICULTURAL AND FORESTRY OPERATIONS
WHICH ARE IN CONFORMANCE WITH EXISTING LAWS AND REGULATIONS. I e A \
I
7 LOTS IN THIS SHORT PUT SERVED BY JEIHLNSON COUNTY PUD/I QUIMPER PUBLIC I Aw S.
WATER SYSTEM ID/05783 I(Z WM
e 4 <
e
a
A
LOT 1 \
e
4
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17
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ERAS
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MAPPING J 1A-L 1160)681-21l1
FINAL CNECN SBC DEVELOPMENT CONSULTING 681-5110
PLAT CNEOI: SRC CONSTRUCTION MANAGEMENT OFFICE HA/all-2161
DRAMA Or PPS 28(30N-01W)
SCR, 013028-SE1B2201_9ASE-062322
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: David Fortino
DATE: June 8, 20205
SUBJECT: Contract Amendment re: Inmate Food Services;Jefferson County Sheriff's
Office; Summit Food Services LLC
STATEMENT OF ISSUE:
Contract Amendment re: Inmate Food Services;Jefferson County Sheriff's Office; Summit Food Services
LLC
ANALYSIS:
This Contract Amendment with Summit Food Services LLC,amends the current per meal period, and per
meal served rates, and future pricing models.
Per Meal Period: $144.96
Per Meal: $1.20
FISCAL IMPACT:
Based on current 12 month daily average population of 16.68 the total annual cost is estimated at
203,693.36
RECOMMENDATION:
Approve Contract Amendment re: Inmate Food Services; Jefferson County Sheriff's Office; Summit Food
Services LLC
REVIEWED BY:
6) (9 IJosPeters,County Administrator Date
CONTRACT REVIEW FOR
Clear FormM
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Summit Food Services.LLC Contract No: Summit-Food 05-2026
Contract For: Inmate Food Servicesx Term: 1 year extension
COUNTY DEPARTMENT: Jefferson County Sheriffs Office
Contact Person:David Fortino
Contact Phone: 360-344-9743
Contact email: ofori no@co Jefferson we us
AMOUNT: $203,693.36
PROCESS:Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # 001-180-000 L RFP or RFQ
Munis Org/Obj 001-180-000 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.1180 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A:E1 y 00446CSignature
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: EJ N/A:
tgnature D to
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/2/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/29/2026.
DPA reviewed and approved on 05/29/2026.
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
AMENDMENT#2 TO THE FOOD SERVICE PARTNERSHIP AGREEMENT
This Amendment is made and entered into by and between Jefferson County Washington ("Client"), and
Summit Food Service, LLC("Company")(collectively"the Parties").
WHEREAS,the Parties have entered into a certain FOOD SERVICE PARTNERSHIP AGREEMENT(the
Agreement"),effective January 1,2022;
WHEREAS,the Parties have agreed to extend the Agreement with a pricing adjustment;and
WHEREAS,the Parties now desire to amend said Agreement upon the terms and conditions stated
herein.
NOW,THEREFORE,the Parties,intending to be legally bound hereby, mutually agree as follows:
1. Term.This Agreement shall be extended for an additional year beginning January 1,2026.
2. Payment Arrangement.Section 7.1.a.shall be amended to reflect that County will pay Company
the amount of$144.96 per meal period(breakfast,lunch,and dinner),plus$1.20 per meal served
based on inmate count. The remainder of the clause shall remain as-is.
3. Payments Due Dates,Method and Late Payment Penalty.Section 7.1.d. of the Agreement shall
be modified to include the following language:
Any change of banking information or change in the method of monies being transmitted or
received shall be documented in hard copy(printed on paper)and delivered by hand,via certified
or registered mail return receipt requested, or by overnight delivery service with a receipt of
delivery, provided that such delivery is to the parties per Notice. In the alternative,the Company,
at its discretion, may request verification by phone of any change of banking information or
change in the method of monies being transmitted or received.
4. Work performed between January 1,2026 and the execution of this Amendment that is consistent
with the provisions of the Agreement is hereby ratified.
Page 1 of 2
This Amendment is effective as of January 1, 2026. All other terms and conditions of the original
Agreement(as modified from time to time)shall remain in full force and effect unless otherwise amended
as provided in the Agreement.
CLIENT:Jefferson County Washington COMPANY:Summit Food Service,LLC
Board of Commissioners
Signature:
Greg Brotherton,Chair
Name:
Title:
Heidi Eisenhour,Member
Date:
Heather Dudley-Nollette,Member
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
afO 05- 29-2026
Jeremiah Luther Date
Civil Deputy Prosecuting Attorney
Page 2 of 2
Docusign Envelope ID:1210E902-81144397-92A8335884094823
AMENDMENT tt1 TO THE FOOD SERVICE PARTNERSHIP AGREEMENT
This Amendment is made and entered into by and between Jefferson County, Washington ("County").
and Summit Food Service,1LC('"Company')(collectively"the Parties")
WHEREAS, the Parties have entered into a certain Food Service Partnership Agreement (the
Agreement"), effective January 1,2022
WHEREAS,the Parties have agreed to extend the partnership with a pricing adjustment; and
WHEREAS,the Parties now desire to amend said Agreement upon the terms and conditions stated
here'r
NOW,THEREFORE, 'he r•tend hg to be legally bound hereby mutually agree as follows
Term. This Agreemert shall be extendea for an additional year beginning January 1, 2025.
1 Payment Arrangement.Section 7 1 a. shall be amended to reflect that County will pay Company
the amount of$139 38 per meal period(breakfast,lunch,and dinner),plus 5115 per meal served
based on inmate county The remainder of the clause shall remain as-is
i Future Pricing.Section 7 4 of the Agreement shall be amended to the following language
Pricing adjustments shall be made or an annual Oasis at a rate no less than the greater of five
percent (5%) or the most recently released U.5 Department of Labor Consumer Price Index, Al'
Urban Consumers Natrona: Ave-age Unadjusted, Food Away from Home Up to ninety 190) days
prior to the anniversary of the Commencement Date, Company sha• provide Client notification
Of the adjustment to the Feels' Or the arniversary of the Commencement Date. Company's
proposed adjustments shall go into effect. unless the Parties have entered into a writ:en
agreement with an alternative cast adjustment
Change in Conditions.Section 7 4 of the Agreement shall be amended to the following language
The financial terms set forth in this Agreement, and all other obligations assumed by Company
hereunder, are based on conditions in existence on the date Company commences operations
including, without limitation, population, labor costs: inmate labor; applicable Governmental
Rules; food and supply costs. provision of equipment and utilities state of the Premises; and
federal, state and loca' sales use and excise taxes (the "Conditions") Further, Client
acknowledges that n connect ur oi'th the negotiation and execution of this Agreement.Company
has •eked upon Client s rep'esentat.u^s regarding existing and future conditions (the
Representations") In the event of change in the Conditions,inaccuracy of the Representations,
or if Client requests any significant change in the Food Services as provided under this Agreement,
the financial terms and other obligations assumed by Company shall be renegotiated to reflect a
proportionate increase in Company's charges to the Client Company will provide a thirty(30)day
notice of such increased charges In the case that Client provides inmate labor to assist with duties
under the Agreement, Client acknowledges that Client is solely responsible for any pay,
compensation,benefits or other remuneration(if any)payable to the inmate. If Company sustains
increases in its operational costs(e. g product or labor costs).Company,with written notification
to Client, may increase as prices for items to recover such increased costs
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DocuSign Envelope ID:9C939818-B529-4D01-879C-849884860920
FOOD SERVICE PARTNERSHIP AGREEMENT
This Food Service Partnership Agreement is made and entered into by and between JEFFERSON COUNTY
WASHINGTON, ("County"), and SUMMIT FOOD SERVICE, LLC, a New Mexico Limited Liability Summit
Summit") (collectively"the Parties").
1. TERM, INTENT, AND SCOPE OF SERVICES
1.1 County grants Summit the exclusive right to provide Food Service and Products, to operate the
Food Service Facilities, such Food Service, and Products per specifications of the RFP.
1.2 This Agreement shall commence on January 1, 2022 (the "Commencement Date") or sooner if
mutually agreed upon in writing by both Parties. This Agreement will remain in effect for three
years,through December 31, 2024. The County shall have the option to renew this Agreement on
a yearly basis for two successive one-year renewal terms, not to exceed a total of five years. Each
renewal shall be based on a yearly review of the services provided by Summit.
1. 3 During the term of this Agreement, the Summit shall furnish all the services specified in this RFP,
more fully discussed in this Agreement:
a. Daily Food Service to include breakfast, lunch, and dinner to inmates at the JCJ.
b. Development and implementation of a food service plan with clear objectives, policies,and
procedures and with a process of documenting ongoing achievement of contract
obligations (annual evaluations of compliance).
c. The operation of the Premises, using only properly licensed, certified, and permitted food
service professionals.
d. Summit shall utilize inmate workers screened by the JCJ as to their suitability to perform
services in a food service environment.
e. Provide weekly/monthly menus.
f. Meet federal and state standards through the most cost-effective menus.
2. DEFINITIONS
2.1. ACA. The American Correctional Association.
2.2. ACA Standards. ACA standards, including its Manual for Food Service Programs, 1st Edition.
2.3. Account Executive. The Summit employee responsible for managing the business relationship
between Summit and the County.
2.4. Accounting Period. Summit's accounting calendar is based on an accounting cycle consisting of
three (3) rotational periods of four(4) weeks,four(4) weeks, five (5)weeks.
2.5. Agreement. This Agreement, including Exhibits and Schedules, as may be amended.
2.6. Conditions. Conditions in existence on the date Summit commences operations including,without
limitation, inmate population; labor costs; applicable Governmental Rules; food and supply costs;
provision of equipment and utilities; state of the Premises; and federal, state, and local sales, use
and excise taxes.
2.7. County. Jefferson County, Washington,a political subdivision of the State of Washington.
2.8. Food Preparation Equipment. Equipment or appliances reasonably necessary for Food Service
including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer, slicer,
freezer, and fire extinguishing equipment that is in good condition and of a commercial grade.
Page l of 17
DocuSign Envelope ID:9C939818-B529-4D01-879C-849884860920
2.9. Food Service. Services to be provided by Summit in accordance with this Agreement related to the
preparation, service and sale of food, beverages, goods, merchandise, and other items at the
Premises for inmates at the JCJ.
2.10. Food Service Manager. Summit's employee at the JCJ responsible for managing the services
required for performance of this Agreement.
2.11. Governmental Rule. Any statute, law, rule, regulation, ordinance, or code of any governmental
entity(whether federal, state, local or otherwise).
2.12. Jail Superintendent. The person identified in Section 10.4.
2.13. JCJ. The Jefferson County Jail, located at 9 Elkins Road, Port Hadlock,WA 98339.
2.14. Legal Authority. Summit employee with the authority to sign this Agreement on behalf of Summit.
2.15. Office Equipment. All office items reasonably necessary for Summit staff to perform office-related
functions at the Premises including, without limitation, furniture (e. g. desk, chair, file cabinet),
equipment (e.g. computer, phone, data/high speed internet lines), parking spaces and
locker/break room facilities.
2.16. Opening Charges. The Food Service Manager's relocation expenses, travel costs associated with
the initial opening, and the charges associated with the initial training, development, and
preparation for opening.
2.17. Party. Party is one of the Parties.
2.18. Parties. The parties to this Agreement.
2.19. PCI Standards. All rules, regulations, standards, or guidelines adopted or required by the PCI
Security Standards Council relating to privacy, data security and the safeguarding, disclosure, and
handling of Payment Instrument Information.
2.20. Premises. Space for Summit to prepare and perform Food Service at the JCJ including, without
limitation,food preparation and service areas, office and storage areas.
2.21. Products. Food, beverages, goods, merchandise, and supplies.
2.22. Proiect. The project described in the RFP.
2.23. Project Manager. The person responsible for the performance of the technical staff engaged to
implement the Project on behalf of Summit.
2.24. Proposal. Summit's proposal to perform the services for the Project in response to the RFP.
2.25. Proprietary, Confidential and Trade Secret Information. Items used in Food Service (owned by or
licensed to Summit) including, without limitation, menus, signage, surveys, Software (i.e. menu
systems, food production systems, accounting systems), recipes, management guidelines and
procedures, operating manuals, personnel information, purchasing and distribution practices,
pricing and bidding information,financial information,provided, however that the following items
are specifically excluded: (a) information generally available to and known by the public or (b)
information independently developed or previously known by the County.
2.26. Representations. The County's representations regarding existing and future conditions at the
JCJ.
2.27. RFP.The County's Jail Food Services RFP.
2.28. RFP Response. Summit's 2021 response to the RFP.
2.29. Servicewares. Items used in the service of food and beverages including, without limitation,
chinaware, glassware, silverware, disposables,trays, and carts.
2.30. Sheriff. The Jefferson County Sheriff or the Sheriff's designee.
Page 2 of 17
DocuSign Envelope ID:9C939818-B529-4D01-879C-849884860920
2.31. Smallwares. Items used in the preparation of food including, without limitation, pots, pans, and
kitchen utensils.
2.32. Summit. Summit Food Service, LLC, a New Mexico Limited Liability Company.
2.33. Supervisory Employee. Those persons who have directly or indirectly performed management or
professional services on behalf of Summit for the County at any time during this Agreement
including, without limitation, any corporate employee, manager, assistant manager, chef, lead
cook or dietitian.
2.34. Termination for Cause. A material breach of the Contract. For the avoidance of doubt, a material
breach of the Contract includes but is not limited to: (a) Any violation of the health and safety
requirements of the Contract; or, (b) Delay in providing necessary products or services for the
project,when they delay has not been resolved to the satisfaction of the Sheriff or designee,within
3 days from receipt of written notice by the Summit.
2.35. Termination for Convenience. A termination of this Agreement for any reason.
2.36. Utilities and Amenities.All utilities reasonably requested by Summit to provide Food Service at the
Premises including, without limitation, heat, hot and cold water, gas, refrigeration, lights, electric
current,ventilation, air conditioning, recycling,cooking waste removal,hazardous waste removal,
garbage removal services, exterminator services,telephone services, internet access, and sewage
disposal services.
3. FOOD SERVICE
3. 1 Food Service.
a. Summit will oversee Food Service at the Premises which shall include, without limitation,
preparation and service of food and beverages to inmates at the JCJ in a cost-effective
manner.
b. Summit shall provide high quality food service in accordance with ACA Standards. Food and
food service shall meet all applicable federal, state, and local guidelines, laws, and
regulations and shall meet other guidelines as prescribed by ACA.
c. All meals shall be served at appropriate temperatures and in a manner that makes them
palatable (140 degrees if hot, 45 degrees if cold), and visibly pleasing complete with
condiments if indicated.
d. Summit shall operate the food service program using corrections-experienced and/or
professionally trained personnel.
3.2 Program Specifications.
a. Coordination of Food Purchases. Summit shall coordinate purchase of all food supplies as well
as any other food with the Sheriff.
b. Menu. Summit shall provide a 2600 calorie menu and menu cycle for adult inmates of the JCJ.
Summit will provide three meals per day, seven days per week to the inmate population of the
JCJ, including one (1)cold and two(2) hot meals. A registered dietician shall approve all menus
prior to service. All menus and special diets (medical, religious, etc.) shall meet the standards
for adult holding and detention facilities as established by the ACA.
c. Medical Meals. Summit shall provide medical meals as requested by the Sheriff.
Page 3 of 17
DocuSign Envelope ID:9C939818-B529-4D01-879C-849884860920
d. Sack Lunches. Summit shall provide sack lunches for work release or inmate worker programs.
Sack lunches shall also be made available for inmates who are out of the facility to Court during
the lunch hour.
e. Religious and Physician-Ordered Meals. Summit shall provide religious and physician-ordered
meals as requested by The Sheriff at no additional cost.
f. Locations. Summit shall operate and manage Food Service at the Premises and locations as the
Sheriff and Summit mutually agree.
g. Hours. Summit shall provide necessary Food Service at such hours as the Sheriff and Summit
mutually agree.
h. Administrative Requirements. Summit shall have the responsibility to provide: (i) A singular
designated Food Service Manager with responsibility for assuring the appropriateness and
adequacy of food services; (ii) Well-defined operational policies and procedures to include, at
a minimum, those required by ACA Standards and, in concert with the Sheriff, procedures for
service delivery. The Sheriff shall develop the policies and procedures necessary to specify the
role of food services in a jail setting and to provide liaison between the food service and
corrections staff.
i. Staffing Plan. Summit shall provide the Sheriff an organization chart and job descriptions for
all employees involved in Food Service, including inmates.
j. Statistical Reporting. Summit shall track daily, monthly, and annual statistical reports in
accordance with ACA standards.These reports shall be available upon request from County. A
comprehensive annual statistical report shall be forwarded to the Sheriff, or designee, in
accordance with ACA Standards. In addition, monthly and daily statistics shall be required as
follows: (i) The Sheriff shall require a review of statistical data reflecting the previous month's
activities.The data may include but shall necessarily be limited to: (1) Number of hours worked
by inmates; (2) Number of meals served each day, including specialty diets; (3) Types of
specialty meals served; and, (4) Other data deemed appropriate by the County.
k. Monthly Meetings. The Food Services Manager shall attend scheduled monthly meetings with
jail staff, medical staff, and corrections staff to evaluate statistics, program needs, problems,
and coordination them.
a. Inmate Labor. The Jail Superintendent shall provide inmate labor as mutually agreed upon
between the Parties. Summit shall specify the number of inmate workers per shift for an
assumed preparation of 47,500 — 52,000 meals yearly. Inmates shall be used only for the
preparation of food, delivery of meals, and general sanitation and cleaning of the kitchen.
Inmates are not permitted to supervise other inmates. Summit shall include the inmate
training as part of the Summit's overall training program for Summit's employees for the JCJ.
Summit agrees to train and supervise inmates only with respect to food service tasks. Summit
training and supervision of inmates shall be subject to the overall control of JCJ. JO staff shall
not be posted in the kitchen but shall make periodic welfare checks.
b. Open, Collaborative Relationship. Summit shall maintain an open, collaborative relationship
with the administration and staff of JCJ.
3.3 Purchasing. Summit shall purchase those Products and supplies necessary to comply with
Summit's obligations as set forth in this Agreement from Summit's approved vendors that meet
Summit's guidelines and requirements.
Page 4 of 17
DocuSign Envelope 10:90939818-B529-4001-879C-849884860920
3.4 Commodities. Summit shall incorporate free federal and/or state commodities when they are
available, wholesome, and appropriate to the menu. Summit reserves the right to refuse
acceptance of any such commodities that are contaminated or supplied in excessive amounts
rendering them unusable within their respective dates of expiration. Summit warrants that
commodities received shall be used solely for the benefit of those persons in custody at JCJ.
Summit shall properly handle, store, and prepare commodities for consumption.
3.5 Inventory. Summit will purchase and own all inventories of food, beverages, and supplies. Upon
termination of this Agreement for any reason, at Summit's option, (a) Summit may remove and
retain any remaining Product inventory or (b)County will purchase from Summit, at Summit's
invoice cost, any remaining Product inventory.
3.6 Cleaning. Summit and the Sheriff or designee shall be jointly responsible for housekeeping and
sanitation in the food preparation, storage, and service areas of the Premises. Summit shall
perform routine cleaning and housekeeping in the food preparation and service areas and of the
Food Preparation Equipment to the standards of sanitation required by state or local regulations.
The Sheriff shall perform major cleaning including,without limitation, stripping and waxing floors,
cleaning walls, windows, fixtures, ceilings, electric light fixtures, grease traps, hoods and vents,
duct work, plenum chambers, pest control and roof fans throughout the Food Service Facilities as
defined herein. The Sheriff shall be responsible for setting up and cleaning the Premises for
functions not managed by Summit, in addition to any related charges. The Sheriff shall be
responsible for removal of refuse from the collection areas and all refuse removal charges. JCJ
shall provide all cleaning supplies for the kitchen areas and equipment.
3.7 Inspections by Jefferson County Health Department. Inspections shall be made by the Jefferson
County Health Department of the food preparation and service areas and of the Food Preparation
Equipment,as deemed necessary,with or without advance notice to Summit,and such inspections
shall not interfere with the food service operations. Inspections of the food preparation and
service areas or the Food Preparation Equipment by the Jefferson County Health Department must
result in no RED violations. If red violations of the food preparation and service areas or the Food
Preparation Equipment are noted, Summit shall notify JCJ of areas to be improved and shall
remedy the deficiency within 5 days of receipt of such notice.
4. EMPLOYEE AND SUBCONTRACTING REQUIREMENTS
4.1. Employees.Summit shall hire employees necessary for its performance of this Agreement. Persons
employed by Summit will be the employees of Summit and not of County or the Sheriff. Summit's
employees and agents shall comply with applicable rules and regulations concerning conduct on
the Premises, which County imposes upon its employees and agents provided such rules and/or
regulations are not in violation of any federal,state,and/or local laws. The Sheriff agrees to provide
Summit notice of any proposed changes in applicable rules and regulations, at least thirty(30)days
prior to implementation. Summit will consider the Sheriff's written requests to remove Food
Service employees, provided such requests are non-discriminatory and comply with all laws and
regulations governing employment.
4.2. Employment Terms; Employee Pension and Benefit Plans. Summit in its sole discretion may elect
to hire any persons who are qualified,available,and willing to provide Food Service at the Premises.
Summit shall have the authority to establish the terms of employment for all current Summit
Page 5 of 17
DocuSign Envelope ID 9C939818-B529-4D01-879C-849B84860920
managers and employees (including Existing Employees that Summit may elect to hire relating to
this Agreement).
4.3. Employee Screening and Licensing.
a. Summit's employees and the employees of any of Summit's approved subcontractor shall
submit to a Washington State Patrol fingerprint identity and criminal history check before they
are authorized to perform services for the Project at the JCJ. The County agrees to bear all
reasonable costs incurred in the performance of these criminal history/background checks.
b. Summit shall conduct necessary background checks as required by law.
c. Prior to JCJ's approval for employment, an applicant screening shall be conducted.
d. Summit shall provide a completed background packet on each employee applicant prior to
employment and admission to the jail.
e. The Food Services Manager must receive all applicable licenses or certificates for all
professional staff prior to employment.
4.4. Prohibition or Removal of Summit's Employees. The Sheriff may prohibit entry to the JCJ,or remove
therefrom, an any employee of Summit who does not perform services in a professional manner,
or who violates JCJ's security rules and procedures. Any personnel that are suspected of violating
security policies for JCJ shall immediately be terminated from employment at JCJ by Summit. The
Sheriff or his designee reserves the right to search any person, property, or article entering the JCJ.
4.5. Wages and Hours. Summit shall comply with all applicable federal, state, and local laws and
regulations pertaining to the wages and hours of employment for Summit's employees. County
shall comply with all applicable federal, state, and local laws and regulations pertaining to the
wages and hours of employment for County's employees.
4. 6. Payroll Taxes. Summit shall be responsible for all withholding and payroll taxes relative to Summit's
employees. County shall be responsible for all withholding and payroll taxes relative to County's
employees.
4.7. Equal Opportunity and Affirmative Action Employer.Summit abides by the requirements of 41 CFR
60-1.4(a), 60-300.5(a) and 60-741,5(a). These regulations prohibit discrimination against
qualified individuals based on their status as protected veterans or individuals with disabilities,and
prohibit discrimination against all individuals based on their age, race, color, religion, sex, sexual
orientation, or national origin. Summit employs and promotes individuals without regard to age,
race, color, religion, sex, national origin, protected veteran status or disability.
4.8. Safety Considerations. Summit shall be responsible for compliance with all relevant state and
federal workplace safety requirements to include compliance with JCJ's safety directives and
policies. Summit shall be responsible for ensuring that its employees are trained in the safety
procedures appropriate to assigned work.
Page 6 of 17
DocuSign Envelope ID.9C93981&8529-4D01-879C-849884860920
4.9. Drug Use Policy.The use of illegal drugs, alcohol, or controlled substances on the County property
or premises is strictly prohibited. Summit's employees shall not perform services for the Food
Service while under the influence of drugs or alcohol is strictly prohibited, and if discovered, may
be reported to the appropriate law enforcement agency.
4.10. Tobacco Policy. The use of tobacco of any kind on property or premises of the County shall be in
compliance with the County policies.
4.11. Harassment, Discrimination, Fraternization. Any form of harassment, discrimination, or improper
fraternization with JCJ inmates or employees is strictly prohibited.
4.12. Collective Bargaining. Summit shall specify if any of Summit's employees who shall be performing
services on 1C1 premises are covered by any labor unions involved in collective bargaining
agreements. If so, Summit shall identify the date the current labor agreement expires. Summit
shall also disclose if it is currently involved in any labor relation litigation, mediation, or
negotiation that may affect its ability to perform its obligations under the Contract.
4.13. Non-Hire. County acknowledges that Summit has invested considerable amounts of time and
money in training its Supervisory Employees. Therefore, the County agrees that during the
Supervisory Employee's employment with Summit and for a period of twelve (12) months
thereafter no Supervisory Employees of Summit will be hired by County nor any facility affiliated
with County, nor will County permit employment of Summit Supervisory Employees on County's
Premises or the Premises of any facility affiliated with County. County agrees that if it violates this
provision, County shall pay to Summit, and Summit shall accept as liquidated damages and not as
a penalty, an amount equal to one time the annual salary of the Supervisory Employee(s) hired by
or allowed to work with County in violation of the terms of this Agreement. Summit shall be
entitled to pursue all other remedies available under federal, state, or local law. This provision
shall survive the termination of this Agreement.
4.14. Subcontracting Requirements.
a. Summit Owns Contract Performance: Summit is responsible for meeting all terms and
conditions of the Contract including standards of service, quality of materials and
workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to the
Contract. Summit assumes responsibility for and all liability for the actions and quality of
services performed by any subcontractor.
b. Subcontractor Approval: Every subcontractor must agree in writing to follow every term of the
Contract. Summit must provide every subcontractor's written agreement to follow every term
of the Contract before the subcontractor can perform any services under the Contract. The
Sheriff or designee must approve any proposed subcontractors in writing.
c. Subcontractor Disputes: Any dispute arising between Summit 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 delivery of contracted goods and services.
5. PREMISES, FACILITIES, UTILITIES, AND EQUIPMENT
5.1 Premises. The Premises shall be in good condition and maintained by the County to ensure
compliance with applicable Governmental Rules and to enable Summit to perform its obligations
hereunder. County shall be responsible for any modifications or alterations to the workplace or
Page 7 of 17
oocuSign Envelope ID:9C939818-B529-4D01-879C-849884860920
the Premises necessary to comply with any applicable Governmental Rules. Summit shall have no
obligation to maintain or repair the Premises.
5.2 Food Preparation Equipment. County shall permit Summit to use all the County's Food Preparation
Equipment in the performance of Food Service. The Food Preparation Equipment provided by
County shall be commercial grade, in good condition and shall be maintained, repaired, and
replaced by County to permit the performance of the Food Service and to ensure compliance with
applicable Governmental Rules. Summit and County shall inventory County's current Equipment
within thirty (30) days after the Commencement Date. Summit shall take reasonable care of all
Food Preparation Equipment under its custody and control, provided that the foregoing shall not
limit County's obligation to maintain, repair and replace (as necessary) the Food Preparation
Equipment. If County fails to make necessary repairs or replacement to equipment within a
reasonable amount of time, Summit shall have the right to effect equipment repairs or
replacements at County's expense. Summit shall retain title to replacement equipment it obtains
and shall be entitled to assert a security interest in any equipment that it purchases or repairs
under this section provided that once the cost of the purchased equipment or equipment repair
has been recovered, Summit shall release the security interest and title for any such purchased
equipment to County.
5.3 Premises and Utilities.At its own expense, County shall maintain, repair, replace, and keep in safe
operating condition the Premises and utilities sufficient to permit the performance of the Food
Service and to ensure compliance with Governmental Rules.
5.4 Smallwares and Servicewares. At its own expense, County shall furnish Summit with the
Smallwares, Servicewares and Food Preparation Equipment requested by Summit that are
reasonably necessary to perform the Food Service.
6. COMPLIANCE WITH LAW, LICENSES & PERMITS, AND TAXES
6.1 Compliance with Applicable Law. While performing services at the JCJ, Summit, subcontractors,
and their employees are required to comply with all applicable local,state,and federal laws,codes,
ordinances, and regulations, including but not limited to:
a.Applicable Regulations of the Washington Department of Labor and Industries, including
WA-DOSH Safety Regulations;
b.Washington and Jefferson County public health rules and regulations; and,
c.State and Federal Anti-Discrimination Laws.
6.2 Licenses and Permits.
a.Summit warrants it is licensed or legally entitled to do business in the State of
Washington.
b.Summit shall procure, maintain, and post the food licenses and permits as required by
law.
c.County represents and warrants that it has and will maintain all other licenses and
permits necessary to operate the Premises and the Food Service. County agrees to notify
Summit immediately upon receiving notice of loss of any such permit or license.
6.3 Taxes. Summit shall be responsible for collecting and remitting sales tax on applicable sales
collected by Summit. Unless County provides documentation of County's federal and state tax-
exempt status to the Summit's sole satisfaction,County shall reimburse Summit for state and local
sales tax on the full amount of charges and fees billed to the County. County shall secure and pay
Page 8of17
DocuSign Envelope ID:9C939818-8529-41)01-879C-849884860920
all federal, state, and local property, excise and income and other taxes and fees required for the
Premises and resulting from the Food Service provided for hereunder. County shall immediately
pay for any tax assessments including interest, penalties, costs, and expenses, which are assessed
against the Food Service operation and were not in effect as of the Commencement Date or were
owed but unpaid as of the Commencement Date. County shall notify Summit promptly should its
sales tax status be changed.
7. FINANCIAL ARRANGEMENTS
7.1 Payment Arrangement.
a. Inmate Flat Base Price. County shall pay Summit the amount of One Hundred Twenty-One
Dollars and twenty cents($121.20) per Meal Period (breakfast, lunch, and dinner), plus $1.00
per meal served based on inmate count. The rate shall not include charges for supplements,
cleaning supplies, equipment purchases or repairs. The prices per meal shall be guaranteed
for a period of one year unless there is a change in the scope of services, at which time the
parties shall negotiate mutually agreeable financial terms.
b. Opening Charges. Opening Charges shall be due in lump sum upon receipt of invoice. In the
event this Agreement is terminated prior to full payment of Opening Charges,then the County
agrees to pay Summit immediately the amount of any outstanding balance due pursuant to
this Section.
c. Service and Pricing Assumptions. The financial terms set forth in this Agreement, and all other
obligations assumed by Summit under this Agreement, are based on the following
assumptions:
1. Inmate Population: Summit will assume 47,500 — 52,000 meals shall be served at JCJ in
2022. The base price shall include the furnishing of all labor, materials, equipment,
insurances, licenses, and applicable taxes necessary or proper for the completion of the
services required for the Project. The number is provided as a guideline for meals to be
served and shall not be construed to mean that Summit shall serve that exact
corresponding number of meals on a yearly basis.
2. Purchasing: Summit will make purchases on behalf of the County at a level similar to that
in place at the Commencement of this Agreement.
To the extent any of the basic assumptions change or if County requests a significant change
in Services as provided under this Agreement, the Summit's base rate shall be proportionately
increased, unless the Parties mutually agree otherwise. However, Summit agrees the rates
shall be good and not revocable by Summit for an evaluation period of 90 days from the date
of the opening, unless otherwise agreed by the Parties. Further, the Inmate Base Price is
subject to review no more often than once each year at the anniversary date of this Agreement.
d. Payments Due and Late Payment Penalty. On the first day of each week, Summit shall submit
to the County an invoice for meals ordered or prepared, whichever is greater,for the previous
week. Mail or deliver invoices to:
Jail Superintendent
Jefferson County Jail
81 Elkins Road
Page 9 of 17
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Port Hadlock,WA 98339
or any other address so designated by the County in writing. The invoice shall contain the
description of service including quantity if any. County shall pay the full invoice amount within
forty-five (45) days from the issuance of the invoice. In the event payment is not made within
forty-five (45) days of the due date,the invoice will be subject to a finance charge of eighteen
percent (18%) per annum or, if less, the maximum amount permitted under applicable law.
The right of Summit to charge the finance charge shall not be construed as a waiver of Summit's
normal entitlement to receive timely payment as set forth herein.
e. Right to Offset. If County is more than forty-five (45) days past due on any obligations to
Summit,Summit shall have the right to offset,from any other sums owed by Summit to County,
all or any portion of such outstanding receivables. Additionally, Summit shall have the right,
at Summit's option, at any time that County is over forty-five (45) days past due on any
obligations require that County pay, on a prebilling basis, at least one week in advance of each
Accounting Period, the estimated amount due Summit for that Accounting Period. The
estimated amount shall be adjusted and reconciled to the actual amount in the next prebilling
invoice, or if County is no longer past due on its obligations to Summit, with the next invoice
due hereunder. Further,Summit shall have the right to immediately adjust hours,prices,labor,
and menu offerings to further off-set any losses.
f. Change in Conditions. The financial terms set forth in this Agreement,and all other obligations
assumed by Summit in this Agreement, are based on Conditions and the Representations. In
the event of change in the Conditions, inaccuracy of the Representations,or if County requests
any significant change in the Food Service as provided under this Agreement, the financial
terms and other obligations assumed by Summit shall be renegotiated to reflect a
proportionate increase in Summit's charges to the County. Summit will provide a thirty (30)
day notice of any proposal to increase charges.
g. Future Pricing. Pricing adjustments shall be made on an annual basis and shall be agreed upon
by the Parties at a rate no less than the greater of: three percent (3%) or the most recently
released U.S. Department of Labor Consumer Price Index, All Urban Consumers, National
Average Unadjusted, Food Away from Home. Up to ninety(90)days prior to the anniversary of
the Commencement Date,Summit shall provide County notification of the adjustment. On the
anniversary date, Summit proposed adjustments shall go into effect, unless the Parties have
entered into a written agreement with an alternative cost adjustment.
8. TERMINATION OF THE AGREEMENT.
8.1 Termination for Cause. This Agreement may be terminated for cause immediately, if any
shutdown of the food service is required by an outside agency such as OSHA or the Washington
Department of Health and upon ten-days written notice, if not for a health or a safety problem.
8.2 Termination for Convenience. If either party refuses, fails or is unable to perform or observe any
of the terms or conditions of this Agreement for any reason other than for Excused Performance
as set forth in this Agreement,the party claiming such deficiency shall provide the breaching party
written notice of any such breach. If the breaching party remedies such breach within (i)three(3)
days in the case of failure to make payment when due, (ii) ninety(90)days in the case of any other
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breach, or (iii) a reasonable time where cure is not possible within fifteen (15) days (collectively
the "Notice Period"), the notice shall be null and void. If the breaching party fails to remedy the
breach within the Notice Period, the party giving notice may cancel the Agreement after the end
of the Notice Period.
8.3 Termination for Financial Insecurity. If either Party makes an unauthorized assignment for the
benefit of creditors,files a petition under the bankruptcy or insolvency laws of any jurisdiction,has
or suffers a receiver or trustee to be appointed for its business or property, or is adjudicated a
bankrupt or an insolvent,the other party may terminate the Agreement with three(3)days' notice.
Provided, however, that County agrees to provide Summit thirty (30) days' notice before filing a
petition for bankruptcy.
8.4 Voluntary Termination. At any time after one year of service and in any renewal term of this
Agreement,either Party may terminate this Agreement with or without cause by written notice to
the other party given not less than ninety(90)days prior to the effective date of termination.
8.5 Steps Upon Termination. Upon the termination or expiration of this Agreement, Summit shall
vacate the Premises occupied by Summit and shall remove its own equipment and return
equipment furnished by County pursuant to this Agreement. Upon termination of this Agreement,
Summit shall surrender the then-current Food Preparation Equipment to County in the condition
as it was delivered on the Commencement Date (or, if later, in the condition in which such Food
Preparation Equipment was placed into service), excepting ordinary wear and tear, damage
resulting from County's failure to maintain the Food Preparation Equipment and other damage
including damage caused by force majeure) for which Summit is not responsible hereunder.
8.6 Continuing Obligations. The termination of this Agreement shall not affect the rights, privileges,
or liabilities of the Parties as they exist as of the effective date of termination. All outstanding
amounts owed to Summit shall become due and payable immediately upon termination. If, at
County's request, Summit enters into agreements with one or more third parties in connection
with its management of County's Food Service operations (collectively,"Third Party Agreements"),
County agrees, at County's sole cost and expense, to: (i) assume and undertake (or cause to be
assumed and undertaken by the Food Service provider succeeding Summit) all responsibilities of
Summit under all Third Party Agreements from and after the date this Agreement expires or is
earlier terminated; (ii) release Summit from all liability associated with such Third Party
Agreements from and after the date this Agreement expires or is earlier terminated; and (iii) bear
all liability and responsibility with respect to any costs, fees and other charges associated with
termination of such Third Party Agreements. This Paragraph shall survive the termination or
expiration of this Agreement.
9. INDEMNIFICATION; INSURANCE
9.1 Insurance. Both County and Summit shall maintain their own insurance on their respective real
property,equipment, and contents. Upon request,evidence of such insurance shall be provided in
the form of a certificate of insurance.
a. County Insurance. County shall procure and maintain property insurance for the Premises,the
Food Preparation Equipment and any Smallwares, Servicewares and food and beverage
inventory against all loss or damage as insured against under a commercial property causes of
loss—special form policy(or any successor policy form).
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b. Summit Insurance. Summit shall procure and maintain the following insurance:
i. Worker's Compensation Insurance (Industrial Insurance): Summit shall maintain
workers' compensation insurance at its own expense, as required by Title 51 RCW, for
the life of the Contract and shall provide evidence of coverage to Jefferson County Risk
Management, upon request. 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.
This coverage shall extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Summit 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, If the County
incurs any costs to enforce the provisions of this subsection, all cost and fees shall be
recoverable from Summit.
ii. Comprehensive General Liability Insurance: Summit shall maintain Commercial
General Liability coverage for bodily injury, personal injury, and property damage,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.The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum coverage:
1. Broad Form Property Damage, with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability—including completed operations;
4. Premises—Operations Liability(M&C);
5. Independent Contractors and subcontractors;
6. Blanket Contractual Liability.
7. The County and its elected officials, officers and employees shall be named as
an additional insured party under this policy.
Summit's Commercial General Liability shall include Employer's Liability Coverage
with a limit of not less than $500,000.00.
iii. Automobile Liability: Summit shall maintain Business Automobile Liability insurance
with a limit of not less than $1,000.000.00 each accident combined Bodily Injury and
Property Damages. Coverage shall include owned, hired, and non-owned automobiles.
iv. Such insurance coverage shall be evidenced by one of the following methods:
1. Certificate of insurance;or,
2. Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
v. Certificates of insurance as required by this section shall be delivered to the County
within fifteen (15)days of execution of the Contract.
vi. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of the Contract by the County. At the option of the County,
the insurer shall reduce or eliminate deductibles or self-insured retention, or Summit
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DocuSign Envelope ID:9C939818•B529-4D01-879C-849884860920
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
vii. Summit'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.
viii. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the County, its officers, officials, employees, or agents.
ix. Summit'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.
x. Summit 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.
xi. Failure of Summit to take out and/or maintain any required insurance shall not relieve
Summit from any liability under the Contract, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning
indemnification.
xii. The insurance limits mandated for any insurance coverage required by the Contract are
not intended to be an indication of exposure nor are they limitations on
indemnification.
xiii. Summit shall maintain all required policies in force from the time services commence
until services are completed. Certificates, policies, and endorsements expiring before
completion of services shall be promptly replaced.
xiv. Summit 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.
c. Certificates of Insurance. Summit shall furnish the County with properly executed certificates
of insurance that, at a minimum, shall include:
i. Limits of liability coverage;
ii. Project name and contract number to which it applies;
iii. Certificate Holder as Jefferson County, Washington and its elected officials, officers,
and employees with the address of Risk Management,Jefferson County,P.O. Box 1220,
Port Townsend, WA 98368; and,
iv. A statement that the underlying insurance contract shall not be canceled or allowed to
expire except on thirty(30) days prior written notice to the County.
v. Summit shall provide a copy of all insurance policies specified in the Contract.
b. Written Notice of Cancellation of Change. Written notice of cancellation or change shall
reference the project name and contract number and shall be mailed to the County at the
following address: Risk Management, Jefferson County, P.O. Box 1220, Port Townsend, WA
98368.
a. Subrogation. It is agreed by the parties that 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 so affected shall protect both
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parties and be primary coverage for all losses covered by the above described insurance. It is
further agreed by the parties that 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. It is further agreed by
the parties that all deductibles in the above described insurance policies shall be assumed by
and be at the sole risk of Summit.
b. It is agreed by the parties that judgments for which the County may be liable, more than
insured amounts provided herein, or any portion thereof, may be withheld from payment due,
or to become due, to Summit until Summit shall furnish additional security covering such
judgment as may be determined by the County.
c. 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
Summit shall provide to comply with the Contract.
d. If the proof of insurance or certificate indicating the County is an "additional insured" to a
policy obtained by Summit 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 Summit to obtain
the full text of that endorsement and forward that full text to the County.
e. The County may, upon Summit's failure to comply with all provisions of the Contract relating
to insurance, withhold payment or compensation that would otherwise be due to Summit.
9.2 Indemnification. In addition to the requirements to obtain and maintain a policy of liability
insurance pursuant to which the County and all its elected officials, officers and employees shall
be named as either additional insured or the named insured, Summit agrees to indemnify, defend
and hold the County and all of its elected officials, officers and employees harmless from and
against all claims, suits, actions, damages or causes of action for any personal injury, loss of life,
damage to property or any action as a result of the performance of the Food Service and from and
against any orders, judgments, or decrees, which may be entered thereto, and from and against
all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any
such claim, suit, or action, and the investigation thereof.
10. GENERAL AGREEMENT TERMS
10.1 Confidentiality.
a. Neither County, nor County's employees or agents, shall disclose, photocopy, duplicate or
use, either during or after the term of this Agreement, any Proprietary, Confidential and
Trade Secret Information, without Summit's prior written permission. All Proprietary,
Confidential and Trade Secret Information shall remain Summit exclusive property. County's
access or use of Summit Proprietary,Confidential and Trade Secret Information or Software
shall not create any right, title, interest or copyright in such Information or Software. If
County is requested to disclose any of the Confidential Information to any third party for any
reason, County shall provide Summit with prompt notice of such request(s). Upon
termination of this Agreement, County shall return all Summit Proprietary, Confidential and
Trade Secret Information in County's possession relating to Summit's services pursuant to
this Agreement. County agrees that upon breaching this provision, Summit shall be entitled
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DocuSign Envelope ID 9C939818-B529-4D01-879C-849884860920
to equitable relief, including injunction or specific performance, in addition to all other
available remedies.This provision shall survive the termination of the Agreement.
b. Summit shall maintain strict privacy of all JCJ records, data, files (regardless of media),
including any copyrighted material received from JCJ.
10.2 Intellectual Property. Nothing in this Agreement is intended to grant any rights to County under
any patent, copyright, trademark, trade name, trade secret or other proprietary right of Summit
whether now owned or hereafter developed or acquired), all of which are reserved to Summit.
10.3 Independent Contractor Relationship. It is mutually understood and agreed, and it is the intent of
the Parties,that an independent contractor relationship is hereby established under the terms and
conditions of this Agreement. Employees of Summit are not, nor shall they be deemed to be,
employees of County. Employees of County are not, nor shall they be deemed to be, employees
of Summit.
10.4 Notice. Any notice required under this Agreement shall be deemed to have been sufficiently
provided when delivered by hand,or three days after being sent by certified or registered mail
return receipt requested, or by overnight delivery service with receipt of delivery, provided such
delivery is to the Parties at the following addresses:
County Summit
Jail Superintendent Summit Food Service, LLC
Jefferson County Washington 1751 County Road B West, Suite 300
79 Elkins Road Roseville, MN 55113
Port Hadlock, WA 98339
srichmond@co.jefferson.wa.us
10.5 Non-Performance. In the event of non-performance on the part of Summit (i.e., failure and/or
inability to meet agreed upon deadlines or specifications as outlined herein), consequential
damages shall be due to the County. The County may terminate the Contract and be relieved of
the payment of any consideration to Summit if Summit fails to perform as required by this
Agreement. In the event of such termination the County may proceed with the services in any
manner deemed proper by the County. The cost to the County shall be deducted from any sum
due Summit under the Contract.
10.6 Excused Performance. If performance of any terms or provisions of this Agreement (other than
the payment of monies) shall be delayed or prevented because of compliance with any law,
regulation, decree or order by any federal, state, or local court, governmental agency or
governmental authority, or because of riot, war, public disturbance, strike, lockout, differences
with workmen, fire, flood, Act of God or any other reason whatsoever, which is not within the
control of the party whose performance is interfered with, and which, by the exercise of
reasonable diligence said party is unable to prevent, the party so suffering may at its option,
suspend, without liability, the performance of its obligations hereunder(other than the payment
of monies) during the period such cause continues.
10.7 Assignment or Transfer. Summit shall give full attention to the faithful execution of this
Agreement,shall keep the all the services required for the Food Service under its control,and shall
not by the power of attorney or otherwise assign this Agreement to any other person without prior
approval of the Sheriff. Such consent shall not apply to Summit's transfer to a parent, sister, or
successor where Summit provides County at least thirty (30) days written notice and the County
fails to object during the notice period.
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10.8 Entire Agreement; No Waiver. This Agreement, including any Exhibits and Schedules to this
Agreement, constitutes the entire Agreement between the Parties with respect to the provisions
of Summit's services, and there are no other or further written or oral understandings or
agreements with respect thereto except as otherwise set forth herein. No variation or
modification of this Agreement and no waiver of its provisions shall be valid unless in writing and
signed by the duly authorized officers of Summit and County. This Agreement supersedes all other
agreements between the Parties or their predecessors for the provision of Food Service.
10.9 Disputes About the Meaning of this Agreement. Any disputes about the meaning of this
Agreement shall be resolved, in order of precedence, by reference to: (a)the language in this this
Agreement, including Exhibits and Schedules, as amended; and, (b)where specifically included by
reference, (ii)the RFP and (iii)the Proposal.
10.10Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts,
each of which shall be effective upon delivery and, thereafter, shall be deemed to be an original,
and all of which shall be taken as the same instrument with the same effect as if each party had
signed on the same signature page. This Agreement may be transmitted by fax or by electronic
mail in portable document format ("PDF") and signatures appearing on faxed instruments and/or
electronic mail instruments shall be treated as original signatures.
10.11 Washington Law Applies. The Parties agree that Washington law shall govern the validity and
construction of this Agreement. Should a lawsuit be necessary to enforce this Agreement, the
Parties hereby waive any objection to venue or personal jurisdiction and agrees to be subject to
the jurisdiction of the courts located in Washington. A facsimile copy or photocopy of this
Agreement shall be valid as an original thereof. EACH PARTY HEREBY WAIVES THE RIGHT TO A
TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF AND BROUGHT BY ANY OTHER PARTY.
10.12 Limitation of Liability. Summit's entire liability and County's exclusive remedy for damages arising
out of or related to this Agreement or the Food Service shall not exceed the total amount paid by
County to Summit for the current term of this Agreement. SUMMIT SHALL NOT BE LIABLE FOR
LOSS OF BUSINESS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFIT REGARDING THE PERFORMANCE OR
FAILURE TO PERFORM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM
BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY.
10.13Severability. Any term or provision of this Agreement that is invalid or unenforceable shall not
affect the validity or enforceability of the remaining terms and provisions hereof or the validity or
enforceability of the offending term or provision in any other situation.
10.14 Authority. Summit and County represent that the individual executing this Agreement has been
duly and validly authorized to execute this Agreement on each party's respective behalf with the
full power and authority under all applicable laws and respective articles of incorporation, bylaws,
or other governing instrument to enter into this Agreement and to perform their obligations
hereunder.
10.15Attorney's Fees and Costs. Should either party bring any legal action, each party in such action
shall bear the cost of its own attorney's fees and costs.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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DocuSign Envelope ID:9C939818-13529-4D01-879C-849884860920
IN WITNESS WHEREOF,the Parties,intending to be legally bound,have caused their appointed and
duly assigned officers to execute this Agreement.
JEFFERSON COUNTY WASHINGTON SUMMIT FOOD SERVICE,LLC
Board of County Commissioners
Jeffers County,Washington
000uSigned b
By: lVi /z z By: F/4.44%.G. ., 4,, 04.
DOC6960E010ne0
Heidi Eisenhour,Chair Date Signature
I0112 Marlin C. Sejnoha, 7r.
By: Name:
Kat Dean,Commissioner Date
Title: President and CEO
By: hk ZL 1/24/2022
Date:
eg Brotherton,Commissioner Date
SEAL:'
ATTEST:
ll rU Ctaa ke,,
Carolyn ry Cri rvaL. Date
fiNai*Clerk of the Board
Approved as to form only:
l
January 6,2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 17 of 17
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Amanda Christofferson, Grants Administrator
DATE: May 26, 2026
SUBJECT: Contract with Washington State Department of Commerce Growth Management
Division—Connecting Housing to Infrastructure Program (CHIP) for Mason Street
Workforce Housing Project Phase I
STATEMENT OF ISSUE:
Jefferson County is in need of workforce housing. The County supported Habitat for Humanity of East
Jefferson County (Habitat) in making an application to Commerce CHIP for their Mason Street project
which will ultimately develop 136 units of workforce housing.
ANALYSIS:
The Auditors office will manage and bill the grant. Revenue will be received in Fund 123 and used to
support the reimbursement of expenses that Habitat submits for the installation of infrastructure to connect
to water, wastewater and stormwater at the Mason Street development. This housing will provide sales tax
revenue while under construction,property tax revenue once occupied, revenue for the Hadlock sewer
utility, and other economic benefit.
FISCAL IMPACT:
This is $999,576.35 in grant revenue, with no match requirement, that will be passed thru to the subrecipient
Habitat for Humanity of East Jefferson County for direct work to install infrastructure.
RECOMMENDATION:
Staff requests the Board approve a motion to designate the County Administrator to sign the Contract with
Commerce Number: 26-96330-111for CHIP funding for Mason Street—Workforce Housing Project Phase I.
REVIEWED BY:
i 3/a-.6
Josh Peters, unty Administrator Date
CONTRACT REVIEW FORM Clear Form
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Dept.of Commerce CHIP Contract No: 26-96330-111
Contract For: Utility infrastructure improvements at Mason St.Habitat Housing Term: July 1, 2025 - June 30, 2027
COUNTY DEPARTMENT: Auditor's
Contact Person: Amanda Christofferson
Contact Phone: 360-385-9232
Contact email: amchristofferson@co.jefferson.wa.us
AMOUNT: $999, 576.35
PROCESS: Exempt from Bid Process
Revenue: 999,576.35 Cooperative Purchase
Expenditure: 999,576.35 Competitive Sealed Bid
Matching Funds Required: NA Small Works Roster
Sources(s) of Matching Funds NA Vendor List Bid
Fund # 123 RFP or RFQ
Munis Org/Obj TBD at Other: Grant
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: n N/A: 41120-4,1-0-, tMeat
4(
T. 5/13/26
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: El 4h 4jWJ. L 5/13/26
Signature lei Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/2/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/1/2026.
DPA Luther reviewed and approved on 6/1/2026
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
Washington State
Department of
40 Commerce
Capital Agreement with
Jefferson County
through
Connecting Housing to Infrastructure Program (CHIP)
Contract Number:
26-96330-111
For
To support the development of affordable housing by paying for utility
infrastructure improvements for the Mason Street Workforce Housing
Project, Phase 1
Dated: Tuesday, July 1 , 2025
UliUJll ll CI Ivelupe I.YfJ 1114JD-.7YU I-OCMJ-OJGU- CY C 1!J1-111UJ
Table of Contents
FACE SHEET 4
SPECIAL TERMS AND CONDITIONS 5
1. CONTRACT MANAGEMENT 5
2. COMPENSATION 5
3. BILLING PROCEDURES AND PAYMENT 5
4. SUBCONTRACTOR DATA COLLECTION 6
5. HISTORICAL OR CULTURAL ARTIFACTS 6
6. INSURANCE 7
7. FRAUD AND OTHER LOSS REPORTING 7
8. CERTIFICATION REGARDING DEBARMENT,SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION-
PRIMARY AND LOWER TIER COVERED TRANSACTIONS 7
9. INDEMNIFICATION 8
10. NO THIRD-PARTY BENEFICIARIES 8
11. OWNERSHIP 8
12. PUBLIC BENEFIT OF LATECOMER FEES 8
13. DOCUMENTATION AND SECURITY 8
14. ORDER OF PRECEDENCE 9
GENERAL TERMS AND CONDITIONS 10
1. DEFINITIONS 10
2. ALLOWABLE COSTS 10
3. ALL WRITINGS CONTAINED HEREIN 10
4. AMENDMENTS 10
5. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,ALSO REFERRED TO AS THE"ADA"28
CFR PART 35 10
6. APPROVAL 11
7. ASSIGNMENT 11
8. ATTORNEYS'FEES 11
9. CODE REQUIREMENTS 11
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 11
11. CONFORMANCE 11
12. CONFLICT OF INTEREST 12
13. COPYRIGHT 12
14. DISALLOWED COSTS 12
15. DISPUTES 13
16. DUPLICATE PAYMENT 13
17. GOVERNING LAW AND VENUE 13
18. INDEMNIFICATION 13
19. INDEPENDENT CAPACITY OF THE GRANTEE 14
20. INDUSTRIAL INSURANCE COVERAGE 14
21. LAWS 14
22. LICENSING,ACCREDITATION AND REGISTRATION 14
23. LIMITATION OF AUTHORITY 14
24. LOCAL PUBLIC TRANSPORTATION COORDINATION 14
25. NONDISCRIMINATION 14
Page 2 of 23
26. PAY EQUITY 15
27. POLITICAL ACTIVITIES 15
28. PREVAILING WAGE LAW 16
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 16
30. PUBLICITY 16
31. RECAPTURE 16
32. RECORDS MAINTENANCE 16
33. REGISTRATION WITH DEPARTMENT OF REVENUE 16
34. RIGHT OF INSPECTION 16
35. SAVINGS 17
36. SEVERABILITY 17
37. SUBCONTRACTING 17
38. SURVIVAL 17
39. TAXES 17
40. TERMINATION FOR CAUSE 17
41. TERMINATION FOR CONVENIENCE 18
42. TERMINATION PROCEDURES 18
43. TREATMENT OF ASSETS 19
44. WAIVER 19
ATTACHMENT A:SCOPE OF WORK: 20
ATTACHMENT B:CHIP BUDGET 21
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT 21
ATTACHMENT C:COMMITMENT OF CONTINUED AFFORDABILITY 22
Page 3 of 23
Docusign Envelope ID:4F51A45B-9401-8EA3-8320-E4DE173E7A63
Face Sheet
Contract Number 26-96330-111
Growth Management Services
Connecting Housing to Infrastructure Program
1. Grantee 2. Project Name and Address
Jefferson County Mason Street-Workforce Housing Project Phase 1
PO Box 658 91 Mason Street
Port Townsend, WA 98368 Port Hadlock, WA 98339
3. Grantee Representative 4. COMMERCE Representative
Amanda Christofferson Mischa Venables PO Box 42525
Grant Administrator CHIP Project Manager 1500 Jefferson Street
amchristofferson c(r7co.iefferson.wa.us 360)725-3088 Olympia, WA 98504
Mischa.venablescommerce.wa.qov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
999, 576.35 Federal: State: Other: N/A: July 1, 2025 June 30, 2027,
subject to
reappropriation
9. Federal Funds (as applicable) Federal Agency: ALN
0.00 N/A N/A
10. Tax ID#11. SWV# 12. UBI# 13. UEI#
91-6001322 0002430-28 161-001-169
14. Award Method NOFO/RFX# Proviso#
Non-Competitive ®Competitive
N/A 40000675
15. Contract Purpose
To support the development of affordable housing by paying for utility infrastructure improvements for the Mason Street
Workforce Housing Project, Phase 1
COMMERCE, defined as the Department of Commerce, and Grantee acknowledge and accept the terms of this Contract
and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Contract are governed by this Contract and the following other documents
incorporated by reference: Grantee Terms and Conditions including Attachment "A" - Scope of Work, Attachment "B" —
Budget, and Attachment"C"—Commitment of Continued Affordability.
FOR GRANTEE FOR COMMERCE
Josh Peters, Jefferson County Administrator Mark K. Barkley, Assistant Director
Jefferson County Local Government Division
Date Date
APPROVED AS TO FORM ONLY
Approved as to form only: BY ASSISTANT ATTORNEY GENERAL
06-01-2026 APPROVAL ON FILE
Jeremiah .Lu er Date
Civil Deputy Prosecuting Attorney
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Special Terms and Conditions
1. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Contract.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $999,576.35, (Nine hundred ninety-nine thousand,
five hundred seventy-six dollars and thirty-five cents)for the performance of all things necessary for
or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation
for services rendered shall be in accordance with Attachment A, Scope of Work, Attachment B,
Budget, and Attachment C, Commitment of Continued Affordability.
3. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, including backup documentation of costs, which shall be submitted to the
Representative for COMMERCE via email, or the Commerce Contracts Management System.
Invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees.
Each invoice/reimbursement request will either be submitted through the Commerce Contracts
Management System or submitted to Commerce with a complete and signed Invoice Voucher(Form
A-19) provided by a COMMERCE Representative and shall include the Contract Number 26-96330-
111. Backup documentation detailing each cost, including invoices or receipts, must accompany any
single expenses in the amount of$50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
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UULUJIIyI I CI I veuupe IU.Yru IMNJO-.7YV I-OCMJ-UJGV-LYVL I I JLI nVJ
Line Item Modification of Budget
A. Notwithstanding any other provision of this contract, the Grantee may, at its discretion, make
modifications to line items in the Budget (Attachment B)to respond to changes in project costs.
A. The Grantee shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item of the Budget (Attachment B).
B. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email), and such written approval shall amend the Budget. Each
party to this contract will retain and make any and all documents related to such budget
modifications a part of their respective contract file.
C. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in the Face Sheet of this contract, nor does this section allow any
proposed changes to the Scope of Work under Attachment A, without specific written approval
from COMMERCE by amendment to this contract.
4. SUBCONTRACTOR DATA COLLECTION
Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
Subcontractors" shall mean subcontractors of any tier.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Grantee shall complete
the requirements of Governor's Executive Order 21-02, where applicable, or Grantee shall complete
a review under Section 106 of the National Historic Preservation Act, if applicable. Grantee agrees
that the Grantee is legally and financially responsible for compliance with all laws, regulations, and
agreements related to the preservation of historical or cultural resources and agrees to hold harmless
COMMERCE and the state of Washington in relation to any claim related to such historical or cultural
resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, Grantee shall, in accordance with Governor's
Executive Order 21-02 coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any
tribal cultural resources affected by Project. Grantee agrees to avoid, minimize, or mitigate impacts
to the cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Grantee agrees that, unless the Grantee is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered
during construction, the Grantee shall immediately stop construction and notify the local historical
preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Grantee shall
report the presence and location of the remains to the coroner and local enforcement immediately,
then contact DAHP and the concerned tribe's cultural staff or committee.
The Grantee shall require this provision to be contained in all subcontracts for work or services related
to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Grantee agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27. 53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25- 48
regarding Archaeological Excavation and Removal Permit.
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the Grantee finds it necessary to amend the Scope of Work the Grantee may be
required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance
liability program and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this Contract immediately or as soon as practicable to the Commerce Representative
identified on the Face Sheet.
8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION- PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief they:
i. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency.
ii. Have not within a three-year period preceding this Grant, 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 performing a public or
private agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, receiving stolen property, making
false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local)with commission of any of the
offenses enumerated in paragraph (1)(b)of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or
more public transactions (Federal, State, or local)terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee
shall attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
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VVUOIIJ.II LIIVCIV'JC I.YI J If1YJ JYV ITV L/1J'V JCVLY L I I JLI lIVJ
i. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such Grantee shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily
excluded, as used in this section, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549. You may contact
COMMERCE for assistance in obtaining a copy of these regulations.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. NO THIRD-PARTY BENEFICIARIES
This Agreement is enforceable only by COMMERCE and GRANTEE and is not intended to
establish any third-party entitlements, rights, or causes of action.
11. OWNERSHIP
COMMERCE disclaims any ownership in deliverables reimbursed under this grant.
12. PUBLIC BENEFIT OF LATECOMER FEES
Any latecomer fees as defined by RCW 35.91.020 collected by the Grantee or Subgrantee at any
tier arising from infrastructure funded in whole or in part by this Contract, shall be remitted to the
Grantee's affordable housing fund or to another funding source designated by the Grantee in
support of affordable housing in the community.
13. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to all work performed under this Contract. COMMERCE
reserves the right to review all state-funded projects and to require that work performed by
Subcontractors of this Contract comply with this section.
A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by a
deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of Trust)
executed by landowner/sub recipient of the grant. The Deed of Trust shall be recorded in the
County where the Project is located, and the original returned to COMMERCE after recordation
within 90 calendar days of Grant Agreement execution. The Deed of Trust must be recorded
before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by
the Deed of Trust shall be the amount of the Grant Agreement as set forth on the Face Sheet.
B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and
effect for a minimum period of 25 years from the date in which the property is improved upon and
a statement of occupancy is issued for the purposes of affordable housing as intended under the
funding. For single family housing units a partial reconveyance may be issued at the time of sale
to qualified homeowner, but the affordability period will remain in effect under a covenant. For
multi family housing units a reconveyance will be issued after the 25 year period has expired.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. The property shall be covenanted for the purposes intended under the funding for a
period of 25 years.
E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
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vUa,UOlyn awwLJC Iu. Ifl . ThdTv. uwv
COMMERCE shall respond to the request in writing within 30 calendar days of receiving the
request.
F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed of
Trust on the fee interest of the real property where the Project is located, if the Project is on
leased property.
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A—Scope of Work
Attachment B— Budget
Attachment C—Commitment of Continued Affordability
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LJU.UJIIyI I CIIVCIVtJC IU.Yr."I M61.0I7'04V 1-UGMJ-VJLV'LYVL I I JLI^VJ
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE"shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated
by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the
same as delivery of an original.
D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Grantee.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor"shall mean one not in the employment of the Grantee,who is performing all or
part of those services under this Contract under a separate contract with the Grantee. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
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6. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys'fees and costs.
9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Grantee by COMMERCE that is designated as "confidential"
by COMMERCE;
ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
iii. All Personal Information in the possession of the Grantee that may not be disclosed under
state or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE
or as may be required by law. The Grantee shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Grantee shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they
apply to this Contract whenever COMMERCE reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Grantee shall make the changes within
the time period specified by COMMERCE. Upon request,the Grantee shall immediately return
to COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this contract 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.
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12. CONFLICT OF INTEREST
Grantee must maintain and comply with written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award and administration of
contracts. Grantee must comply with the following minimum requirements:
A. No employee, officer, or agent may participate in the selection, award, or administration of a
contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would
arise when the employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract.The officers,employees,and agents of the Grantee may neither solicit nor accept
gratuities, favors, or anything of monetary value from Grantees or parties to subcontracts and
must comply with RCW 39.26.020. However, Grantee may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal value. The
standards of conduct must provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the Grantee.
B. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local
government, or federally recognized tribe, the Grantee must also maintain written standards of
conduct covering organizational conflicts of interest. Organizational conflicts of interest means
that because of relationships with a parent company, affiliate, or subsidiary organization, the
Grantee is unable or appears to be unable to be impartial in conducting a procurement action
involving a related organization.
13. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire"under the U.S. Copyright laws,the Grantee hereby irrevocably assigns all right,title,and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
Materials"means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract,of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Grantee with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Grantee.
14. DISALLOWED COSTS
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
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15. DISPUTES
Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Grantee's name, address, and Contract number; and
be mailed to the Director and the other party's (respondent's) Contract Representative
within three (3)working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
16. DUPLICATE PAYMENT
Grantee certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
18. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subcontractor or its employees.
The Grantee's obligation shall not include such claims that may be caused by the sole negligence of
the State and its agencies, officials, agents, and employees. If the claims or damages are caused by
or result from the concurrent negligence of(a)the State, its agents or employees and (b)the Grantee,
its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only
to the extent of the negligence of the Grantee or its subcontractors, agents, or employees.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
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19. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent Grantee relationship will be created by this Contract. The
Grantee and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Grantee.
20. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW. If the Grantee fails to provide
industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may
be required by law, COMMERCE may collect from the Grantee the full amount payable to the
Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to
the accident fund from the amount payable to the Grantee by COMMERCE under this Contract, and
transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I's rights to collect from the Grantee.
21. LAWS
The Grantee shall comply with all applicable laws,ordinances, codes, regulations and policies of local,
state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract.
24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Grantee shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONDISCRIMINATION
A. Nondiscrimination Requirement. During the performance of this Agreement,the Grantee, including
any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations
and policies,this shall include but not be limited to the following:Grantee, including any subcontractor,
shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE,
including any subcontractor, shall give written notice of this nondiscrimination requirement to any
labor organizations with which GRANTEE, or subcontractor, has a collective bargaining or other
agreement.
The funds provided under this Agreement shall not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this Agreement.
B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with
any Washington state agency investigation regarding any allegation that GRANTEE, including any
subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW
49.60.530(3).
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C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE,
including any subcontractor, upon notice of a failure to participate and cooperate with any state
agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW
49.60.530(3). Any such suspension will remain in place until COMMERCE receives notification that
GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the
event GRANTEE,or subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE,
subcontractor, or both, may be referred for debarment as provided in RCW 39. 26.200. GRANTEE or
subcontractor may be given a reasonable time in which to cure this noncompliance, including
implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement
termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall be
liable for contract damages as authorized by law including, but not limited to, any cost difference
between the original Grant and the replacement or cover Grant and all administrative costs directly
related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff
time ,which damages are distinct from any penalties imposed under Chapter 49.60, RCW. GRANTEE
may also be required to repay grant funds pursuant to Section 31 (Recapture) of the General Terms
Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement.
COMMERCE shall have the right to deduct from any monies due to GRANTEE or subcontractor, or
that thereafter become due, an amount for damages GRANTEE or subcontractor will owe
COMMERCE for default under this provision.
26. PAY EQUITY
The Grantee agrees to ensure that"similarly employed" individuals in its workforce are compensated
as equals, consistent with the following:
A. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
B. Grantee may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
i. A seniority system; a merit system;a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference
in compensation levels.
ii. A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Contract may be terminated by the Department, if the Department or the Department of
Enterprise Services determines that the Grantee is not in compliance with this provision.
27. POLITICAL ACTIVITIES
Political activity of Grantee's employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
Page 15 of 23
LIUL.uJll9ll LI IVGIVF/Q IV.11 J 1111JU'U7V I
28. PREVAILING WAGE LAW
The Grantee certifies that all Grantees and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, to the extent applicable
to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent
to Pay Prevailing Wages" and "Affidavit of Wages Paid" to the extent required by RCW 39.12.040.
The Grantee shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW to the
extent applicable, and shall make such records available for COMMERCE's review upon request
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial,or other such services,other than actual solicitation,are not hereby prohibited
if otherwise eligible as project costs.
30. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
31. RECAPTURE
In the event that the Grantee fails to perform this Contract in accordance with state laws,federal laws,
and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
32. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Grantee shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
34. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Grantee shall provide
access to its facilities for this purpose.
Page 16 of 23
35. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the"Termination for Convenience" clause, without the ten business day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
37. SUBCONTRACTING
The Grantee may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Grantee from subcontracting with a particular person or entity;
or(c) require the Grantee to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Grantee shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach
in the performance of the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions,the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Grantee in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may
be terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by
law including, but not limited to,any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
Page 17 of 23
VUI.UJIyI I LI IVGIUF/G IL,.YI ..I I/1YJU'J1V I-UL.fl%1 JLV-I_YVI_I I JLI IIVJ
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Grantee: (1)was not in default; or (2)failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days'written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Grantee to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated,for completed work
and services accepted by COMMERCE, and the amount agreed upon by the Grantee and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract.
COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Grantee under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
Page 18 of 23
VUUUJIIJI I LII VGIUFIG IL/.TI U IlITUI../ ./'.v. v I. UU v Tv I.vim...vim
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Grantee and in which COMMERCE has or may acquire an interest.
43. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or(ii)commencement of use of such property in the performance of this
contract, or(iii)reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Grantee or which results from the failure on the part of the
Grantee to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Grantee under this clause shall also include Grantee's employees, agents
or Subcontractors.
44. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Page 19 of 23
IJUI.UJII9II CI I ve1Upe IU.Yr.I IMY.ID-.7 fU I-OCMJ-OJLU-CYVG I IOC /1VJ
Attachment A: SCOPE OF WORK:
Scope of Work
Water: The project is a 17-acre neighborhood that does not have water service on site. The
improvements will make connections at the water services on the perimeter of the property into the
interior of the property for the 136 homes planned. Phase 1 includes 24 units.
Sewer: The project is a 17-acre neighborhood that does not have sewer/wastewater service on site. The
improvements will make connections at a sewer main on the perimeter of the property into the interior of
the property for the 136 homes planned. This will include onsite grinder pump installations. Phase 1
includes 24 units.
Stormwater: The project is a 17-acre neighborhood of 136 homes. The improvements will ensure that
stormwater runoff can be managed on site. Phase 1 includes 24 units.
Project Requirements
Based on the criteria within the state capital budget, SB 5195 Sec 1020, and criteria developed by
Commerce to ensure the terms of the appropriation are met, all grants must meet the following criteria:
Applicant must be a city, county or public utility district, applying in coordination with the
developer of a affordable housing project, located within a jurisdiction that imposed a sales and
use tax under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or 84.52.105.
The utility project must serve new affordable housing projects that serve and benefit low-income
households as defined by RCW 43.185A.010 for at least 25 years. If the project is a mixed-
income project, the affordable portion of the development must be at least 25%. (See Appendix
C, Commitment of Continued Affordability.)
Project work, meaning breaking ground and starting the construction process, must start by
January, 2028.
For system development charge waiver reimbursement,jurisdictions must have an adopted fee
waiver program, and documentation that the fees have been waived for the affordable housing
units by each provider for water, sewer, and stormwater, in accordance with the budget. See
Appendix B, Budget.
CERTIFICATION PERFORMANCE MEASURE —SCOPE OF WORK
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE as of the date and year written below.
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 20 of 23
Attachment B: CHIP Budget
Type.of-Cost . j Recipient j Amount Atli
Waived system
development charges Jurisdiction or public utility waiving the SDCs: 0
SDCs)for Water
Waived system
development charges Jurisdiction or public utility waiving the SDCs: 0
for sewer
Waived system
development charges Jurisdiction or public utility waiving the SDCs: 0
for Stormwater
Utility improvement
costs as detailed in Pass through funding to affordable housing
Attachment A: Scope of project costs
999,576.35
Work
Contract Total 999,576.35
CHIP funds can pay for the system development charges for the affordable units. All costs related to
CHIP funding must be submitted for reimbursement no later than June 30, 2027, or revised contract end
date if reappropriated. Calculations and SDC waiver documentation, along with the ordinance and fee
schedule must be provided with the invoice for SDCs.
CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE ENTIRE PROJECT
CERTIFICATION PERFORMANCE MEASURE-AVAILABILITY OF FUNDS
The GRANTEE by its signature, certifies that GRANTEE has received binding assurances from the
Project Developer or other relevant party that project funding from sources other than those provided by
this Grant Agreement has either been expended for eligible Project expenses, or is committed in writing
and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year
written below. The GRANTEE shall maintain records sufficient to evidence that the Project Developer
has expended or has access to the funds needed to complete the Project, and shall make such records
available for COMMERCE's review upon reasonable request.
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 21 of 23
Attachment C: Commitment of Continued Affordability
HFHEJC adopted its Permanent Affordability Policy in 2021. Following program development, the first
homes were sold under this model in May 2023. As part of the closing process, each homeowner signs a
Permanent Affordability (PA)Agreement (Ground Lease)which protects the home's affordability for the
long-term. The initial community investment is recycled over and over with each sale and purchase of the
home.
If the project is NOT already monitored for affordability by an organization such as the Housing Trust
Fund, The Washington State Housing Finance Commission, a housing authority, or a local government
monitoring process, then the following is required:
The project must be enrolled in Commerce's Tracking Housing Affordability Database
THAD), for receiving annual reports and conducting 5-year audits.
The project must provide a covenant and/or note and deed of trust naming Commerce as
part of securitization.
The project must maintain records for 31 years in accordance with the Records
Maintenance in contract General Terms and Conditions.
For the purposes of this contract,the utility project must serve new affordable housing projects that serve and
benefit low-income households for at least 25 years.
Affordable housing" has the same meaning as in RCW 43.185A.010, and means residential housing for rental
occupancy which,as long as the same is occupied by low-income households, requires payment of monthly
housing costs, including utilities other than telephone,of no more than thirty percent of the family's income. In the
context of homeownership,the definition from the Housing Trust Fund Handbook applies(Section 701.7):
affordability occurs when a household's monthly housing costs are generally no more than 38 percent of monthly
household income and total debt is no more than 45 percent of monthly household income. Housing costs include
mortgage principal, interest, property taxes, homeowner insurance, homeowner association fees, and land lease
fees,as applicable.Total debt includes other debt and utilities."
1"Low-income household" has the same definition as in RCW 43. 185.010(6),and means a single person,family or
unrelated persons living together whose adjusted income is less than eighty percent of the median family income,
adjusted for household size,for the county where the project is located.
Mason Street-Workforce
Housing Project Phase 1
County and parcel number(s) Jefferson County, Parcel#
of property: 901023007
Organization monitoring Habitat for Humanity of
continued affordability: East Jefferson County
Term of affordability: Permanently
Documentation evidencing Permanent Affordability
securitization of affordability Agreement Ground Lease
Page 22 of 23
Enter Number of Units in each category below:
30%AMI- Studio
30%AMI- 1 Bedroom
30% AMI- 2 Bedroom
30% AMI- 3 Bedroom
30% AMI- Other
50% AMI- Studio
50% AMI- 1 Bedroom
50% AMI- 2 Bedroom 4
50%AMI- 3 Bedroom 5
50% AMI- Other 1
60% AMI- Studio
60% AMI- 1 Bedroom 1
60%AMI- 2 Bedroom 22
60%AMI- 3 Bedroom 22
60% AMI- Other 2
80% AMI- Studio
80% AMI- 1 Bedroom 2
80%AMI- 2 Bedroom 9
80% AMI- 3 Bedroom 8
80% AMI- Other 1
The GRANTEE by its signature, certifies that the project will be monitored to ensure continued
affordability for a minimum of 25 years, evidenced by documentation listed above. The GRANTEE shall
maintain records sufficient to evidence the continued affordability, and that it will retain and shall make
such records available for COMMERCE's review upon reasonable request.
Josh Peters, Jefferson County Administrator Date
Jefferson County
Page 23 of 23
UVI.UJIIyII C IIVCIVIJC IU.Y('J IPVI JIJ-J'Iv I-VLInv-vJLv-a--rvL I I J1.-1 r.vv
Internal routing form. Will be deleted after contract fully signed.
Commerce GMS programs - Contract review and routing form
Reviewer Name Initials and Date
r DS
Budget Analyst
Corina Campbell
5/12/2026 l 1:13 PM PDT
DsGMSManagingDirectorValerieSmithVS5/13/2026 1 9:35 AM PDT
Deputy Assistant Director—LGD
0 docusign.
Certificate Of Completion
Envelope Id:4F51A45B-9401-8EA3-8320-E4DE173E7A63 Status:Sent
Subject:Complete with Docusign:CHIP 26-96330-111 Jefferson County Mason Street Phase 1 Project.pdf
Division:
Local Government
Program:CHIP
Co n tra ctN u m b e r:26-96330-111
DocumentType:Contract
Source Envelope:
Document Pages:24 Signatures:0 Envelope Originator:
Certificate Pages:5 Initials:2 Ashley Dofner
AutoNav: Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
ashley.dofner@commerce.wa.gov
IP Address: 147.55.134.32
Record Tracking
Status:Original Holder:Ashley Dofner Location:DocuSign
4/28/2026 3:35:35 PM ashley.dofner@commerce.wa.gov
Security Appliance Status:Connected Pool:StateLocal
Signer Events Signature Timestamp
Corina Campbell Sent:4/28/2026 3:38:29 PM
corina.campbell@commerce.wa.gov U,Viewed:5/7/2026 10:56:35 AM
Security Level:Email,Account Authentication Signed:5/12/2026 1:13:43 PM
None)
Signature Adoption:Pre-selected Style
Using IP Address: 198.238.8.142
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Valerie Smith
rosSent:
5/12/2026 1:13:45 PM
valerie.smith@commerce.wa.gov US.Viewed:5/13/2026 9:35:20 AM
Deputy Managing Director,GMS Unit Signed:5/13/2026 9:35:51 AM
Security Level:Email,Account Authentication
None) Signature Adoption:Pre-selected Style
Using IP Address: 198.239.106.133
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Josh Peters Sent:5/13/2026 9:35:53 AM
jdpeters@co.jefferson.wa.us Resent:5/ 13/2026 9:40:49 AM
Security Level: Email,Account Authentication Viewed:5/13/2026 11:30:30 AM
None)
Electronic Record and Signature Disclosure:
Accepted:5/13/2026 11:30:30 AM
ID:024f9d64-3d4e- 4373- 809a-4ae111385929
Erika Henry
erika.henry@commerce.wa.gov
Security Level:Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Signer Events Signature Timestamp
Mark Barkley
mark.barkley@commerce.wa.gov
Security Level: Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/28/2026 3:38: 29 PM
Envelope Updated Security Checked 5/1/2026 7:20:17 AM
Envelope Updated Security Checked 5/1/2026 7:20:17 AM
Envelope Updated Security Checked 5/13/2026 9:40:48 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Parties agreed to:Josh Peters
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3 Accounting
3.2 Assets
3.2.4 Money Held For and By Others (formally Money Held in Trust)
Deposits Held for Customers
3.2.4.10 Governments may require deposits from customers. For example:
A county or city may require deposits in relation to water, sewer, or garbage utilities.
A housing authority may require deposits in relation to public housing activities.
A public utility may require deposits from its customers for either initial or restoration services, provided the deposits are
reasonable and not discriminatory.
A parks and recreation district may require deposits in relation to facility rentals.
These deposits should not be reported in fiduciary funds, they should be reported in the fund where the operational activity is reported
in using BARS codes 382.10 and 582.10.
3.2.4.20 Governments should enact policies addressing investment and disposition of interest on deposits by considering legal and
contractual requirements and public policy. Governments are encouraged to disclose such policies in applications and official
documents related to deposits to ensure a clear mutual understanding of such policies with depositors.
Other increases and Financing Sources
380 Other Increases in Fund Resources
381 Interfund Loan Receipts
382 Deposits, Retainage and Other Collections
385 Special or Extraordinary Items
386 Court Remittances
388 Other Increases in Fund Balance
389 Custodial Activities
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters,County Administrator
FROM: Amanda Hamilton,Jefferson County Clerk
DATE: 6/ 8/2026
SUBJECT: Resolution Regarding Clerk Fees
STATEMENT OF ISSUE: The Board of County Commissioners may impose fees
charged by the County Clerk to implement the code and statutory duties; and, Section
3.80.020 of the Jefferson County Code(JCC)authorizes the County Clerk to request
adoption of its fee schedule by resolution.
ANAYLSIS: House Bill 2543 was passed relating to county clerk fees, and amended
RCW 36.18.016 to add and modify various copy charges, effective June 11, 2026.
FISCAL IMPACT: There is a revenue benefit to the county. This legislative priority of
the clerks was introduced in order to establish fees associated with copying exhibits, and
align/clarify language with regard to changes in the rules of appellate procedure.
RECOMMENDATION: Approve the resolution adopting the updated Clerk's fee
schedule.
REVIEWED BY:
Jos eters,County Administrator Date
STATE OF WASHINGTON
County of Jefferson
A Resolution Adopting a Fee Schedule for
the County Clerk
RESOLUTION NO.
WHEREAS, Jefferson County is a political subdivision of the state of Washington as
provided by Title 36 RCW and the Washington State Constitution Article 11,and may impose fees
to recoup the costs of providing services to the public; and,
WHEREAS, The Board of County Commissioners may impose fees charged by the County
Clerk to implement the code and statutory duties; and,
WHEREAS, Section 3.80.020 of the Jefferson County Code ("JCC") authorizes the
County Clerk to request adoption of its fee schedule by resolution; and,
WHEREAS,the new fee schedule will comply with the changes to 36.18.016; and,
WHEREAS, the adoption of the new clerk fees is consistent with RCW 36.18.016 and
chapter 3.80 of the Jefferson County Code.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Jefferson County Board of Commissioners hereby adopts the above "Whereas"
clauses and Findings of Fact supporting this resolution.
Section 2. The 2026 Clerk Fee Schedule attached in the Appendix is hereby adopted.
Section 3. This Resolution Repeals and Replaces Resolution No. 58-0825-25R.
Section 4. 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. This Resolution is categorically exempt from the SEPA under WAC 197-11-800 (19).
Section 6. This Resolution shall take effect and be in full force immediately upon passage by
the Board of County Commissioners.
1 of 2
ADOPTED and APPROVED this day of 2026.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Greg Brotherton,Chair
Heidi Eisenhour,Member
ATTEST:
Heather Dudley-Nollette, Member
APPRO D AS 0 FORM:
0. L• ay 7,2026
Carolyn Gallaway,CMC Date Philip C. Ilunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
2 of 2
JEFFERSON COUNTY FEE SCHEDULE
Effective June 11, 2026
Payments for services may be made in cash, cashier's check, law firm check, money order, in-
state personal check, or credit/debit card. We do not accept personal checks for Legal Financial
Obligations. We issue NO REFUNDS. All fees must be paid in advance except by state and
county (RCW 36.18.060). Overpayments will not be processed, but returned to sender, with
services provided upon receipt of correct amount.
Adoption/Paternity
Title Service Provided Fee RCW
Adoption Filing 200.00 36.18.020(2Xa)
Facilitator Surcharge 20.00 26.12.240
One child per case,see RCW Judicial Surcharges 40.00 36.18.020(5Xc)
26.33.030(2)re: consolidation 50.00 36.18.020(6)
310.00
Parentage Filing in New Cause# 200.00 36.18.020(2Xa)
Challenge Paternity/Parenting Facilitator Surcharge 20.00 26.12.240
Plan/Order of Support Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
310.00
Parentage Modification Filing in Existing Case 36.00 36.18.016(2Xa)
Facilitator Surcharge 20.00 26.12.240
56.00
Appeals
Title Service Provided Fee RCW
Appeals From Administrative Filing 200.00 34.05.514
Hearing Decision Judicial Surcharges 40.00 36.18.020(2Xc)
50.00 36.18.020(5Xc)
290.00 36.18.020(6)
Appeal From Court of Filing(to be paid at lower 200.00 36.18.020(2Xb)
Limited Jurisdiction-Civil case court) 30.00 36.18.020(5)(b)
Judicial Surcharges 50.00 36.18.020(6)
280.00
Appeal From Court of Filing(imposed when 200.00 36.18.020(2Xh)
Limited Jurisdiction-Criminal Case affirmed,dismissed,or
upon failure to prosecute)
to be paid at lower court)
Clerk's Papers Designation Reproduction per page 36.18.016(20)
50 RAP 9.7(a), 15.4(e)
Notice of Appeal to Appellate Court Filing 250.00 2.32.070
Judicial Surcharge 40.00 36.18.018(2)
Payable to 290.00 36.18.018(4)
Jefferson County Clerk Fee Schedule June 11, 2026
Jefferson County Clerk) RAP 5.1(b)
Petition for Review of a Court of Filing 200.00 2.32.070
Appeals Decision Term.Review
Transmittal of Record and Actual RAP 9.8(b)
Exhibits Cost RAP 15.4(e)
Civil
Title Service Provided Fee RCW
Abstract of Judgment Filing 20. 00 36.18.012(2)
Preparation First page 5.00 36.18.016(4)
Additional pages 1.00
Anti-harassment Petition/Filing 53.00 7.105.100(1)(f)
Unlawful Harassment Petition Forms at no cost 7.105.105(9Xb)
No fee if Stalking, Sexual conduct, 36.18.020(2Xd)
Violence or Hate Crime threatened
Change of Name(non-confidential) Filing Petition 200.00 36.18.020(2Xa)
Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00
Civil Arbitration Fee Note for Arbitration 220.00 7.06
Filing Initial Statement of 30.00 36.18.016(24)
Arbitrability 250.00 JCC 3.42 Art. III
Civil Filing Filing 200.00 36.18.020(2Xa)
Petitions for/Relief from Duty to Judicial Surcharge 40.00 36.18.020(5Xc)
Register,and Restoration of Firearms Maximum jurisdiction in 50. 00 36.18.020(6)
outside the source case are civil filings.
District Court is$100K) 290.00
Civil Protection Order Petition Anti-Harassment petition, None RCW 7.105.105(9)
Anti-Harassment-see above charge above.All other
DV, Sexual Assault, Stalking CVPOs-no cost for
Vulnerable Adult, Extreme Risk forms,filing, service.
Common Law Lien Petition to Invalidate Lien 35.00 36.18.012(9)
60.70.060(3)
Counter Claim, per claim Filing in Existing Case 200.00 36.18.020(2Xa)
Cross Claim,per claim Judicial Surcharge 40.00 36.18.020(5)(c)
3rd Party Claim, per claim 50.00 36.18.020(6)
290.00
Exception: Unlawful Detainer 247.00 36.18.012(5)
Deeds of Trust, Surplus Funds Filing 200.00 36.18.020(2Xa)
from a Trustee's Sale Judicial Surcharge 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
290.00 61.24.080(3)
Diking, Drainage& Sewerage Petition for Review 200.00 36.18.020(2Xa)
Improvement District 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
290.00 85.15.110
Election-Affidavit of Elector Filing 200.00 36.18.020(2Xa)
Contesting Election of Person Judicial Surcharge 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
Jefferson County Clerk Fee Schedule June 11, 2026
290.00 29A.68.011
29A.68.030
Emancipation of a Minor Filing 50. 00 13.64.020
36.18.014(2)
Extension of Judgment Filing 200.00 36.18.016(14)
6.17.020(3)
Firearms-Petition to Restore Right Filing 200.00 36.18.020(2)(a)
to Possess Judicial Surcharges 40.00 36.18.020(5)(c)
case law allows filing in the 50.00 36.18.020(6)
criminal case, but only to resolve 290.00 9.41.047(3)
the loss of rights in that case.
Frivolous Claim Statute Filing Application for 35.00 36.18.016(17)
Order 60. 04.081(3)
Foreign Judgment or Decree Filing 200. 00 36.18.020(2)(a)
If Domestic,see that section) Judicial Surcharges 40. 00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00
Judicial Review Filing 200.00 36.18.020(2)(a)
Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00
Jury Demand 12 Member Jury 250.00 36.18.016(3Xa)
See Ernright vs King County 96 Wn.2d 538,6 Member Jury 125.00
637-Non-refundable even if settled pre-trial
Land Use Petition Filing 200.00 36.18.020(2)(a)
Judicial Surcharges 40. 00 36.18.020(5Xc)
50.00 36.18.020(6)
290.00 36.70C.040(1)
Legal Newspaper Petition and Order 200.00 36.18.020(2Xa)
Judicial Surcharges 40. 00 36.18.020(5)(c)
50. 00 36.18.020(6)
290.00 65.16.040
Minor to Marry(under 17 years) Petition and Order 50. 00 26. 04.010(2)
36.18.014(2)
36.18.050
Minor Work Permit(under 14 Petition and Order 50.00 28A.225.080
years) 26.28.060
36.18.050
Miscellaneous Doc.,not related to Filing 20. 00 36.18.012(3)
a case,but required/permitted to be
filed with the clerk
Notice of debt due crime victims Filing Fee 200.00 36.18.020(2Xe)
Judicial Surcharges 40. 00 36.18.020(5Xc)
To be added to execution docket 50.00 36.18.020(6)
290.00 7.68.120(2)(b)
Property Taxes,Certification Each Contestant at Time 2.00 84.64.040
of Delinquency,Application of Filing Appeal 84.64.120
For Judgment
Relief from Duty to Register as a Filing 200.00 36.18.020(2)(a)
Sex Offender Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00 9A.44.142
Jefferson County Clerk Fee Schedule June 11, 2026
Restrictive Covenant Petition to Strike 20.00 36.18.012(6)
Discriminatory Provision 49.60.227
re: real property
Sexually Violent Predator Filing Petition for Civil 200.00 36.18.020(2Xa)
Commitment 40.00 36.18.020(5Xc), 6
Judicial Surcharge 50.00 71.09.030(b)
County Reimbursement) 290.00 388-885 WAC
Supplemental Proceedings Filing 20.00 36.18.016(7)
Examination of Judgment Debtor
in existing case)
Transcript of Judgment Filing 20.00 36.18.012(2)
Trial de Novo Request for trial de novo 400.00 7.06
36.18.016(25)
JCC 3.42 Art. III
Unlawful Detainer, Residential 1. Original Filing 45.00 36.18.020(2)( a)
Includes State Judicial 40.00 36.18.020(5Xc)
At the Plaintiff's option,they may pay 50.00
135.00 to open a case pending filing of an
Stabilization Surcharge.36.18.020 6)(
answer or entry of an order;or they may 2. Upon Filing of Answer 135.00
pay$247.00,the full fee to open a or any Order,other than
residential unlawful detainer case. Default Orders. Balance
due from Plaintiff 112.00 36.18.012(4)
247.00
Unlawful Detainer,Non-residential Filing 200. 00 36.18.020(2Xa)
Judicial Surcharges 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
290.00
Warrant for unpaid taxes for Filing 20.00 36.18.012(10)
overpayment of benefits by any 36.18.050
agency of State of Wash. 82.38.235
Water Rights Statement Filing 25.00 36.18.016(16)
90.03.180
Water System Requirements Filing of Certified Copy 200.00 36.18.020(2Xa)
Enforcement of) of Administrative Order 40. 00 36.18.020(5)(c)
Judicial Surcharges 50.00 36.18.020(6)
290.00
70.125.040(3)
Writs-Attachment Each Filing 20.00 36.18.016(6)
Garnishment NOTE: Writs must be 36.18.050
Execution on Real Property issued by the Clerk in
Restitution Superior Court per RCW
Subpoena 6.27.020(1)and(2).
Domestic
Title Service Provided Fee RCW
Committed Intimate Relationship Filing 200.00 36.18.020(2)(a)
formerly Meretricious Judicial Surcharges 40.00 36.18.020(5Xc)
Relationship) Facilitator Surcharge 50.00 36.18.020(6)
Jefferson County Clerk Fee Schedule June 11, 2026
20.00 26.12.240
Filed as Case Type 3) 310.00
Counter Petition Filing in Existing Case 200.00 36.18.020(2Xa)
Cross Claim Judicial Surcharges 40.00 36.18.020(5)(c)
3`d Party Claim Facilitator Surcharges 50.00 36.18.020(6)
20.00 36.18.016(15)/
Exception:310.00 26.12.240
In Modification Case 36.00 36.18.016(2)(a)
filed in original 20.00 36.18.016(15)/
Domestic file 56.00 26.12.240
Domestic Relations Filing 200. 00 36.18.020(2Xa)
Dissolution,Legal Separation, Domestic Violence 54.00 36.18.016(2)(b)
Invalidity of Marriage) Surcharge 40.00 36.18.020(5)(c)
Judicial Surcharges 50.00 36.18.020(6)
Facilitator Surcharge 20. 00 36.18.016(15)/
364.00 26.12.240
Parentage-Paternity/Challenge/ Filing 200.00 36.18.020(2Xa)
Parenting Plan/Support Judicial Surcharges 40.00 36.18.020(5)(c)
Uniform Parentage Act Facilitator Surcharge 50.00 36.18.020(6)
20. 00 36.18.016(15)/
310.00 26.12.240
Family Court Facilitator Fee for Services(User Fee) 20. 00 26.12.240
36.18.016(15)
Modification of Decree or Final Filing in Existing Jefferson 36.00 36.18.016(2Xa)
Orders in a Family Law Action County Case 20.00 36.18.016(15)/
Facilitator Surcharge 56.00 26.12.240
New Filing 200.00 36.18.020(2Xa),
Modification of Decree, 40.00 36.18.020(5Xc)
Originally Filed Elsewhere 50.00 36.18.020(6)
Judicial Surcharges 20.00
Facilitator Surcharge 310.00
Foreign(Out of State)Custody Filing to Enforce or 200.00 36.18.020(2Xa)
Decree and/or Judgment Modify 40.00 36.18.020(5Xc)
Judicial Surcharges 50.00 36.18.020(6)
Facilitator Surcharge 20. 00 26.12.240
310.00
Relative Child Visitation Filing 200.00 36.18.020(2Xa)
Judicial Surcharges 40. 00 36.18.020(5Xc)
Facilitator Surcharge 50.00 36.18.020(6)
20. 00 26.12.240
310.00
Jefferson County Clerk Fee Schedule June 11, 2026
Relocation Notice Filing only the Notice(no No charge 26.09.440
accompanying paperwork)
Filing in Existing Jefferson
Objection to Notice of Relocation County Case 36.00 36.18.016(2Xa)
or- Facilitator Surcharge 20.00 36.18.016(15)/
Petition for Modification of 56.00 26.12.240
Parenting Plan pursuant to
Relocation
Filing 200.00 36.18.020(2Xa)
New Filing or Filing in Existing Judicial Surcharges 40.00 36.18.020(5)(c)
Case, Originally Filed Elsewhere Facilitator Surcharge 50.00 36.18.020(6)
20.00 26.12.240
310.00
Title 26 Guardian Ad Litem Fees all set annually by the Contact LGALR 1.11
paid by case parties court the Court
Wage Assignment, Spousal Filing of Original Action 200.00 36.18.020(2Xa)
Maintenance or Child Support Judicial Surcharges 40.00 36.18.020(5)(c)
Facilitator Surcharge 50. 00 36.18.020(6)
20.00 26.12.240
310.00
Probate, Guardianship, Conservatorship
Title Service Provided Fee RCW
Certificate of Qualification Issuance(Form K) 5.00 36.18.016(9)
Certified Copy of Letters Certified Copy/Issue 5.00 36.18.016(9)
Administration,Testamentary, Letters
Guardianship)
Counter Claim,per claim Filing in Existing Case 200.00 36.18.020(2Xa)
Cross Claim,per claim State Judicial Surcharges 40.00 36.18.020(5Xc)
3Td Party Claim, per claim 50.00 36.18.020(6)
290.00
Escheat- Probate Proceedings Filing Claim 200.00 36.18.020(2)(f)
Judicial Surcharges 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
290. 00
Filing Revenue Dept. Aff. 2.00 11.08.300
Estate(Probate) Filing 200.00 36.18.020(2Xf)
Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00 11.12
Jefferson County Clerk Fee Schedule June 11, 2026
Guardianship/Conservatorship Filing 200.00 36.18.020(2)(f)
No fee for Attorney General) Judicial Surcharges 40.00 36.18.020(5)(c)
No fee if worth under$3000) 50.00 36.18.020(6)
290.00 11.130. 170
Guardianship-Petition by/for Filing No fee 13.90.020(4)
Vulnerable Youth See RCW 13.90
Letters of Office- Issuance of Original for 5.00 36.18.016(9)
Testamentary,Administration, filing(includes one
Guardianship,Conservatorship certified original to user)
Each additional Letter 5.00
Minor Guardianship Filing 200.00 36.18.020(2Xa)
Judicial Surcharges 40.00 36.18.020(5Xc)
No fee if petitioner is child's relative Facilitator Surcharge 50.00 36.18.020(6)
20.00 26.12.240
310.00
Non-Judicial Resolution(Binding Petition,Agreement or 20.00 11.96A.220,
TEDRA agreement filed in an Memorandum in existing 36.18.012(8)
existing case.)Petition not needed. case
Non-Probate Notice to Creditors Filing 200.00 11.42.010(3Xa)(i)
Notice to Creditors to be filed in Judicial Surcharges 40.00 36.18.020(2Xf)
Probate action, if Probate has been 50. 00 36.18.020(5Xc)
filed. RCW 11.40.020(2)) 290.00 36.18.020(6)
Petition Objecting to Non-Filing 200.00 36.18.020(2)(g)
Judicial Resolution Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00
Petition Contesting Will Filing 200.00 36.18.020(2Xg)
TEDRA) Judicial Surcharges 40.00 36.18.020(5Xc)
50.00 36.18.020(6)
290.00
Petition To Admit Rejected Filing 200.00 36.18.020(2Xg)
Will Judicial Surcharges 40.00 36.18.020(5)(c)
50.00 36.18.020(6)
290.00
TEDRA,Non-Judicial Binding Filing 20.00 36.18.012(8)
Agreement in existing case
TEDRA Non-Judicial Binding Filing 200.00 11.96A.090
Agreement,filed as new case, Judicial Surcharges 40.00 36.18.020(2Xg)
TEDRA summons and petition 50.00 36.18.020.(5Xc)
290.00 36.18.020(6)
Trust,Registration Filing 200.00 11.98.005(2Xa)
Judicial Surcharge 40.00 36.18.020(2Xg)
50.00 36.18.020(5Xc)
290.00 36.18.020(6)
Will Only, or Codicil Filing 20.00 36.18.012(7)
after death-no probate to be filed) 36.18.016(27)
Will Repository, Sealed Filing-each will&codicil 20.00 11.12.260
36.18.016(27)
Jefferson County Clerk Fee Schedule June 11, 2026
Miscellaneous
Title Service Provided Fee RCW
Administration of an oath Per seal on document 2.00 36.18.016(5)
requiring signature of
clerk
Approving Bonds, in other 2.00 36.18.016(8)
than civil or probate
Authenticated or Exemplified Certificate$2.00 per 9.00 36.18.016(4)(a,b)
Certificate additional seal(in addition Plus per
to certified copy fees for page copies
documents attached to 1.00
certificate-$5.00 151 page
1.00 per page thereafter)
Certified Copies of Case Documents 5.00 for the first page and 5.00 36.18.016(4Xa)
with seal) 1.00 per page thereafter 1.00
Customer requests via the mail Handling fee(mailing 7.00 42.56.070
documents when envelope JCC 3.80
is not provided) 36.18.016(4Xg)
Postage(mailing when 3.00 42. 56.070
postage is not provided) JCC 3.80
Non-Certified Copies of Case Per page 50 36.18.016(4Xc)
Documents
Copies of Documents or Hearings Storage Medium 5.00 36.18.016(4X1)
Provided on Electronic Storage
Medium
Copies of Digital/Electronic Exhibits Fee per Exhibit Duplicated 25.00 36.18.016(4Xe)
Photograph of Exhibit 5.00 36.18.016(4)(d)
Copies(not case documents) Prepared by staff or public .25 per page 42.56.120
Copies of Reports Variable 36.18.016(21)
Notices, Summons, Subpoenas, issuance 20.00 36.18.050
Certificates of Deposition for Out of
State Depositions
Change of Venue Filing fee 200.00 4.12.090
State Judicial Surcharge 40.00 4.12.100
payable to clerk of county 50.00 36.18.020(2Xa)
where case is being 290.00 36.18.020(5Xc)
transferred) 36.18.020(6)
Prepare Change of Venue and- CR 82(d)
Preparation of file 20. 00 36.18.016(18)
per page charges 50 a page 36.18.016(4)
Certificate 2.00 36.18.016(5)
Shipping Actual cost
Certified copies as needed 5.00/1.00 36.18.016(4)
Prepared Recordings of Court Per Court Date 25.00 36.18.016(13)
Proceedings
Executing Certificates With or without seal 2.00 36.18.016(5)
Ex Parte Order Presentation of Order 30. 00 36.18.016(12)
Extension of Judgment Filing 200.00 6.17.010; 9.94A
36.18.016(14)
Jefferson County Clerk Fee Schedule June 11, 2026
Fax Fees Receiving faxed 5.00 36.18.016(19)
documents-1s`page 1.00
Thereafter
Fees In Special Cases-where no fee Fees similar and equal Variable 36.18.050
is provided for. to those allowed for
services of the same kind
Filing of Papers Not Related to Filing 20.00 36.18.012(3)
Litigation/No Other Amt. Specified
Investment Service Fee- if Service Fee for Interest 5%of 36. 48.090
Written Request Received for Investments Income 36.18.016(22)
Service Earned
Reports&Copies Produced at the Copies and Reports Variable 36.18.016(21)
Local Level as Permitted by
2.68.020 and Supreme Court Policy
Searching Records and Issuing Per Hour or Portion of an 30.00 36.18.016(11)
a Written Report/Special Services Hour
Cost of non-statutory services County Ordinance
rendered by clerk by authority of 36.18.016(23)
local ordinance or policy must be
charged
Notice of debt due crime victims Filing Fee 200.00 7.68.120(2Xb)
To be added to execution docket Judicial Surcharge 40.00 36.18.020(2Xe)
240.00 36.18.020(5Xc)
NSF Fee-per check 30.00 County Ordinance
36.18.016(23)
Potential Adult Criminal/Juvenile Offender Assessments
Upon Conviction or Plea of Guilty
Title Service Provided Fee RCW
Crime Victim Penalty Felony or Gross 500.00 7.68.035(1Xa)
Assessment/Adults Misdemeanor
Misdemeanor 250.00
Crime Victim Penalty Upon conviction of a most 100.00 7.68.035(1)(b)
Assessment/Juveniles serious offense or sex
offense
Criminal Filing Fee Upon Conviction,Failure 200.00 10. 01.160
to Prosecute appeal or 36.18.020(2Xh)
Affirmation of Conviction
Costs-Generally Actual Variable 10. 01.160
10.46.190
10.64.015
Costs—Attorney Fees Actual Variable 10. 01.160
10.64.015
Costs-Incarceration Upon conviction—per day 50.00 9.94A.760(2)
Costs-Jury Fees Upon conviction 10. 01.160
12 member Jury 250.00 10.46.190
6 member jury 125.00 36.18.016(3)(b)
Costs—Sheriff's Fees Actual Variable 10.01.160
Jefferson County Clerk Fee Schedule June 11, 2026
10.46.190
36.18.040
Costs—Warrant Fees For processing Bench 100.00 10. 01.160(2)
Warrant
Costs—Witness Fees paid by Actual Variable 10.01.160
defendant 10.64.015
Costs—Witness Fees paid by State Upon felony conviction Variable 10.46.230
Criminal Lab Analysis Fee Upon conviction 100.00 43. 43.690
Domestic Violence Penalty Upon Conviction 100.00 10.99.080
Extension of Judgment For Processing 200.00 6.17.020
Extension 9.94A.760(5)
36.18.016(15)
Fines As ordered by the Court Variable 9.94A.550
Restitution As ordered by Court,Variable 9.94A.750
payable before all other 9.94A.753
LFO's
Toxicology Lab Upon conviction or 125.00 46.61.5054
deferred prosecution
FEE EXEMPTIONS
Category Description RCW
ABSTRACTS To Department of Licenses AGO 61-62 #136
County Clerks filing to collect LFO's 36.18.020(4)
ADOPTION No filing fee if filed under another Petition already 26.33.030(2)
pending under Chapter 26.33 RCW
Preplacement report filed prior to petition for 26.33.190(5)
adoption(Fee collected upon filing of Petition.)
Revocation of Consent pursuant to 26.33.160
ANTI-HARASSMENT No charge for forms and brochures. No filing fee 7.105. 105(9)
if related to stalking, sex offense, hate crimes,
threats of violence.
APPEALS TO By state or municipality 2.32.070
SUPREME COURT OR
COURT OF APPEALS By indigent party 4.88.330
APPEALS,No initial filing fee - See Criminal 36.18.020(2)(b)
CRIMINAL RALJ
ATTORNEY Exempt from filing fees relating to paternity or 74.20.300
GENERAL support
BALLOT TITLE No charge to either party 29A.36.090
CERTIFICATE OF No cost to Treasurer 84.64.050(4)
DELINQUENCY
CHILD SUPPORT No filing fee if filed by State of Washington 26.18.040(2)
PETITIONS 74.20.300
CLERK No fee for Extension of Judgment 6.17.020(4)
Jefferson County Clerk Fee Schedule June 11, 2026
Category Description RCW
CONDEMNATION No fee for school districts, except on appeal 8.16.150
Eminent Domain)
CRIMINAL No fee for filing — but costs assessed upon failure 36.18.020(2)(h)
to prosecute RALJ appeal or affirmance of lower
court conviction,unless indigent
DISCLAIMER Upon deposit of money/property (required) - No 4.08.170
OF INTEREST costs to determine conflicting claims of property
costs may be assessed by court)
DOMESTIC No charge for forms, brochures or obtaining 7.105. 105((9)( a)
VIOLENCE Protection Orders 36.18.020(3)
DOMESTIC No charge for filing or service of process;No 7.105. 105((9)( a)
VIOLENCE charge for certified copies to petitioners
DSHS See Social and Health Services, Department of
EMANCIPATION No charge for one certified copy of Decree to 13.64.050(3)
Petitioner
EMINENT DOMAIN See Condemnation
EMPLOYMENT Judicial Review on Unemployment 50.32.110
SECURITY Compensation)
No fees of any kind chargeable to individuals
No fees for department for any clerks services
FORMS AND No fee for forms and brochures under the 36.18.020 (3)
BROCHURES Domestic Violence Act 7.105. 105
FILING, FORMS AND No fee for forms and brochures under the Civil 7.105. 105(9)
BROCHURES Protection Orders Act
GUARDIANSHIP or No fee for filing when assets less than$3,000.00 11.130.170
LIMITED No prepayment when filed by AG-may be
GUARDIANSHIP ordered to be paid by estate
IRRIGATION No fee for Oath of Commissioner/Board Member 87. 80.100
DISTRICT of Joint Irrigation District
IN FORMA PAUPERIS Waiver of filing fee due to financial hardship 7.36.250; GR 34
INSURANCE Exempt from filing fees 48.31.230
COMMISSIONER
JUVENILE COURT No filing fees for any Title 13 cases, i.e. Truancy, 13.04.160
MATTERS Dependency, Termination of Parental Rights,
Guardianship for Vulnerable Youth, Youth at
Risk, Children in Need of Services
LABOR&No filing fee to file complaint to prosecute for 49.48.040(2)
INDUSTRIES collection of wage assignments
MENTAL ILLNESS No jury fee MPR 3.3
No filing fee - Petition for involuntary treatment 71.05.730
No fee for Family/Guardian Filing Petition for
Initial Detention(Joel's Law)(effective 7-24-2015)
County to be reimbursed by the State.)
PARENTING PLAN A petition to establish a parenting plan in order to 13.34.155(3)
resolve a dependency requires no filing fee if the
parents have been found indigent in the
dependency.
Jefferson County Clerk Fee Schedule June 11, 2026
Category Description RCW
PROPERTY Filing to determine conflicting claims, see
DISCLAIMER OF INTEREST
PROSECUTOR Exempt from filing or copies fees related to 74.20.300
paternity or support
PROSECUTOR No fees for"certified copies related to criminal 9.94A.500(1)
State of WA) convictions"
PROSECUTOR No fee to file appeal in Court of Appeals 2.32.070
PROTECTION ORDERS No fee for forms, filing, service or copies for 7.105.105((9)
Domestic Violence, Sexual Assault, Stalking, 74.34.310
Hate Crime, Vulnerable Adult or Extreme Risk
Protection Orders
PUBLIC See Social & Health Services, Department of
ASSISTANCE Judicial Review)
RECIPROCAL
See UIFSAURESA)
RELINQUISHMENT No filing fee to a department, agency or 36.18.020(3)
OF A CHILD prospective adoptive parent under RCW
26.33.080
SERVICE No fees for copies to service personnel of US 73.04.120
PERSONNEL armed forces (for determining entitlements to
family allowances and other benefits)
SEX OFFENDER Law enforcement agencies exempt from fees for 36.18.016(27)
RECORDS certified copies of the Judgment and Sentence,
Information, Affidavit of Probable Cause, and/or
the Notice of Requirement to Register, of a sex
offender convicted in a Washington court
SOCIAL & HEALTH Judicial review, no filing fees for individuals 74. 08.080(3)(a)
SERVICES Exempt from filing and copy fees relating to 74.20.300
paternity or support
SUPPORT DSHS) Exempt from filing and copy fees 74.20.300
ENFORCEMENT relating to paternity or support(also see UIFSA)
UIFSA Uniform Interstate Family Support Act) 26.21A.260
No filing fee - fees may be assessed
UNEMPLOYMENT See Employment Security
COMPENSATION
URESA See UIFSA
TERMINATION No fee for Petition of Relinquishment per 26.33.080 36.18.020(3)
VETERANS Marital Status) No fees for copies for family or 73.04.120
legal representative of deceased for VA or other
governmental agencies when required in
connection with any claim pending before
Veterans' Bureau or governmental agency
administering benefits to war veterans
VETERANS Pension, Bounty, Back Pay) No fee for 73.04.010
administering oaths,preparing official certificate
or perfecting a voucher to procure a pension, S. 328[8 U.S.C.
1439](b)(4)
Jefferson County Clerk Fee Schedule June 11, 2026
Category Description RCW
bounty or back pay for Honorably Discharged, or
spouse, orphan or legal representative
VULNERABLE No filing fed or har e for ffo s nd instructions 7.105.105(9)
ADULTS copies or filing tor
charge for
Protection Orders
WAGE CLAIM 49.48.040(2)
ASSIGNMENTS Court costs by L & I for Prosecution
Limited Partnerships now filed with Secretary of State.
Certificates of Osteopath,Osteopathy Surgery,Chiropractors,Chiropody,Optometry,etc., now filed with
Department of Licenses.
Fees to be charged to all cities, other counties, other states,unless specifically stated by statute.
Fees to be charged to all state agencies unless there is a specific statutory authority (98 Wn2d 606).
No statutory authority to NOT charge federal agencies except U.S. Immigration and V.A.
Fees to be paid in advance except for state and county (36.18.060).
Clerk's Office can voucher the state and municipalities)
Jefferson County Clerk Fee Schedule June 11, 2026
615 Sheridan Street
Port Townsend, WA 98368
9eJt>rson 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: 1/1/1 U, 20-69
SUBJECT: Agenda item — Washington State Department of Social and Health Services
DSHS) School-to-Work Program Direct Service Pilot Contract between Jefferson
County Public Health and DSHS May 1, 2026 — September 30, 2027, Fee For
Service
STATEMENT OF ISSUE:
Jefferson County Public Health, the Intellectual and Developmental Disabilities program, requests Board
approval of the DSHS School-to-Work Program Direct Service Pilot Contract. The County has held
agreements with DSHS for these services since 2025. This contract is a renewal of that agreement.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
School-to-Work" is a step-by-step guide to employment for students with intellectual and/or developmental
disabilities who desire to have a job by the time they graduate high school. The guide contains six milestone
activities. The County is reimbursed for each milestone a participating student completes with a maximum
reimbursement of $14,000 per student. There is no cap to how many students may be served.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
There is currently one provider of School to Work Program direct services in the County. The County intends
to continue to subcontract with that provider to administer School to Work services. The provider will be
compensated through the reimbursements the County receives through this agreement with DSHS.
RECOMMENDATION:
JCPH management requests approval of this agreement.
REVIEWED BY:
qv7.5c 6 (qta6
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-26-036
CONTRACT REVIEW FORM I Clear Form
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: DSHS-Division of Vocational Rehabilitation-(DVR) Contract No: DD-26-036
Contract For: School to Work Direct Svc Term: May 1, 2026- Sept 30, 2027
COUNTY DEPARTMENT: Jefferson County Public Health-DD Program
Contact Person: Bonnie Obremski
Contact Phone: 360-385-9410
Contact email: bonnieo@co.jefferson.wa.us
AMOUNT: Fee for service
PROCESS:
Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# PH fund#127 RFP or RFQ
Munis Org/Obj #12768041 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP W T 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ri 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: [1 N/A: f— IG May 4,2026
Glenn Gilbert Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/7/2026.
Agreement propsed by DSHS is a state form: difficult to amend; low risk to
county. JCPH needs subrecipient agreements with local partner(s) to
govern fund distribution.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/5/2026.
DSHS proposed K language: 1) no indemnification clause & 2) contract
forbids lawsuit to resolve disputes. Legal will approve, but risk should
consider lack of indemnity clause and no court remedy before approving.
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 Agreement Number
st,,, COUNTY PROGRAM AGREEMENT
7 1
Department of Social 2663-69741
1 &Health Services School-to-Work Direct Service Pilot
Transforming lives Contract
This Program Agreement is by and between the State of Washington Administration or Division
Department of Social and Health Services (DSHS) and the County identified Agreement Number
below, and is issued in conjunction with a County and DSHS Agreement On
County Agreement NumberGeneralTermsandConditions, which is incorporated by reference. DD-26-0 6
DSHS ADMINISTRATION DSHS DIVISION DSHS INDEX NUMBER DSHS CONTRACT CODE
Division of Vocational Division of Vocational 1223 8500CC-63
Rehabilitation 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
564)200-2812 Click here to enter text Austin.DiazMunoz@dshs.wa.gov
COUNTY NAME COUNTY ADDRESS
Jefferson County 1820 Jefferson Street
Port Townsend, WA 98368
COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME
NUMBER Bonnie Obremski
COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL
360) 385-9410 360) 385-9401 BonnieO@co.jefferson.wa.us
IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM ASSISTANCE LISTING NUMBERS
AGREEMENT?
No
PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT
05/01/2026 09/30/2027 Fee For Service
EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this
County Program Agreement by reference:
EI Exhibits (specify): Exhibit A - Data Security Requirements Exhibit B -Student Guide Instructions, Exhibit C -
Student Guide, Exhibit D -School-to-Work Student Data, Exhibit E -School-to-Work Billing Checklist
No Exhibits.
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 of 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 shall be binding on DSHS only
upon signature by DSHS.
COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED
Greg Brotherton, Chair
Board of County Commissioners
Jefferson County Washington
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
APPROVED AS TO FORM ONLY
Oar1! 05/05/2026
Jeremta B. uther Date
Civil Deputy Prosecuting Attorney
Jefferson County Washington
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 1
Special Terms and Conditions
1. Definitions
a. "Authorization for Purchase (AFP)" means the formal DVR fiscal document that officially identifies
and authorizes a DVR Contractor to deliver a specific service.
b. "CRP" or "Community Rehabilitation Program", means a provider which provides vocational
rehabilitation service to individuals with disabilities to enable those individuals to maximize their
opportunities for employment.
c. "Contractor" means Jefferson County.
d. "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.
e. "County Coordinator" means the official developmental disabilities program coordinator or their
designee.
f. "DDCS" means the Developmental Disabilities Community Services, formerly known as the
Developmental Disabilities Administration (DDA).
g. "DVR" means Department of Social and Health Services, Division of Vocational Rehabilitation.
h. "DVR Counselor(s)" means the Vocational Rehabilitation Counselor(s) assigned to the School-to-
Work Student through the DVR eligibility process.
i. "Individual Plan for Employment (IPE)" means a DVR form that documents important decisions
about vocational rehabilitation services for a Student as defined in WAC 388-891-1115. The
decisions documented on the IPE include, but are not limited to:
1) The employment outcome the Student plans to achieve;
2) Each major step needed to accomplish the employment outcome;
3) The Student's responsibilities in accomplishing each step of the plan;
4) DVR's responsibilities in assisting the Student to accomplish each step of the plan;
5) Vocational Rehabilitation (VR) services needed to complete each step; and
6) Terms and conditions the Student and the DVR Counselor agree are required for
continued support from DVR.
j. "Intensive Training Services" means individualized, one-on-one job skills training and support
provided at the supported employment job site to enable a Student to:
1) Attain Job Stabilization in on-the-job performance, with job supports;
2) Meet the employer's expected level of work productivity; and
3) Transition to Long-Term Services when stabilization is achieved.
k. "Job Foundation" —The Job Foundation process is intended to engage students earlier in targeted
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 2
Special Terms and Conditions
employment planning and connection; increase partnerships with school staff to complete student's
Job Foundation report with actionable next steps; and increase the number of students completing
transition programs with a job or secondary education connection.
1) The Job Foundation report and process may be a source of information for the
Assessment in determining an employment goal for the Student.
I. "Job Placement" means locating, securing, and placing a Student into competitive integrated
employment that is mutually agreed upon by the DVR Counselor, the Contractor, and the Student
or the Student's Team.
m. "Job Stabilization" means the Student, the employer, the DVR Counselor and the Contractor
mutually agree that a Student placed in a Supported Employment position has demonstrated and
maintained satisfactory on-the-job performance and has the quantity and type of long-term
employment supports available to them that are needed to maintain satisfactory on-the-job
performance.
n. "Long Term Services" means ongoing support services provided by an entity other than DVR after
the Student obtains employment and exits DVR School-to-Work services.
o. "Monthly Progress Report" means progress reports that are to be filled out on a monthly basis and
shared with the Student's Team to demonstrate progress towards employment and summarize
monthly work being done with and on behalf of the Student.
p. "Assessment" means
1) Identify a Student's unique work interests, abilities, and any competitive employment
barriers related to communication, mobility, work skills, work tolerance, self-direction
cognition and learning), and interpersonal attitudes, skills, behavior, or self-care, etc.;
and
2) Identify the nature and extent of support(s) and accommodations needed for the
Student to obtain and maintain competitive integrated employment.
q. "School-to-Work" means a program that supports a seamless transition for students with
intellectual/developmental disabilities from school to adulthood through employment services and
connecting students to the necessary resources for success.
r. "Service Delivery Outcome Plan (SDOP)" is a written plan jointly developed by the Student, DVR,
DVR Counselor, and CRP representative for obtaining School-to-Work services. The details of the
agreement are tailored to the unique needs of the Student and documented.
s. "Student" means an individual with an intellectual/developmental disability age 20 to 22 who is in
their high school transition program.
t. "Student Guide" means a guide designed for a Student and/or parent(s)/guardians to house School-
to-Work related documentation, information, assessments, activity logs, and notes. This guide is a
Student's 'roadmap' to ensure key activities and milestones are completed and organized.
u. "Student's Team" means any combination of people, including, but not limited to; educators, CRPs,
the Student's Legal Representative or Guardian, County Staff, DVR Counselor(s) who support a
Student as they move towards Job Placement and Job Stabilization.
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 3
Special Terms and Conditions
v. "Subcontractor" means a Community Rehabilitation Program that the Contractor has separately
chosen to perform all or a portion of the duties and obligations that the Contractor is obligated to
perform pursuant to this Contract.
w. "Youth Extended Services" means ongoing support services and other appropriate services
provided to support a Student with a most significant disability in employment as a means to bridge
employment support between stabilization and long-term services.
2. Purpose. The purpose of this Contract is to represent a collaborative effort between community,
educators, caregivers and providers to support Students with comprehensive training and experience
that will lead to paid, integrated employment by graduation.
3. Period of Performance. The period of performance for this Contract shall begin May 1, 2026 and end
September 30, 2027. Contractor will determine their specific program timeline within the period of
performance.
4. General Requirements. The Contractor must perform the minimum expectations below in conducting
the services of this Contract:
a. Provide all services of this Contract in a manner and setting(s) that meet the requirements of
Washington State DSHS Administrative Policy 7.02.
b. Arrange and be responsible for all costs associated with communication interpreter services, as
needed, to provide disability-related access per the Americans with Disabilities Act (ADA) unless
the cost involved would cause an undue hardship (significant difficulty or expense) for the
Contractor. Determination of what constitutes an undue hardship will be made on a case-by-case
basis, relative to the Contractor's overall resources.
1) If an undue hardship does exist, the DVR School-to-Work/Transition Program Manager
or their designated representative may authorize paying for interpreter services and/or
translation services apart from the contracted fee for service.
2) Provide and be responsible for the cost of providing services through alternative
formats, methods, and languages, as needed, for Students who have Limited English
Proficiency (LEP) as per the Civil Rights Act of 1964.
c. Contractor is responsible for addressing cultural, language, and technological accessibility for all
Students to the best of their abilities when performing the services under this Contract.
d. Eligibility: Students must meet the following criteria:
1) DDCS-eligible.
2) DVR-eligible.
3) Enrolled in a school district educational program that may include, but is not limited to:
a) High school;
b) Home school;
c) Technical college, by exception approved by the DVR Transition Program Manager or
designated representative;
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 4
Special Terms and Conditions
4) Higher Education, by exception approved by the DVR Transition Program Manager or
designated representative. Student starts School-to-Work services as of May 1, 2026 or
later, as determined by the Student.
a) School-to-Work is a wrap-around service that's only available one (1) time per Student.
i. Students who choose to participate in this cohort may not participate again under a
different contract covering a different cohort. Should the Student change their mind on
the cohort they choose to participate in, the Contractor is responsible for communicating
with DVR to ensure there are no duplicate payments.
ii. Should a Student move from one School-to-Work County to another, or pause services,
due to individual circumstances, it is determined by the DVR Transition Program
Manager or designated representative, whether School-to-Work services will continue,
and if so, at one point in the process.
b) Students must apply for DVR to start School-to-Work services no later than January 31,
2027. Students who intend to start services after January 31 may only do so with prior
written approval from the DVR School-to-Work Transition Program Manager or their
designated representative.
5) Between ages 20-22. Students who have been identified to start services at age 19
may do so with prior written approval from the DVR School-to-Work Transition Program
Manager or designated representative.
6) Have an Individualized Education Plan (IEP).
7) Establish a DVR Individual Plan for Employment (IPE) with an employment goal that
requires Youth Extended Services as needed and Long-Term Services in order to be
achieved. This requirement must be completed by the end of the School-to-Work Intake
and Assessment Phase per section 5, Statement of Work.
e. Meetings must be held in the format best suited for the Student. If all parties are not able to attend
meetings in person, use of telephone or video conferences is encouraged to complete the process
in a timely manner.
f. Contractor must keep all Students enrolled in School-to-Work through the duration of this Contract,
regardless of outcome and/or Stabilization, unless Student chooses to exit the program of their own
volition or due to unforeseeable circumstances.
1) Should a Student exit early for any reason, Contractor must document the departure in
Exhibit D — School-to-Work Student Data. See Section 6, Deliverables for further
instruction.
g. Service Delivery Agreement: The Contractor's delivery of VR services specified in this agreement
will begin upon the completion and signing of the agreed upon SDOP.
h. Service Delivery Payment: The Contractor will be paid upon completion and submission of the
required documentation demonstrating completion of each of the three phases for each Student as
outlined in Section 5, Statement of Work.
i. Service Delivery Method: This Contract utilizes Exhibit C - Student Guide as a reporting tool and all
associated activities outlined in Section 5, Statement of Work shall be carried out using the Student
Guide. Exhibit B —Student Guide Instructions offers instruction on how the Contractor may use the
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 5
Special Terms and Conditions
Student Guide.
5. Statement of Work. The Contractor shall provide a program to provide the services, staff, resources,
and otherwise do all things necessary for, or incidental to the performance of work, as set forth below:
Services shall be sorted into the following three phases:
Intake and Assessment Phase.
Job Placement Phase.
Employment Phase.
a. Intake and Assessment Phase. The intent of this phase is to ensure the Student and the Student's
Team collaborate to determine if enough information is available to establish an employment goal,
establish the employment goal, and build an individualized roadmap of the Student's transition from
their education to meaningful community employment. This shall be accomplished through the
following objectives:
1) Intake
a) At a minimum, the Contractor shall work with the Student, the Student's legal representative
or guardian (unless they are their own), the CRP, and the DVR Counselor to:
i. Complete intake forms as needed, including the SDOP.
ii. Outline how assessment will occur, including additional meeting time.
b) The employment goal is established and documented.
i. Determine what Job Seeker Tools are needed for the Student's employment goal.
2) Assessment
a) Through the assessment process, the Contractor will collect information about the Student's
strengths, skills, and supports needed for success on the job. This information will be based
on the Student's school, home, and community work-related activities, interviews with the
Student, family, school personnel, and others who are familiar with the Student. This
information may be obtained from Job Foundation report, work-based learning, school
assessments, etc.
b) At a minimum, the following criteria must be addressed:
i. History of school attendance and reliability;
ii. Behavior support or potential strategies;
iii. Student Communication skills;
iv. Student learning preferences;
v. Student's personal hygiene;
vi. Potential job safety concerns;
DSHS Central Contract Services
6017CF County Program Agreement(10-31-2017) Page 6
Special Terms and Conditions
vii. Student stamina/endurance;
viii. Student social skills;
ix. Demonstrated skills and task performance;
x. Transportation needs; and
xi. Work preferences and interests.
c) Based on the above criteria, the Contractor must determine recommendations regarding
appropriate and attainable job goal(s) that align with the Student's:
i. Skills and interests;
ii. Desired work environment;
iii. Desired schedule;
iv. Ability to travel to/from work within a reasonable length of time; and
v. Accommodations and supports necessary to achieve identified goals.
b. Job Placement Phase. The intent of this phase is to provide the Student with the tools they will
need to find and secure meaningful community employment based on their employment goal. The
Contractor shall provide all services necessary to locate, secure, and place a Student into
competitive integrated employment that is mutually agreed upon by the Student's Team. Specific
placement expectations shall be outlined on the DVR SDOP for Job Placement and Intensive
Training.
Placements less than 10 hours: Job placement goals that are less than 10 hours per week shall be
approved in advance by the appropriate DVR Vocational Rehabilitation Counselor in consultation
with the Student's Team.
1) Job Seeker Tools
a) Contractor shall create tools based on individual need, such as a resume, cover letter,
videos, PowerPoint (or comparable applications), and/or portfolios.
b) Contractor may also develop other materials as it pertains to the Student's individualized
pathway to employment such as a letter of recommendation, create and/or update Linkedln
page or other social media, etc.
2) Job Offer
a) If the Student received the job offer, Contractor must provide details of the job offer including
the following:
i. The Student's Employment Goal;
ii. Job Title;
iii. Start Date;
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iv. Job Duties;
v. Expected Weekly Hours;
vi. Starting Wage;
vii. Location;
viii.Transportation Consideration;
ix. Benefits Package; and
x. Potential Training Services and Date/Additional Info.
b) If the Student rejected the job offer, Contractor must provide the reason(s) why the Student
rejected the job offer. Details must include how the job did not meet their individualized
employment goal, as well as the criteria in (2)( a).
c) If a Student has a job goal that is 10 hours or more per week, but receives a job offer fewer
than 10 hours per week, the Contractor shall request approval from the DVR Counselor in
consultation with the Student's Team should the Student want to accept the offer.
c. Employment Phase. The intent of this phase is to verify, stabilize, and maintain meaningful
community employment.
1) Employment Verification
a) Contractor shall submit the following method of verification of employment after Student's
first day of employment:
i. The Employment Verification page of the Student Guide.
2) Intensive Training Services
a) Intensive job training expectations shall be outlined by the Student's Team. The Contractor
shall provide individualized, one-on-one job skills training and support at the supported
employment job site that will enable a Student to:
i. Achieve job stabilization in on-the-job performance, with job supports and services, and
a fading plan;
ii. Meet the employer's expected level of work productivity; and
iii. Transition to Youth Extended Services as needed and Long-Term Services.
3) Stabilization
a) Stabilization is achieved when the Student's Team and their employer agree that the
Student has demonstrated and maintained satisfactory on-the-job performance and has
long-term supports in place.
b) Job stabilization is determined for each Student in supported employment based on their
unique circumstances. The DVR Counselor determines that the Student's work performance
is stabilized with input from the Student, employer and extended service provider when:
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i. The Student has reached the agreed-upon goal for the number of weekly hours worked,
unless the Student and the DVR Counselor agree that the job represents substantial and
suitable employment.
ii. The Student has reached a maximum level of on-the-job employment and meets
employer expectations.
iii. The supports available are adequate for the Student to maintain stable employment and
meet the employer's expected level of work productivity.
iv. The Student has long-term employment supports available or in process and is able to
transition to these services to maintain job stability.
c) Once achieved, a Stabilization Report and supports on the job the Student may need, must
be completed for the Student as outlined in the SDOP and must include:
i. Detail and summary of how the placement hours were met (or if the job represents
suitable employment); and
ii. Detail, descriptions, and summary of how the DVR Counselor, CRP, and the employer
agrees that the employer's expectation have been met; and
iii. Detail and summary of how long-term supports have been set up and will occur; and
iv. The strengths the Student brings to the job; and
v. The Student's fading plan, including how they will remain stable on the job; and
vi. Additional training, services, and supports the Student may need.
4) Stabilization needs to be achieved by September 30, 2027. However, exceptions may
be made on a case-by-case basis through the end of the calendar year (December 31,
2027) with approval from the DVR Transition Program Manager or their designated
representative. Youth Extended Services.
a) DVR shall provide Youth Extended Services needed by the Student until DDCS funds are
available, in accordance with WAC 388-891A-1060.
i. Should Youth Extended Services reach six (6) months, the Contractor and DVR shall
collaborate to determine next steps which may include additional Youth Extended
Services or other options as needed.
b) Youth Extended Services funded by DVR shall be outlined on the DVR Youth Extended
Services SDOP.
i. Maximum 26 hours per month at the hourly rate of$105.00
A) If more than 26 hours per month are needed for a Student, the DVR Counselor must
document the requirement for more service hours and staff the case with their
supervisor to request an exception to this maximum.
B) Exceptions may be made on a case-by-case basis and must be reported to the DVR
School-to-Work Transition Program Manager or designated representative.
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6. Deliverables. The Contractor shall demonstrate completion of activities for payment through the
following reporting methods. Submissions should be written in language that directly addresses the
Student and shall continue for 90 days beyond the Student's stabilization, or until DVR case closure.
The Contractor shall submit the required Monthly Progress Report to the assigned DVR Vocational
Rehabilitation Counselor for each Student who is served by this Contract.
a. Student Guide
1) The Contractor shall submit a copy of the Student Guide to the Student's Team at the
end of each month demonstrating the progress of the Student's transition year via
completion of the Monthly Progress Reports section located on the front page and the
back of the Student Guide.
2) The Contractor shall submit Exhibit E - School-to-Work Billing Checklist to the DVR
Counselor upon completion of payment points for each Student as demonstrated in the
Student Guide.
3) Contractor shall submit a minimum of three (3) School-to-Work Billing Checklists for all
payment points for each Student.
4) The Student Guide is a living document that comprises the following activities:
a) Intake— Signed SDOP & Roles and Responsibilities of the Student's Team.
i. Roles and Responsibilities of the Student's Team will include;
A) Team member's role.
B) Team member's contact information including name, email, and phone.
C)Team member's responsibility to the Student.
b) Assessment— Comprehensive assessment demonstrating how an Employment Goal is
reached and established.
c) Job Seeker Tools— Such as Resume, Cover Letter, Video, PowerPoint, Portfolio, etc.
d) Job Offer— Documentation/Details of a Job Offer as stated in Section 5—Statement of
Work.
e) Employment Verification — Documentation/Details of a Job Start as stated in Section 5—
Statement of Work.
f) Stabilization — Stabilization Report.as stated in Section 5 - Statement of Work.
b. Data Sharing and Reporting - DVR is tracking the progress and success of the School-to-Work
program to ensure the program is available to all Students who meet eligibility requirements across
the state. In order to accomplish this, the Contractor must submit Exhibit D— School-to-Work
Student Data.
a) Exhibit D incorporates the following required data elements:
i. Number of Students identified as eligible for School-to-Work in county or counties
served. If the Contractor coordinates services for more than one county, the Contractor
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shall submit data for each county.
ii. Number of Students enrolled with DVR.
iii. Number of Students employed.
iv. Number of Students who exited School-to-Work early.
v. Reason for Student exiting early.
vi. Number of Students who exited School-to-Work/DVR employed and transferred into
Long-Term Services with DDCS.
vii. Number of Students transferred into Adult Services or Job Placement with DVR.
b) Exhibit D must be submitted a total of three (3) times to the DVR School-to-Work Transition
Program Manager or their designated representative throughout the course of the 2027
transition cohort following the below schedule and with the appropriate tab completed:
i. The "Aug 31, 2026" tab shall be submitted on August 31, 2026, or upon execution of the
Contract, whichever is later.
ii. The "March 31, 2027" tab shall be submitted on March 31, 2027.
iii. The "Sept 30, 2027" tab shall be submitted on September 30, 2027, or at the conclusion
of the Contractor's program, whichever is sooner.
c) If the above dates fall on a State-recognized holiday or weekend, Contractor may submit
Exhibit D on the nearest workday prior to the due date.
7. Monitoring.
a. The Department of Social and Health Services, Division of Vocational Rehabilitation is required to
maintain a contract administration system which ensures that Contractors perform in accordance
with the terms, conditions, and specifications of their Contracts. DVR manages and monitors its
contracts through conducted risk assessments and monitoring plans. Authority to conduct such
reviews is provided by Title 2 of the Code of Federal Regulations (CFR), 34 CFR 80.36, OFM
SAAM Policy 16.20.55, DSHS Administrative Policies No. 13.11 and 19.50. 30.
b. Progress Meetings: DVR School-to-Work Transition Program Manager shall work with Contractors
to plan meetings which allow discussion of program progress and support methods to ensure
Students are receiving adequate services to obtain employment. In addition, Contractor may invite
DVR partners to attend local County-initiated service provider meetings. DVR partners may include
local DVR Counselors, supervisors, and School-to-Work staff.
8. Subcontractors.
a. All Subcontractors utilized by the Contractor in delivery of direct services described in this Contract
shall hold a current DVR Community Rehabilitation Program (CRP) contract in which they provide
the following services:
1) Community-Based Assessments; and
2) CRP Job Placement; and
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3) CRP Intensive Training Services.
b. Subcontracts
1) Copies of proposed subcontracts between the Contractor and subcontracted CRPs
shall be provided to DVR School-to-Work Transition Program Manager prior to the start
date of this agreement; OR
2) Within seven (7) calendar days of Contractor signature on this agreement.
3) All subcontracts must incorporate this Contract by reference and include all of this
Contract's requirements.
9. Consideration. Total consideration payable to Contractor for satisfactory performance of the work
under this Contract is up to a maximum of$14,000 per Student. This is a comprehensive rate for each
service and takes into account the administrative costs associated with operating the program as well
as the actual costs of each service, and shall be based on the following:
a. Intake and Assessment Phase—A total payment of$5,000 per Student shall be paid to the
Contractor when the individual Student has completed the following activities:
1) Intake Meeting: Paid upon receipt of a School-to-Work Billing Checklist and a written
report in the Student Guide. The total billable amount for this activity is $2,000 per
Student.
2) Assessment: Paid upon receipt of a School-to-Work Billing Checklist and a written
report in the Student Guide. The total billable amount for this activity is $3,000 per
Student.
b. Job Placement Phase—A total payment of$3,000 per Student shall be paid to the Contractor when
the individual Student has completed the following activities:
1) Job Seeker Tools: Paid upon receipt of a School-to-Work Billing Checklist and a written
report in the Student Guide. The total billable amount for this activity is $1,000 per
Student.
2) Job Offer: Paid upon receipt of a School-to-Work Billing Checklist and a written report in
the Student Guide. The total billable amount for this activity is $2,000 per Student. A job
offer is payable once upon receipt of the offer regardless of whether or not the Student
accepts the job offer.
3) If a Student with a placement goal of 10 hours per week or more accepts a placement
for less than 10 hours per week, an exception for payment may be granted with
approval of the appropriate DVR Supervisor. This approval shall be in consultation with
the team including the Student, Student's Family (as applicable), DVR Counselor, CRP,
and County staff.
c. Employment Phase—A total payment of$6,000 per Student shall be paid to the Contractor when
the individual Student has completed the following activities:
1) Employment Verification: Paid upon receipt of a School-to-Work Billing Checklist and a
written report in the Student Guide. The total billable amount for this activity is $1,000
per Student.
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2) Job Stabilization: Paid upon receipt of a School-to-Work Billing Checklist and a written
report in the Student Guide. The total billable amount for this activity is $5,000 per
Student.
10. Billing and Payment
a. The Contractor shall submit no less than three (3) separate original School-to-Work Billing
Checklists to the assigned DVR Vocational Rehabilitation Counselor for each Student who is
successfully served by this Contract.
1) At a minimum, one School-to-Work Billing Checklist per phase as outlined in Section 5,
Statement of Work.
2) School-to-Work Billing Checklists may only be submitted to DVR upon the successful
completion of an activity outlined in the SDOP.
3) School-to-Work Billing Checklists must be submitted within sixty (60) days of service(s)
having occurred or within sixty (60) days of the completion of each phase.
b. Payment shall be considered timely if made by DSHS within thirty (30) days after receipt and
acceptance by the designated DVR Counselor of the properly completed School-to-Work Billing
Checklist. Payment shall be sent to the address designated by the Contractor on page one (1) of
this Contract.
c. DSHS may at its sole discretion, withhold payment claimed by the Contractor for services rendered
if the Contractor fails to satisfactory comply with any term or condition of this Contract.
11. Insurance - Self-Insured
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) 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.
12. Investigations of Contractor or Related Personnel
a. DSHS may, without prior notice, suspend the Contractor's performance of the Contract if the
Contractor, or any partner, officer or director of the Contractor, or a subcontractor, or any employee
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or volunteer of the Contractor or a subcontractor, is investigated by DSHS or a local, county, state
or federal agency regarding any matter that, if ultimately established, could either:
1) Result in a conviction for violating a local, state or federal law.
2) In the sole judgment of DSHS, adversely affect the delivery of services under this
Contract or the health, safety or welfare of DSHS Students.
b. DSHS may also take other lesser action, including, but not limited to, disallowing a staff member,
employee, or other individual associated with the Contractor or a subcontractor, from providing
services, or from having contact with DSHS Students, until the investigation is concluded and a final
determination made by the investigating agency if inconclusive or unsubstantiated.
13. Removal of Individuals from Performing Services
a. In the event that any of the Contractor's employees, subcontractors, or volunteers who provide
services under this Contract do not meet qualifications required by this Contract or do not perform
the services as required in this Contract, DSHS may require that Contractor remove such individual
from providing services to DSHS Students under this Contract.
b. DSHS shall notify the Contractor of this decision verbally and in writing and the Contractor shall,
within 24 hours, remove that individual from providing direct services to DSHS Students. Failure to
do so may result in a Corrective Action Plan.
14. Compliance with Corrective Action Plan
In the event that DSHS identifies deficiencies in Contractor's performance under this Contract, DSHS
may establish a Corrective Action Plan When presented with a Corrective Action Plan, Contractor
agrees to undertake the actions specified in the plan within the timeframes given to correct the
deficiencies. Contractor's failure to do so shall be grounds for termination of this Contract.
15. Order of Precedence in DVR Process
In the event of any inconsistency or conflict between the Terms and Conditions of this Contract and the
DVR Service Delivery Outcome Plan (SDOP) and the Authorization for Purchase (AFP), the
inconsistency or conflict shall be resolved by giving precedence this contract in its entirety. Terms or
conditions that are more restrictive, specific, or particular than those contained in this contract shall not
be construed as being inconsistent or in conflict.
16. Disputes
When a dispute arises over an issue concerning the terms of this Contract, the following process is
used to address the dispute:
a. The Contractor and DVR shall attempt to resolve the dispute through informal means between the
Contractor and the assigned DVR Counselor. For those contracts where a DVR Counselor is not
assigned, the Contractor shall attempt to resolve the dispute with the contact person identified on
the first page of the contract.
b. If the Contractor is not satisfied with the outcome of the resolution with the DVR Counselor or
DSHS contact person, the Contractor may submit a request for review of the disputed issue, in
writing, for review within thirty (30) business days of the outcome to:
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DVR Director
DSHS/DVR
PO Box 45340
Olympia WA 98504-5340
c. The Director may appoint a designee to review the disputed issue.
d. A request for dispute resolution shall include:
1) Name of the requester.
2) Contractor's name, full address, phone number, and email.
3) Contract number.
4) Description of the issue in dispute.
5) A statement describing the requester's position on the issue in dispute, including any
documentation that supports this position.
6) Steps already taken to resolve the dispute.
e. The reviewer may request additional supporting documentation from either party to assist in
reaching a fair resolution.
f. The Director shall issue a written decision to the Contractor within thirty (30) business days of
receipt of all information relevant to the issue.
g. The dispute resolution process described above is the sole administrative remedy available under
this Contract.
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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-upd1.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.
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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=AII),
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:
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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:
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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 19
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 20
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 21
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 Fed RAMP 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 22
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 23
Exhibit B:School-to-Work Student Guide Instructions
Thefollowing is a billing guide for the Contractor as they work with students by following the pages of the
Student Guide. As the following sections are completed,the Contractor will use Exhibit E: STW Billing
Checklist for Student Guide, provided to the Contractor by DVR.
These instructions willsupportguidanceto School-to-Work(STW)contractors as they work with students
who are participating in STW.To begin the process of STWand to review the STW Student Guide,schedule a
STW Intake and Assessment meeting with the Student and the Student's Team. During this meeting, the
STW Student Guidewill be shared with the student,going through the process of STWand what the student
should expect in their final year of Transition.
Billing Instructions:
1. Bill$2,000 for the STW Intake Meeting once the following pages are complete:
Team Building and Information
Team Contacts, Roles, and Responsibilities
2. Bill$3,000 for Assessment once the following pages are complete:
Assessment pages may include the following pages being completed, as applicable for the student, as
each student mayget to their employment goal in their own way. All sources of information may be used to
determine the parts of the assessment. This may include job shadows, a Job Foundation Report through
DDCS,Work Based Learning through Pre-ETS, or any source to determine the needed information to
establish an employment goal. The student and the student's team will work together to determine this.
The main goal for this section is to get to an employment goal and the next steps for the student.
STW Assessment
Job Goal
Next Steps and Team Actions
3. Bill$1,000 for the Job Seeker Tools once the following pages are complete:
Job Seeker Tools(determined bythe student's team and have been completed and shared with the
student and DVR)
4. Bill$2,000 for the Job Offer once the following page is complete:
Job Offer Details on the page titled"You were offered the job!Way to go!"
5. Bill$1,000 for Employment Verification once the following page is complete:
Form is completed on the page titled"Congratulations,you are employed!"
6. Bill$5,000 for Stabilization once the following pages are complete:
Your Supports on the Job
Job Stabilization Report
Please note there are additional pages in the Student Guide that do not affect the above payments
and are intended to support the student.
00o DSHS Division of Vocational Rehabilitation (DVR)
Exhibit E:
School-to-Work Billing Checklist
Contractor Month and Year
Signature Date of Signature
AFP Number Student Initials
Amount To be filled out by DVR Staff Only:
Activity Billed DVR staff sign and date below to confirm
Billed items received and to authorize payment
U Intake Meeting 2,000
Assessment 3,000
Job Seeker Tools 1,000
Job Offer 2,000
Employment Verification $1,000
n Stabilization 5,000
Total Billing: $
Instructions:
1. The Student Guide is sent monthly to the Student's Team, including the DVR Counselor.
2. The Contractor checks the appropriate box(es) as the corresponding activities are completed in
the Student Guide (one form per student).
3. The Contractor submits this completed form to the assigned DVR Counselor.
4. The DVR Counselor confirms information from monthly submissions of the Student Guide,
verifies activities were completed, then signs and dates the checklist.
5. The DVR Counselor submits for payment.
Notables:
The Student Guide serves as documentation for proof of completion for the payment / activity
point.
The Contractor submits no less than three (3) separate checklists to the assigned DVR
Counselor for each student (submitting all payment points separately is also an option).
Any questions, please contact the School-to-Work Team at
DVRSchoolToWorkAdshs.wa.gov.
Exhibit E: School-to-Work Billing Checklist
DSHS 11-195A (04/2026)
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Rebecca Marriott
DATE: June 8, 2026
RE: AGREEMENT re: Therapeutic Courts contract with Salish
Behavioral Health Organization
STATEMENT OF ISSUE:
This contract from the Salish Behavioral Health Organization provides for an additional
9,131 of funding for this calendar year to be used for attendance at Therapeutic Court
Conferences and incentives.
ANALYSIS:
These reimbursement funds are to be used for incentives in Jefferson County Therapeutic
Courts as well as for attendance at Therapeutic Court Conferences.
FISCAL IMPACT:
The 2026 contract will provide $9,131 in additional revenue for Therapeutic Courts for this
calendar year.
RECOMMENDATION
Review the agreement and approve.
REVIEWED BY:
Josh v) 'eters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Salish Behavioral Health Organization Contract No: KC-046-26
Contract For: Therapeutic Courts l erm 1/1/26 - 12/31/26
COUNTY DEPARTMENT: Therapeutic Courts
Contact Person:Rebecca Marriott
Contact Phone: 360-385-9369
Contact email: rmarriotttco.jefferson.wa.us
AMOUNT: $9,131
PROCESS:
Exempt from Bid Process
Revenue: $9,131 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 t PLIANCE WITH,ICC 3.55.080 AND CHAPTER 2.23 RCW.
CERTIFIED: a N/A:1 1
Signature a
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: itpt-e/CA;)it(i
Signature to
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/ 4/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/4/2026.
DPA Luther review and approval on 6/4/26
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
Jefferson County Superior Court- CJTA
KC-046-26 Kitsap
UEI: LD6MNJ62JQD1
FAIN: N/A
SALISH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION
STANDARD CONTRACT
Contract Number: KC-046-26
Contractor: Jefferson County Superior Court
Amount: $9, 131.00
Contract Term: January 1, 2026, to December 31, 2026
CFDA: N/A
Purpose: This contract is entered into for the purpose of ensuring the provision of
behavioral health services for residents from Kitsap, Jefferson, and Clallam Counties.
This contract is made between Jefferson County Superior Court (hereinafter
Contractor") and the Salish Behavioral Health Administrative Services Organization
hereinafter "SBHASO"). This notification of contract, including all material incorporated
by reference, contains all terms and conditions agreed to by the parties hereto. No
other understanding, oral or otherwise, regarding the subject matter of this agreement
shall be deemed to exist or to bind any of the parties hereto. The Kitsap County
Department of Human Services shall act as administrator of this contract on behalf of
SBHASO.
The rights and obligations of the parties shall be subject to, and governed by, the terms
and conditions contained herein and by the Statement of Work, General Agreement,
Special Terms and Conditions, Business Associate Agreement and the Budget/Rate
Sheet. In the event of any inconsistency in this notification of contract, including the
items incorporated herein by reference, the inconsistency shall be resolved by giving
precedence in the following order: (1) General Agreement; (2) Special Terms and
Conditions; (3) Statement of Work; (4) Budget/Rate Sheet.
As evidenced by signatures hereon, the parties accept the terms and conditions of this
contract.
Jefferson County Superior Court - CJTA
KC-046-26
Kitsap UEI: LD6MNJ62JQD 1
FAIN: N/A
Dated this day of 2026.
SALISH BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICES
ORGANIZATION, By
KITSAP COUNTY BOARD OF
COMMISSIONERS, Its Administrative
Entity
ORAN ROOT, Chair Date
Katherine T. Walters Date
Commissioner
Christine Rolfes, Commissioner Date
DATE
ATTEST
Dana Daniels, Clerk of the Board
2
Jefferson County Superior Court - CJTA
KC-046-26
Kitsap UE1: LD6MNJ62JQD1
FAIN: NiA
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By: Heidi Eisenhour, BOCC Chair Date
By: Greg Brotherton, Commissioner Date
By: Heather Dudley-Nollette, Commissioner Date
Carolyn Gallaway, CMC Date
Clerk of the Board
06-04-2026
Jer: 1r er Date
Civil I eput Prosecuting Attorney
3
N/A
Kitsap County Face Sheet
For Sub-recipient Contracts Using Federal Awards
CFR 200.332 Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the
information provided below.A pass-through entity must provide the best available information when some of the
information below is unavailable.A pass-through entity must provide unavailable information when it is obtained.
Required information includes:
Fill in)
Subrecipient's unique entity identifier: N/A
Federal Award Identification Number(FAIN): N/A
Federal Revenue Award Date: N/A
Subaward Period of Performance Start and End Date: N/A
Check to verify the information is in contract:
Subrecipient's name (must match the name associated with its unique entity identifier):
Federal award identification:
Subaward Budget Period Start and End Date:
Amount of Federal Funds Obligated in the subaward:
Amount of Federal Funds Obligated to the sub by the pass-through entity, including the
current financial obligation:
Total Amount of the Federal Award committed to the subrecipient by the pass-through
entity:
Federal award project description, as required by the Federal Funding Accountability and
Transparency Act(FFATA):
El Name of the Federal agency, pass-through entity, and contact information for awarding
official of the pass-through entity:
Dollar amount made available under each Federal award and the Assistance Listings
Number at the time of disbursement:
Indirect cost rate for the Federal award (including if the de minimis rate is used in
accordance with §200.414):
KC-046-26
Jefferson County Superior Court
GENERAL AGREEMENT
SECTION 1. CONTRACTOR REQUIREMENTS
Contractor agrees to perform the services as set forth in the Statement of Work
Attachment B, as attached herein.
1.1 Authority
1.1.1 Contractor possesses legal authority to apply for the funds covered under
this contract.
1.1.2 No subcontract shall terminate the Contractor's legal responsibility to
SBHASO for any work performed under this Contract nor for oversight of
any functions or responsibilities it delegates to any Subcontractor.
1.2 Assignment/Subcontract
1.2.1 Contractor shall not assign its rights and/or duties under this contract
without the prior written consent of the SBHASO.
1.2.2 Contractor shall obtain written approval for assignment from the Contract
Administrator prior to entering into any subcontract for the performance of
any services contemplated by this contract; provided, however, that
approval shall not be unreasonably withheld.
1.2.2.1 In the event that the Contractor enters into any subcontract
agreement funded with money from this contract, the Contractor
is responsible for subcontractor:
1.2.2.1.1 Compliance with applicable terms and
conditions of this contract;
1.2.2.1.2 Compliance with all applicable law; and.
1.2.2.1.3 Provision of insurance coverage for its
activities
1.3 Limitations on Payments
1.3.1 Contractor shall pay no wages in excess of the usual and accustomed
wages for personnel of similar background, qualifications and experience.
1.3.2 Contractor shall pay no more than reasonable market value for equipment
and/or supplies.
1.3.3 Any cost incurred by Contractor over and above the year-end sums set
out in the budgets shall be at Contractor's sole risk and expense.
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KC-046-26
Jefferson County Superior Court
1.4 Compliance with Laws
1.4.1 Contractor shall comply with all applicable provisions of the Americans
with Disabilities Act (ADA) and all regulations interpreting or enforcing
such act. The Contractor shall make reasonable accommodation for
Individuals with disabilities, in accord with the ADA, for all Contracted
Services and shall assure physical and communication barriers shall not
inhibit individuals with disabilities from obtaining Contracted Services.
1.4.2. Contractor shall comply with all applicable federal, state, and local
statutes, regulations, rules, ordinances, and all amendments thereto, that
are in effect when the Contract is signed or that come into effect during
the term of this Contract. The provisions of this Contract that are in conflict
with applicable state or federal laws or Regulations are hereby amended
to conform to the minimum requirements of such laws or Regulations.
Applicable laws and regulations include, but are not limited to:
1.4.2.1 Title XIX and Title XXI of the Social Security Act.
1.4.2.2 Title VI of the Civil Rights Act of 1964.
1.4.2.3 Title IX of the Education Amendments of 1972, regarding
any education programs and activities.
1.4.2.4 The Age Discrimination Act of 1975.
1.4.2.5 The Rehabilitation Act of 1973.
1.4.2.6 The Budget Deficit Reduction Act of 2005.
1.4.2. 7 The Washington Medicaid False Claims Act and the Federal
False Claims Act (FCA).
1.4.2.8 The Health Insurance Portability and Accountability Act
HIPPA).
1.4.2.9 The American Recovery and Investment Act (ARRA).
1.4.2.10 The Patient Protection and Affordable Care Act (PPACA or
ACA).
1.4.2.11 The Health Care and Education Reconciliation Act.
1.4.2.12 The Mental Health Parity and Addiction Equity Act
MHPAEA) and final rule.
1.4.2.13 21 C.F.R. Food and Drugs, Chapter 1 Subchapter C — Drugs
General.
1.4.2.14 42 C.F.R. Subchapter A, Part 2- Confidentiality of Alcohol
and Drug Abuse Patient Records.
1.4.2.15 42 C.F.R. Subchapter A, Part 8 — Certification of Opioid
Treatment Programs.
1.4.2.16 45 C.F.R. Part 96 Block Grants.
1.4.2.17 45 C.F.R § 96.126 Capacity of Treatment for Intravenous
Substance Abusers who Receive Services under Block
Grant funding.
1.4.2.18 Chapter 70. 02 RCW Medical Records — Health Care
Information Access and Disclosure.
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KC-046-26
Jefferson County Superior Court
1.4.2.19 Chapter 71.05 RCW Mental Illness.
1.4.2.20 Chapter 71.24 RCW Community Mental Health Services Act.
1.4.2.21 Chapter 71.34 RCW Mental Health Services for Minors.
1.4.2.22 Chapter 246-341 WAC.
1.4.2.23 Chapter 43.20A RCW Department of Social and Health
Services.
1.4.2.24 Senate Bill 6312 (Chapter 225. Laws of 2014) State
Purchasing of Mental Health and Chemical Dependency
Treatment Services.
1.4.2.25 All federal and State professional and facility licensing and
accreditation requirements/standards that apply to services
performed under the terms of this Contract, including but not
limited to:
1.4.2.25.1All applicable standards, orders, or requirements
issued under Section 508 of the Clean Water Act
33 U.S.C. § 1368), Section 306 of the Clean Air
Act (42 U.S.C. § 7606, Executive Order 11738,
and Environmental Protection Agency (EPA)
Regulations (40 C.F.R. Part 15), which prohibit the
use of facilities included on the EPA List of
Violating Facilities. Any violations shall be reported
to HCA, DHHS, and the EPA.
1.4.2.25.2Any applicable mandatory standards and policies
relating to energy efficiency that are contained in
the State Energy Conservation Plan, issued in
compliance with the Federal Energy Policy and
Conservation Act.
1.4.2.25.3Those specified for laboratory services in the
Clinical Laboratory Improvement Amendments
CLIA).
1.4.2.25.4Those specified in Title 18 RCW for professional
licensing.
1.4. 2.26 Industrial Insurance— Title 51 RCW
1.4.2.27 Reporting of abuse as required by RCW 26.44.030.
1.4.2.28 Federal Drug and Alcohol Confidentiality Laws in 42 C.F.R.
Part 2.
1.4.2.29 Equal Employment Opportunity (EEO) Provisions
1.4.2.30 Copeland Anti-Kickback Act.
1.4. 2.31 Davis-Bacon Act.
1.4. 2.32 Byrd Anti-Lobbying Amendment.
1.4.2.33 All federal and state nondiscrimination laws and Regulations.
1.4.2.34 Any other requirements associated with the receipt of federal
funds.
1.4. 2.35 Any services provided to an individual enrolled in Medicaid
are subject to applicable Medicaid rules.
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KC-046-26
Jefferson County Superior Court
1.4.3 Contractor shall comply with SBHASO policies, procedures, and practices.
1.4.4 Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, marital status, religion, sex,
sexual orientation, national origin, Vietnam era or disabled veteran's
status, age, the presence of any sensory, mental or physical disability;
provided, that the prohibition against discrimination in employment
because of disability shall not apply if the particular disability prevents the
individual from performing the essential functions of his or her employment
position, even with reasonable accommodation. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; lay-off or termination, rates
of pay or other forms of compensations, and selection for training,
including apprenticeship.
1.4.5 Contractor shall follow definitions outlined in WAC 182-500-0070 as
applicable to terms within this Contract including but not limited to:
1.4.5.1 Medically necessary means a term for describing a
requested service which is reasonably calculated to
prevent, diagnose, correct, cure, alleviate, or prevent
worsening of conditions in the Individual that
endanger life, cause suffering or pain, result in an
illness or infirmity, threaten to cause, or aggravate a
handicap, or cause physical deformity or malfunction.
There is no other equally effective, more
conservative, or substantially less costly course of
treatment available or suitable for the Individual
requesting the service. "Course of treatment" may
include mere observation or, where appropriate, no
treatment at all.
1.5 Indemnification
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless the Salish Behavioral Health Administrative Services Organization,
Kitsap County, Jefferson County, and Clallam County, and the elected and
appointed officials, officers, employees and agents of each of them, from and
against all claims resulting from or arising out of the performance of this contract,
whether such claims arise from the acts, errors or omissions of Contractor, its
subcontractors, third parties, the Salish Behavioral Health Administrative
Services Organization, Kitsap County, Jefferson County or Clallam County, or
anyone directly or indirectly employed by any of them or anyone for whose acts,
errors or omissions any of them may be liable. "Claim" means any loss, claim,
suit, action, liability, damage or expense of any kind or nature whatsoever,
including but not limited to attorneys' fees and costs, attributable to personal or
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bodily injury, sickness, disease or death, or to injury to or destruction of property,
including the loss of use resulting therefrom. Contractor's duty to indemnify,
defend and hold harmless includes but is not limited to claims by Contractor's or
any subcontractor's officers, employees or agents. Contractor's duty, however,
does not extend to claims arising from the sole negligence or willful misconduct
of the Salish Behavioral Health Administrative Services Organization, Kitsap
County, Jefferson County or Clallam County, or the elected and appointed
officials, officers, employees and agents of any of them. For the purposes of this
indemnification provision, Contractor expressly waives its immunity under Title 51
of the Revised Code of Washington and acknowledges that this waiver was
mutually negotiated by the parties. This provision shall survive the expiration or
termination of this contract.
1.6 Insurance
1.6.1 For the duration of the contract and until all work specified in the contract
is completed, Contractor shall maintain in effect all insurance as required
herein. Work under this contract shall not commence until evidence of all
required insurance and bonding is provided to the SBHASO. Evidence of
such insurance shall consist of a completed copy of the Certificate of
Insurance, signed by the insurance agent for the Contractor and returned
to
Program Lead, Salish Behavioral Health Administrative Services
Organization
Kitsap County Department of Human Services
614 Division Street, MS-23
Port Orchard, WA 98366.
1.6.2 The Contractor's insurer shall have a minimum A.M. Best's Rating of A-
VII.
1.6.3 Coverage shall include the following terms and conditions:
1.6. 3.1 The policy shall be endorsed and certificate shall reflect that
the SBHASO and Clallam, Jefferson and Kitsap Counties
are named as an additional insureds on the Contractor's
General Liability Policy with respect to the activities under
this Contract.
1.6.3.2 The policy shall provide and the certificate shall reflect that
the insurance afforded applies separately to each insured
against which a claim is made or a suit is brought except
with respect to the limits of the Contractor's liability.
1.6.3.3 The policy shall be endorsed and the certificate shall reflect
that the insurance afforded therein shall be primary
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insurance and any insurance or self-insurance carried by
Kitsap County on behalf of the SBHASO shall be excess and
not contributory insurance to that provided by the Contractor.
1.6.3.4 If for any reason, any material change occurs in the
coverage during the course of this contract, such changes
shall not become effective until forty-five (45) days after
Kitsap County Risk Management has received written notice
of changes.
1.6.3.5 SBHASO and Clallam, Jefferson and Kitsap Counties have
no obligation to report occurrences unless a claim is filed
with the SBHASO; and SBHASO or Clallam, Jefferson or
Kitsap Counties have no obligation to pay premiums.
1.6.4 The Contractor shall insure that every officer, director, or employee who is
authorized to act on behalf of the Contractor for the purpose of receiving
or depositing funds into program accounts or issuing financial documents,
checks or other instruments of payment for program costs shall be bonded
to provide protection against loss.
1.6.4.1 Fidelity bonding secured pursuant to this contract must have
coverage of$100,000 or the highest planned advance or
reimbursement for the program year, whichever is greater.
1.6.4.2 If requested, the Contractor will provide a copy of the
bonding instrument or a certification of the same from the
bond issuing agency.
1.6.5 Workers' Compensation and Employer Liability. The Contractor will
maintain workers' compensation insurance as required by Title 51,
Revised Code of Washington, and will provide evidence of coverage to the
Kitsap County Risk Management Division. If the contract is for over
50,000, then the Contractor will also maintain employer liability coverage
with a limit of not less than $1 million.
1.6.6 The Contractor shall have insurance coverage and limits as follows:
1.6.6.1 Comprehensive Liability
Comprehensive General Liability Insurance and
Comprehensive Automobile Liability Insurance with limits of
not less than:
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COVERAGE LIMITS OF LIABILITY
Comprehensive General Liability Insurance
a. Bodily Injury Liability 2,000,000 each
occurrence
b. Property Damage Liability 2,000,000 each
occurrence
OR
c. Combined Bodily Injury/Property $4,000, 000 aggregate
Damage Liability
Comprehensive Automobile Liability Insurance
a. Bodily Injury Liability 2,000,000 each
person
2,000,000 each
occurrence
b. Property Damage Liability 2,000,000 each
occurrence
OR
c. Combined Single Limit Coverage of $4,000,000
1.6. 6. 2
The County may comply with the above by providing coverage under a
self-insured/liability pool or self-insured risk management program. The
County shall provide: (1) a description of its self-insurance program, and
2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-
insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting
standards promulgated by: 1) Governmental Accounting Standards Board
GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington state Auditor's annual instructions for financial reporting. The
County shall maintain sufficient documentation to support the aggregate
claim liability information reported on the balance sheet. Salish BH-ASO,
its agents, and employees need not be named as additional insured, as
this is prohibited by the risk pool.
1.7 Conflict of Interest
Contractor agrees to avoid organizational conflict of interest and the Contractor's
employees will avoid personal conflict of interest and the appearance of conflict
of interest in disbursing contract funds for any purpose and in the conduct of
procurement activities.
1.8 Documentation
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1.8.1 Contractor shall maintain readily accessible records and documents
sufficient to provide an audit trail needed by the SBHASO to identify the
receipt and expenditure of funds under this contract, and to keep on
record all source documents such as time and payroll records, mileage
reports, supplies and material receipts, purchased equipment receipts,
and other receipts for goods and services.
1.8.2 The Contractor is required to maintain property record cards and property
identification tabs as may be directed by SBHASO codes and changes
thereto. This applies only to property purchased from funds under this
contract specifically designated for such purchases. Ownership of
equipment purchased with funds under this contract so designated for
purchase shall rest in the SBHASO and such equipment shall be so
identified.
1.8. 3 The Contractor shall provide a detailed record of all sources of income for
any programs it operates pursuant to this contract, including state grants,
fees, donations, federal funds and others for funds outlined in appropriate
addenda. Expenditure of all funds payable under this contract must be in
accordance with the approved Statement of Work.
1.8.4 The SBHASO shall have the right to review the financial and service
components of the program as established by the Contractor by whatever
means are deemed expedient by the SBHASO, or their respective
delegates. Such review may include, but is not limited to, with reasonable
notice, on-site inspection by SBHASO agents or employees, inspection of
all records or other materials which the SBHASO deems pertinent to this
contract and its performance, except those deemed confidential by law.
1.8.5 All property and patent rights, including publication rights, and other
documentation, including machine-readable media, produced by the
Contractor in connection with the work provided for under this contract
shall vest in the SBHASO. The Contractor shall not publish any of the
results of this contract work without the advance written permission of the
SBHASO. Such material will be delivered to the SBHASO upon request.
SECTION 2. RELATIONSHIP OF THE PARTIES
2.1 The parties intend that an independent contractor relationship will be
created by this contract, and the conduct and control of the services will lie
solely with the Contractor. No official, officer, agent, employee, or servant
of the Contractor shall be, or deemed to be, an official, officer, employee,
servant, or otherwise of the SBHASO for any purpose; and the employees
of the Contractor are not entitled to any of the benefits the SBHASO
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provides for SBHASO employees. It is understood that the SBHASO does
not agree to use Contractor exclusively. Contractor will be solely and
entirely responsible for its acts and for the acts of its officials, officers,
agents, employees, servants, subcontractors, or otherwise during the
performance of this agreement.
2. 2 In the performance of the services herein contemplated, Contractor is an
independent contractor with the authority to control and direct the
performance of the details of the work, SBHASO being interested only in
the results obtained. However, the work contemplated herein must meet
the approval of the SBHASO and shall be subject to SBHASO's general
right of inspection and supervision to secure the satisfactory completion
thereof.
2.3 In the event that any of the Contractor's officials, officers, employees,
agents, servants or otherwise, carry on activities or conduct themselves in
any manner which may either jeopardize the funding of this agreement or
indicate said officials, officers, employees, agents or servants are unfit to
provide those services as set forth within, the Contractor shall be
responsible for taking adequate measures to prevent said official, officer,
employee, agent or servant from performing or providing any of the
services as called for within.
SECTION 3. MODIFICATION
3.1 No change, addition or erasure of any portion of this agreement shall be valid or
binding upon either party. There shall be no modification of this agreement,
except in writing, executed with the same formalities as this present instrument.
Either party may request that the contract terms be renegotiated when
circumstances, which were neither foreseen nor reasonably foreseeable by the
parties at the time of contracting, arise during the period of performance of this
contract. Such circumstances must have a substantial and material impact upon
the performance projected under this contract and must be outside of the control
of either party.
SECTION 4. TERMINATION
4.1 Failure to Perform
This contract may be terminated, in whole, or in part, without limiting remedies,
by either party to this contract if the other party materially fails to perform in
accordance with the terms of this contract. In this event, the aggrieved party
shall deliver ten (10) working days advance written notification to the other party
specifying the performance failure and the intent to terminate.
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4.2 Without Cause
Either party to this contract may elect to terminate this contract without cause by
delivering a ninety (90) day written notice of intent to terminate to the other party.
4.3 Funding
The SBHASO may unilaterally terminate or negotiate modification of this contract
at any time if its federal, or state grants are suspended, reduced, or terminated
before or during this contract period, or if federal or state grant terms and
regulations change significantly.
In the event of early contract termination initiated by either party for whatever
reason, the Contractor is only entitled to costs incurred prior to the time of
contract termination.
SECTION 5. LEGAL REMEDIES
5.1 Nothing in this contract shall be construed to limit either party's legal remedies
including, but not limited to, the right to sue for damages or specific performance
should either party materially violate any of the terms of this contract. Failure to
act on any default shall not constitute waiver of rights on such default or on any
subsequent default.
SECTION 6. VENUE AND CHOICE OF LAW
6.1 Any action at law, suit in equity, or other judicial proceeding for the enforcement
of this contract or any provision thereof shall be instituted only in the courts of the
State of Washington, County of Kitsap. It is mutually understood and agreed that
this contract shall be governed by the laws of the State of Washington, both as to
its interpretation and performance.
SECTION 7. WAIVER
7.1 No official, officer, employee, or agent of SBHASO has the power, right, or
authority to waive any of the conditions or provisions of this contract. No waiver
of any breach of this agreement shall be held to be a waiver of any other or
subsequent breach. All remedies afforded in this agreement or at law shall be
taken and construed as cumulative, that is, in addition to every other remedy
provided herein or by law. The failure of the SBHASO to enforce at any time any
of the provisions of this contract, or to require at any time performance by
Contractor of any provisions hereof, shall in no way be construed to be a waiver
of such provisions, or in any way affect the validity of this contract or any part,
hereof, or the right of SBHASO to thereafter enforce each and every provision.
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SECTION 8. NOTICES
8.1 All notices called for or provided for in this contract shall be in writing and must
be served on the party either personally or by certified mail and shall be deemed
served when deposited in the United States mail. Such notice shall be made to:
Rebecca Marriot Jolene Kron, Administrator
Superior Court Administrator Kitsap County Human Services
P.O. Box 1220 614 Division St., MS-23
Port Orchard, WA 98366-4676
Port Townsend, WA 98368
SECTION 9. PAYMENTS
9.1 All payments to be made by Kitsap County, on behalf of the SBHASO, under this
agreement shall be made to: Jefferson County Superior Court, City of Port
Townsend, County of Jefferson, State of Washington.
9.2 This contract shall not exceed the amount set forth in the contract
compensation/rate sheet, Attachment C. Contractor agrees to participate in and
be bound by determinations arising out of the SBHASO's disallowed cost
resolution process.
SECTION 10. DURATION
10.1 The Contractor is authorized to commence January 1, 2026, providing services
pursuant to this contract. This agreement shall terminate on December 31, 2026,
unless terminated sooner as provided herein.
SECTION 11. WHOLE AGREEMENT
11.1 This instrument embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein;
and this contract shall supersede all previous communications, representations,
or agreements, either verbal or written, between parties.
SECTION 12. SEVERABILITY
12.1 It is understood and agreed by the parties that if any part, term, or provision of
this contract is held by the courts to be illegal or in conflict with any law of the
state where made, the validity of the remaining portions or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and
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enforced as if this contract did not contain the particular part, term, or provision
held to be invalid.
SECTION 13. ATTACHMENTS.
13.1 The parties acknowledge that the following attachments, which are attached to
this Contract, are expressly incorporated by this reference:
Attachment A— Special Terms and Conditions
Attachment B — Statement of Work
Attachment C — Budget/Rate Sheet
Attachment D — Business Associate Agreement
Attachment E — Data Security and Confidentiality
Attachment F — Certification Regarding Lobbying
Attachment G — Debarment Certification
13.2 The rights and obligations of the parties shall be subject to, and governed by, the
terms and conditions contained herein and by the Statement of Work, General
Agreement, Special Terms and Conditions, Business Associate Agreement and
the Budget. In the event of any inconsistency in this notification of contract,
including the items incorporated herein by reference, the inconsistency shall be
resolved by giving precedence in the following order: (1) General Agreement; (2)
Special Terms and Conditions; (3) Statement of Work; (4) Budget/Rate Sheet.
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ATTACHMENT A: SPECIAL TERMS AND CONDITIONS
PROGRAM REQUIREMENTS
1. General
1.1 Contractor shall adhere to established SBHASO protocols for
determining eligibility for services consistent with this contract.
1.2 Contractor shall participate in training when requested by SBHASO
on behalf of the HCA. Exceptions must be in writing and include a
plan for how the required information shall be provided to them.
1.3 Contractor shall not differentiate or discriminate in providing
services to clients because of race, color, religion, national origin,
ancestry, age, marital status, gender identity, sexual orientation,
physical, sensory or mental handicap, socioeconomic status, or
participation in publicly financed programs of health care services,
or any other basis prohibited by law. Contractor shall render
services to clients in the same location, in the same manner, in
accordance with the same standards, and within the same time
availability regardless of payor.
1.4 Contract shall provide Individuals with access to translated
information and interpreter services as described in the Materials
and Information Section of this Contract.
1.5 Contractor agrees to comply with the appointment wait time
standards of this Contract. SBHASO shall monitor for timely
access and require corrective action if Contractor fails to comply
with appointment wait time standards.
1.6 Contractor shall respond in a full and timely manner to law
enforcement inquiries regarding an individual's eligibility to possess
a firearm under RCW 9.41.040(2)(C)( iv).
1.6.1 Contractor shall report new commitment data within twenty-
four (24) hours.
2. Materials and Information Requirements
2.1 Media Materials and Publications
2.1. 1 Media materials and publications developed with state funds
shall be submitted to the SBHASO for written approval prior
to publication. HCA must be cited as the funding source in
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news releases, publications, and advertising messages
created with or about HCA funding. The funding source shall
be cited as: The Washington State Health Care Authority.
The HCA logo may also be used in place of the above
citation.
2.1.2 Materials described in subsection 2.1.1 but not paid for by
funds provided under this Contract must be submitted to
SBHASO for prior approval.
2.1.3 The Contractor is encouraged to submit the following items
to SBHASO for approval:
2.1.3.1 News coverage resulting from interviews with
reporters including online news coverage;
2.1.3.2 Pre-scheduled posts on electronic / social
media sites;
2.1.3.3 When a statewide media message developed
by HCA is localized; and
2.1.3.4 When SAMHSA-sponsored media campaign
are localized
2.2 Information Requirements for Individuals
2.2.1 Upon an Individual's request, the Contractor shall provide all
relevant licensure, certification and accreditation status and
information.
2.3 Equal Access for Individuals with Communication Barriers
2.3.1 The Contractor shall assure equal access for all Individuals when
oral or written language creates a barrier to such access.
2.3.1.1 Oral information
2.3.1.1. 1 Contractor shall assure interpreter services are
provided free of charge for Individuals with a
preferred language other than English. This
includes the provision of interpreters for
Individuals who are Deaf, DeafBlind, or Hard of
Hearing. This includes oral interpretation Sign
Language (SL), and the use of Auxiliary Aids
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and Services as defined in the Contract (42
C.F.R §438.10(d)(4)). Interpreter services shall
be provided for all interactions between such
Individuals and the Contractor including, but
not limited to:
2.3.1.1. 1. 1 Customer Service
2.3.1.1.1.2 All appointments for any covered
service; and
2.3.1.1.1.3 All steps necessary to file Grievances
and Appeals.
2.3.1.2 Written information
2.3.1.2.1 Contractor shall provide all generally available and
Individual specific written materials in a language and
format which may be understood by each Individual
in each of the prevalent languages that are spoken by
5 percent or more of the population.
2.3.1.2.1.1 For individuals whose preferred language
has not been translated as required in this
Section, the Contractor may meet the
requirement of this Section by doing any
one of the following:
2. 3.1.2.1.1. 1 Translating the material into the
Individual's preferred reading
language;
2.3.1.2.1.1.2 Providing the material in an audio
format in the Individual's preferred
language;
2. 3.1.2.1. 1.3 Having an interpreter read the
material to the Individual in the
Individual's preferred language;
2.3.1.2.1. 1.4 Providing the material in another
alternative medium or format
acceptable to the Individual. The
Contactor shall document the
Individual's acceptance of the material
in an alternative medium or format; or
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2.3.1.2.1.1.5 Providing the material in English, if
the Contractor documents the
Individual's preference for receiving
material in English.
2. 3.1.2.1. 1.6 Providing the material in English, if
the Contractor documents the
Individual's preference for receiving
material in English.
2.3.1.3 The Contractor shall ensure that all written information
provided to Individuals is accurate, is not misleading, is
comprehensible to its intended audience, is designed to
provide the greatest degree of understanding, is written at
the sixth grade reading level, and fulfills other requirements
of the Contract as may applicable to the materials.
2.3.1.4 HCA may make exceptions to the sixth grade reading level
when, in the sole judgment of HCA, the nature of the
materials does not allow for a sixth grade reading level or the
Individual's needs are better served by allowing a higher
reading level. HCA approval of exceptions to the sixth grade
reading level must be in writing.
2.3.1.5 Educational materials about topics or other information used
by the Contractor for health promotion efforts must be
submitted to HCA, but do not require HCA approval as long
as they do not specifically mention the Contracted Services.
3. Quality Improvement
3.1 Contractors receiving GFS or FBG funds shall cooperate with SBHASO or
HCA-sponsored Quality Improvement (QI) activities.
3.2 Contractor shall adequately document services provided to Individuals for
all delegated activities including QI, Utilization Management, and
Individual Rights and Protections.
3.4 Contractor shall implement a Grievance process that complies with WAC
182-538C-110.
3.5 Contractor shall make information available to Individuals regarding their
right to a Grievance or Appeal in the case of:
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3.5.1 Denial or termination of service related to medical necessity
determinations
3.5.2 Failure to act upon a request for services with reasonable
promptness.
3.5.3 Termination of this Contract shall not be grounds for an appeal,
Administrative Hearing, or a Grievance for the Individual if similar
services are immediately available in the service area.
3.6 Contractor shall comply with Chapter 71.32 RCW (Mental Health Advance
Directives)
3.7 Contractor shall use the Integrated Co-Occurring Disorder Screen Tool
GAIN-SS found at https://www.hca.wa.govbillers-providers-
partners/behavioral-health-recovery/qain-ss). Contractor shall provide
training for staff that will be using the tool(s) to address the screening and
assessment process, the tool and quadrant placement. This process is
subject to Corrective Action if not implemented and maintained throughout
the period of contract performance.
3.8 Contractor shall report Critical Incidents involving individuals receiving
SBHASO funded services in accordance with SBHASO Critical Incident
Reporting Policy and Procedure.
4. Program Integrity
4.1 Contractor shall have and comply with policies and procedures that
guide its officers, employees and agents to comply with Program
Integrity requirements.
4.2 Contractor shall investigate and disclose to HCA immediately upon
becoming aware of any person in their employment who has been
convicted of a criminal offense related to that person's involvement
under Medicare, Medicaid, or Title XX of the Social Security Act
since the inception of those programs.
4.3 Contractor shall have a Fraud, Waste and Abuse program which
includes:
4.3.1 A process to inform officers, employees, agents and
subcontractors about the False Claims Act.
4.3.2 Administrative procedures to detect and prevent
Fraud, waste and abuse, and a mandatory
compliance plan.
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4.3. 3 Standards of conduct that articulate the Contractor's
commitment to comply with all applicable federal and
state standards.
4.3.4 The designation of a compliance officer and
compliance committee that is accountable to senior
management.
4.3. 5 Training for all affected parties.
4.3. 6 Effective lines of communication between the
compliance officer and the Contractor's staff.
4.3.7 Enforcement of standards through well-publicized
disciplinary policies.
4.3.8 Provision for internal monitoring and auditing.
4.3.9 Provision for prompt response to detected violations,
and for development of corrective action initiatives.
4.3.10 Provision of detailed information to employees
regarding Fraud and abuse policies and procedures
and the False Claims Act and the Washington false
claims statutes, chapter 74.66 RCW, and RCW
74.09.210.
4.4 Contractor shall subrogate, to the state of Washington for all
criminal, civil and administrative action recoveries undertaken by
any government entity, including, but not limited to, all claims the
Contractor has or may have against any entity or individual that
directly or indirectly receives funds under this Contract.
4.4.1 For the purpose of this section, "subrogation" means
the right of any state of Washington government entity
or local law enforcement to stand in the place of a
Contractor or Individual in the collection against a
third party.
4.5 Contractor shall conduct criminal background checks and maintain
related policies and procedures and personnel files consistent with
the requirements in Chapter 43.43 RCW and Chapter 246-341
WAC.
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4.6 Contractor shall participate in the SBHASO Credentialing and
Recredentialing process as indicated by SBHASO Policies and
Procedures.
4.6.1 Contractor credentialing files are confidential and are
scanned into a secure imaging system. This
document retrieval system is protected by user ID and
password to prevent unauthorized access. These files
are protected from discovery and may not be
reproduced or distributed, except for confidential peer
review and credentialing purposes consistent with
state laws.
4.6.2 When the SBHASO has reached a credentialing
decision, the Contractor will be notified in writing,
within 60 calendar days of the decision date. The
credentialing determination notification will specify the
range of actions that may be taken by the Contractor,
including the appeal process.
4.6.3 The Contractor has the right to:
4.6.3.1 Review information submitted to support
their credentialing application.
4.6. 3.2 Correct erroneous information.
4.6.3.3 Receive the status of their credentialing
or recredentialing application, upon
request.
4.6.3.4 Appeal the credentialing decision to the
Credentialing Committee in writing
within 60 days from the date the
decision is communicated. Any appeals
will be reviewed by the Credentialing
Committee; a determination will be
made within 30 calendar days of receipt
and written notice will be sent. There
will be no subsequent appeal to this final
decision.
4.6. 4 If Contractor loses their accreditation, licenses, or any
other essential credentialing requirements (e.g.
Liability Insurance) prior to the re-credentialing period,
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they must notify the SBHASO in writing within 15
calendar days.
4.6. 5 Re-Credentialing: Contractor re-credentialing is
performed at minimum every 36 months or as
indicated by SBHASO.
4.7 Contractor shall complete monthly Exclusion Checks for all
employees, volunteers, and all individuals identified on the
Disclosure of Ownership Form to include:
4.7.1 Office of Inspector General
https://exclusions.oig.hhs.gov/
4.7. 2 System for Award Management—
https://www.sam.gov/SAM/pages/public/searchRecor
ds/search.jsf
4.7.3 Washington State — https://www.hca.wa.gov/billers-
providers-partners/apple-health-medicaid-
providers/provider-termination-and-exclusion-list
HCA Medicaid and DSHS social services list.
4.8 Contractor shall submit an attestation of completion of all Exclusion
checks to SBHASO by the last business day of the month.
4.9 Information about Individuals, including their medical records, shall
be kept confidential in a manner consistent with state and federal
laws and Regulations.
4.10 SBHASO may pursue contract termination as outlined in General
Terms and Conditions, Failure to Perform, if Contractor becomes
excluded from participation in the Medicaid program.
5. Care Coordination and Priority Populations
5.1 Contractor shall provide discharge planning services which shall, at
a minimum,
5.1.1 Coordinate a community-based discharge plan for each
Individual served under this Contract, beginning at intake.
Discharge planning shall apply to all Individuals regardless
of length of stay or whether they complete treatment.
5.1.2 Coordinate exchange of assessment, admission, treatment
progress, and continuing care information with the referring
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entity. Contact with the referral agency shall be made within
the first week of residential treatment.
5.1.3 Establish referral relationships with assessment entities,
outpatient providers, vocational or employment services, and
courts which specify aftercare expectations and services,
including procedure for involvement of entities making
referrals in treatment activities.
5.1.4 Coordinate, as needed, with DBHR prevention services,
vocational services, housing services and supports, and
other community resources and services that may be
appropriate, including the DCYF, and the DSHS Economic
Services Administration including Community Service
Offices (CSOs), Tribal governments and non-Tribal Indian
Healthcare Providers.
5.2 Contractor shall develop and implement processes to enable
information and data sharing to support Care Coordination,
consistent with this Contract.
5.3 Priority admission to residential treatment must be given to the
priority populations identified in this contract.
5.4 Contractor shall coordinate services to financially eligible
individuals who are in need of medical services.
6. Health Information Systems
Contractor shall establish and maintain a health information system that
complies with the requirements of OCIO Security Standard 141.10, and
the Data, Security and Confidentiality Exhibit, and provides the information
necessary to meet Contractor's obligations under this Contract. OCIO
Security Standards are available at: https://ocio.wa.gov.
7. Records Retention
Records retention during the term of this Contract is for ten (10) years
following termination or expiration of this Contract, or if any audit, claim,
litigation, or other legal action involving the records is started before
expiration of the ten (10) year period. The records shall be retained until
completion and resolution of all issues arise there from or until the end of
the ten (10) year period, whichever is later.
8. Public Records
All records required to be maintained by this Contract or by state law,
except medical, treatment and personnel records, shall be considered to
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be public records and maintained in accordance with applicable laws.
Medical and treatment records shall be confidential and shall not be
published or open to public inspection except that such records may be
inspected by the Director of the Health Care Authority, or designee; and
Contract Administrator for the purpose of program review, monitoring and
comparative cost studies.
9. Business Continuity and Disaster Recovery
9.1 Contractor shall have a primary and back-up solution for the electronic
submission of the data requested by SBHASO. The solution shall utilize
the Washington Technology Services — MFT portal. In the event this
method of transmission is unavailable and immediate data transmission is
necessary, an alternate method of encrypted submission will be
considered based on SBHASO approval.
9.2 The Contractor shall create and maintain a business continuity and
disaster recovery plan that ensures timely reinstitution of the Individual
information system following total loss of the primary system or a
substantial loss of functionality. The plan shall include the following:
9.2.1 A mission or scope statement.
9.2.2 Information services disaster recovery person(s).
9.2.3 Provisions for back up of key personnel, emergency procedures,
and emergency telephone numbers.
9.2.4 Procedures for effective communication, applications inventory and
business recovery priorities, and hardware and software vendor
lists.
9.2.5 Documentation of updated system and operations and a process
for frequent back up of systems and data.
9.2.6 Off-site storage of system and data backups and the ability to
recover data and systems from back-up files.
9. 2. 7 Designated recovery options.
9. 2.8 Evidence that disaster recovery tests or drills have been performed.
9.3 Contractor must submit an annual certification statement indicating there
is a business continuity disaster plan in place. The certification must
indicate the plan is up to date, the system and data backup and recovery
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procedures have been tested, and copies of the Contractor plans are
available for SBHASO and HCA to review and audit.
10. FISCAL REQUIREMENTS AND MONITORING
10.1 Withhold of Payment
10.1.1 Failure of the Contractor to comply with the terms of this Contract
shall give the SBHASO the right to withhold payment of any further
funds under this Contract
10.2 Reimbursement
10.2.1 In the event that it is determined that any funds were distributed
under color of this contract, which violate the terms and conditions
herein, such sums shall be reimbursed to the SBHASO upon
written demand. Neither payment of any funds under color of this
contract, nor any action of the SBHASO or its officials, officers,
agents or employees, prior to the discovery of the violation, shall
constitute a waiver thereof.
10.3 Right to Hearing
10.3.1 All notices shall be given in writing specifying the reasons for such
demands, reimbursement, termination, or amendment or such other
actions contemplated in this Contract and the Contractor shall have
the right to a hearing within ten (10) days from such determination
before the SBHASO Executive Board for determination of the
action and prior to commencement of any civil litigation, by the
Contractor.
10.4 Monitoring
10.4.1 SBHASO conducts on-going monitoring of Contractor's
performance under this Contract. If deficiencies are identified in
Contractor's performance, SBHASO will follow the Corrective
Action process defined in Section G. In addition to on-going
monitoring:
10.4.1.1 SBHASO shall conduct Contractor review which shall
include at least one (1) onsite visit every three (3)
years to each contractor site providing state funded or
FBG funded treatment services during the period of
performance of this contract in order to monitor and
document compliance with requirements.
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10.4.1.2 SBHASO shall ensure that Contractor has complied
with data submission requirements established by
HCA for all services funded under the Contract.
10.4.1.3 SBHASO shall ensure that Contractor updates patient
funding information when the funding source
changes.
10.4.1.4 SBHASO requires Contractor to identify funding
sources consistent with the Payments and Sanctions
Section of this Contract, FBG reporting requirements,
and the rules for payer responsibility found in the
table, "How do providers identify the correct payer"
within the Apple Health Mental Health Services Billing
Guide" which is available on the Health Care
Authority's website (https://www.hca.wa.gov)
10. 4.1.5 SBHASO shall maintain written or electronic records
of all Contractor monitoring activities and make them
available to HCA upon request.
11. Payment and Sanctions
11.1 The funds under this contract are dependent upon SBHASO's
receipt of continued state and federal funding. If SBHASO does not
receive continued state and federal funding, SBHASO may
terminate this Contract in accordance with this Contract's General
Terms and Conditions.
11.2 SBHASO will not reimburse the Contractor for any amount that
exceeds the budget.
11.3 For all services, the Contractor must determine whether the
Individual receiving services is eligible for Medicaid or has other
insurance coverage.
11.3.1 For Individuals eligible for Medicaid or other insurance, the
Contractor must submit the claim for services to the
appropriate party within twelve months from the calendar
month in which the services were provided to the eligible
individual.
11.3.2 If the claim was incorrectly billed Contractor has an
additional year to correct the claim WAC 182-502- 0150.
11.3.3 For those Individuals who are not eligible for Medicaid
coverage, or are unable to pay co-pays or deductibles, the
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Contractor may offer a sliding fee schedule in accordance
with this Contract.
11.3.4 Both GFS and FBG funds may be used to spenddown
qualifying medical expenses incurred such as but not limited
to, voluntary and involuntary inpatient, crisis stabilization and
crisis residential stays. Qualified expenses paid by SBHASO
shall be used to reduce an Individual's spenddown liability.
11.4 For FBG services, the Contractor shall comply with the utilization
funding agreement within the State's most recent FBG plan. The
Contractor agrees to comply with Title V, Section 1911-1935 and
1941-1957 of the Public Health Services Act (42 U.S.C. §§300x-1 —
300x-9; 300x-21 — 300x-35; 300x-51 — 300x-67, as amended). The
Contractor shall not use FBG funds for the following:
11.4.1 Construction and/or renovation.
11.4.2 Capital assets or the accumulation of operating reserve
accounts.
11.4.3 Equipment costs over $5,000.
11.4.4 Cash payments to Individuals.
11.5 Non-Compliance
11.5.1 Failure to Maintain Reporting Requirements — In the event
the Contractor fails to maintain its reporting obligations under
this Contract, SBHASO reserves the right to withhold
reimbursements to the Contractor until the obligations are
met.
11.5.2 Recovery of Costs Claimed in Error— If SBHASO
reimburses the Contractor for expenditures under this
Contract which SBHASO later finds were claimed in error or
were not allowable costs under the terms of this Contract,
SBHASO shall recover those costs and the Contractor shall
fully cooperate with the recovery.
11.5.3 Additional Renumeration Prohibited
11.5.3.1 The Contractor shall not charge or accept
additional fees from any Individual, relative, or
any other person, for FBG services provided
under this Contract other than those
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specifically authorized by SBHASO and HCA.
In the event the Contractor charges or accepts
prohibited fees, SBHASO shall have the right
to assert a claim against the Contractor on
behalf of the Individual, per chapter 74.09
RCW. Any violation of this provision shall be
deemed a material breach of this Contract.
11.5.3.2 The Contractor must reduce the amount
invoiced to SBHASO by any sliding fee
schedule amounts collected from Individuals in
accordance with this contract
11.6 Sanctions
11.6.1 If the Contractor fails to meet one or more of its obligations under
the terms of this Contract or other applicable law, HCA may:
11.6.1.1 Immediate remedial action if it is determined that any
of the following situations exist:
11.6.1.1. 1 The Contractor has failed to perform any of the
Contracted Services.
11.6.1.1.2 The Contractor has failed to develop, produce,
and/or deliver to SBHASO any of the
statements, reports, data, data corrections,
accountings, claims, and/or documentation
described in this Contract.
11.6.1.1.3 The Contractor has failed to perform any
Administrative Function required under this
Contract.
11.6.1.1.4 The Contractor has failed to implement
corrective action required by SBHASO and
within SBHASO prescribed timeframes.
12. Audit Requirements
12.1 Contractor shall comply with all applicable required audits including
authority to conduct a facility inspection, and the federal Office of Management
and Budget (OMB) Super Circular 2 C.F.R. 200.501 and 45 C.F.R 75.501 audits.
12.1. 1 If Contractor is subject to OMB Super Circular audit, the SBHASO
shall require a copy of the completed Single Audit and ensure
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corrective action is taken for any audit finding, per OMB Super
Circular requirements
12.1.2 If Contractor is not subject to OMB Super Circular audit, the
SBHASO shall perform Contractor monitoring in compliance with
federal requirements.
13. Federal Block Grant
13.1 FBG funds may not be used to pay for services provided prior to the
execution of Contract, or to pay in advance of service delivery. Contract
and amendments must be in writing and executed by both parties prior to
any services being provided.
13.2 FBG fee-for-service, set rate, performance-based, Cost Reimbursement,
and lump sum Contracts shall be based on reasonable costs.
13.3 Contractor must receive an independent audit if the Contractor expends a
total of$1,000,000 or more in federal awards from any and/or all sources
in any state fiscal year. Contractor shall submit to the SBHASO the data
collection form and reporting package specified in 2 C.F.R. Part 200,
Subpart F, reports required by the program-specific audit guide (if
applicable), and a copy of any management letters issued by the auditor
within ten (10) days of audit reports being competed and received by
Contractor. SBHASO shall follow up with any corrective actions for
Contractor audit findings in accordance with 2 D.F.R. Part 200, Subpart F.
SBHASO shall retain documentation of all Contractor monitoring activities;
and, upon request by HCA, shall immediately make all audits and/or
monitoring documentation available to the HCA.
13.4 SBHASO shall conduct and/or make arrangements for an annual fiscal
review of each Contractor receiving FBG funds, regardless of
reimbursement methodology (i.e.: fee-for-service, set rate, performance-
based or cost reimbursement contracts), and shall provide HCA with
documentation of these annual fiscal reviews upon request. The annual
fiscal review shall ensure that:
13.4.1 Expenditures are accounted for by revenue source.
13.4.2 No expenditures were made for items identified in the Payment and
Sanctions Section of this Contract.
13.4.3 Expenditures are made only for the purposed stated in this
Contract, and for services that were actually provided.
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13.5 Contractor shall participate in the peer review process when requested by
the HCA. (42 U.S.C. 300x-53(a) and 45 C.F.R. 96.136). The MHBG and
SABG requires an annual peer review by individuals with expertise in the
field of drug abuse treatment (for SABG) and individuals with expertise in
the field of mental health treatment (for MHBG). At least five percent (5%)
of treatment providers will be reviewed.
13.6 FBG funds may not be used, directly or indirectly, to purchase, prescribe,
or provide marijuana or treatment using marijuana. Treatment in this
context includes the treatment of opioid use disorder. FBG funds also
cannot be provided to any individual or organization that permits
marijuana use for the purposes of treating substance use or mental
disorders. See, e.g., 45 C.F.R. § 75.300(a), 21 U.S.C. §§ 812(c)(10) and
841 (prohibiting the possession, manufacture, sale, purchase or
distribution of marijuana). This prohibition does not apply to those
providing such treatment in the context of clinical research permitted by
the DEA and under the Federal Drug Administration (FDA)-approved
investigational new drug application where the article being evaluated is
marijuana or a constituent thereof that is otherwise a banned substance
under federal law.
14. Suspension, Debarment and Lobbying
The Contractor shall certify, on a separate form (Attachment G), that it is
not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any
Federal department or agency. Contractor shall actively monitor its
employees for excluded status in accordance with SBHASO Policies and
Procedures. The Contractor, on a separate form (Attachment F), will
certify that it does not use Federal funds for lobbying purposes.
15. Data Reporting Requirements
15.1 Contractor shall submit complete and accurate reports and data under the
Contract, including encounter data that complies with data reporting
requirements promulgated by the Health Care Authority (HCA), including
the Service Encounter Reporting Instructions (SERI) and the SBHASO
Data Dictionary, HCA Encounter Data Reporting Guide (EDRG), and the
Behavioral Health Supplemental Transactions that complies with the
Behavioral Health Data Storage Guide.
15.2 Contractor shall provide data to the SBHASO as needed for performance
improvement or other projects.
15.3 Data shall be uploaded into the SBHASO data system within thirty (30)
calendar days from the date of service or event.
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16. Billing Procedures
16.1 The Contractor shall be paid within the limits established within
Attachment C: Budget/Rate Sheet. Any costs incurred by the Contractor
over and above the total sums set out in Attachment C: Budget/Rate
Sheet, shall be at the Contractor's sole risk and expense.
16.2 The Contractor shall submit invoices for payment no later than 30
calendar days following the end of month that service was provided.
Invoices for psychiatric inpatient treatment may be submitted within 90
calendar days following the end of month of discharge.
16.3 The SBHASO shall pay the Contractor monthly for services identified in
the Statement of Work of this Contract, subject to the availability of funds
from the Health Care Authority and Contractor's compliance with this
Contract. To be compliant with payment standards SBHASO shall pay or
deny, 95 percent of clean claims and encounters within thirty (30) calendar
days of receipt of the invoice from the Contractor, 95 percent of all claims
within sixty (60) calendar days of receipt of the invoice from the
Contractor, and 99 percent of claims within ninety (90) calendar days of
receipt of the invoice from the Contractor.
17. Faith Based Organizations (FBO)
17.1 SBHASO requires FBO to meet the requirements of 42 C.F.R. Part 54 as
follows:
17.1.1 Individuals requesting or receiving SUD services shall be provided
with a choice of SUD treatment providers.
17.1.2 The FBO shall facilitate a referral to an alternative provider within a
reasonable time frame when requested by the recipient of services.
17.1.3 The FBO shall report to the SBHASO all referrals made to
alternative providers.
17.1.4 The FBO shall provide Individuals with a notice of their rights.
17.1.5 The FBO shall provide Individuals with a summary of services that
includes any religious activities.
17.1.6 Funds received from the FBO must be segregated in a manner
consistent with federal Regulations.
17.1.7 No funds may be expended for religious activities.
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18. Indemnification
Contractor agrees to hold harmless HCA and its employees, and all Individuals
served under the terms of this Contract in the event of non-payment by the
SBHASO. Contractor further agrees to indemnify and hold harmless HCA and its
employees against all injuries, deaths, losses, damages, losses, damages,
claims, suits, liabilities, judgments, costs and expenses which may in any manner
accrue against HCA or its employees through the intentional misconduct,
negligence, or omission of SBHASO, its agents, officers, employees or
contractors.
19. Corrective Action Process
19.1 The SBHASO conducts reviews of Contractors. During the course of any
review conducted, if performance is below Contract standards, the
SBHASO will request that the Contractor provide a Corrective Action Plan.
SBHASO will work with Contractor staff in creating Corrective Action
Plans, when requested.
19.2 If the Contract Administrator finds indications of ongoing potential non-
compliance during the contract monitoring processes or learns that the
Contractor, or its subcontractors, are out of compliance with any of the
terms or conditions of this Contract, the follow process will be pursued.
19.2.1 Informal Meeting
Informal process wherein the Administrator alerts the appropriate
Contractor's staff of the potential non-compliance and an agreeable
solution is reached.
19.2. 2 Official Verbal Notification
If the informal meeting does not result in resolution, the SBHSO will
contact the Contractor for the purpose of official verbal notification
of possible non-compliance to establish a date when
representatives of the SBHASO and the Contractor shall meet and
discuss areas of contention and attempt to resolve the issues.
19.2. 3 Written Summary
Within five (5) working days of such verbal notification, the
SBHASO will provide the Contractor representative a written
summary of the areas of non-compliance or potential non-
compliance by certified mail. Notice shall be sent to the individual
identified in the General Agreement.
19.2.4 Discussion
Within twenty (20) days of the date of the written notification, a
discussion between SBHASO and Contractor staff shall be
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conducted to address areas of non-compliance or potential non-
compliance.
19.2.5 Withhold Payments
If the SBHASO and the Contractor cannot agree upon a resolution
within ten (10) working days of the discussion described in the
previous paragraph, the SBHASO shall withhold contract payments
related to the area(s) of non-compliance or potential non-
compliance, unless a written, time-limited extension of the period to
agree upon corrective action is issued by the SBHASO.
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Statement of Work- Criminal Justice Treatment Account (CJTA)
1. In RSAs where funding is provided, the Contractor shall be responsible for treatment and
Recovery Support Services using specific eligibility and funding requirements for CJTA
in accordance with RCW 71.24.580 and RCW 2.30.030. CJTA funds must be clearly
documented and reported in accordance with §15.1 of Attachment A: Non-Medicaid
Special Terms and Conditions.
2. The Contractor shall implement any local CJTA plans developed by the CJTA panel and
approved by HCA and/or the CJTA Panel established in 71.24.580(5)(b).
3. CJTA Funding Guidelines:
a. In accordance with RCW 2.30.040, if CJTA funds are managed by a Drug Court,
then it is required to provide a dollar-for-dollar participation match for services to
Individuals who are receiving services under the supervision of a drug court.
b. The provision of SUD treatments services and treatment support services for
non-violent offenders within a drug court program may be continued for 180
calendar days following graduation from the drug court program.
c. No more than 10 percent of the total CJTA funds can be used for the following
support services combined:
i. Transportation; and
ii. Child Care Services.
4. The contractor may not use more than 30 percent of their total annual allocation for
providing treatment services in jail.
5. Services that can be provided using CJTA funds are:
a. Brief Intervention (any level, assessment not required);
b. Acute Withdrawal Management (ASAM Level 3.2WM);
c. Sub-Acute Withdrawal Management (ASAM Level 3.2WM)
d. Outpatient Treatment (ASAM Level 1);
e. Intensive Outpatient Treatment (ASAM Level 2.1);
f. Opioid Treatment Program (ASAM Level 1);
g. Case Management (ASAM Level 1.2);
h. Intensive Inpatient Residential Treatment (ASAM Level 3.5);
i. Long-term Care Residential Treatment (ASAM Level 3.3);
j. Recovery House Residential Treatment (ASAM Level 3.1);
k. Assessment (to include Assessments done while in jail);
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I. Interim Services;
m. Community Outreach;
n. Involuntary Commitment Investigations and Treatment;
o. Room and Board (Residential Treatment Only);
p. Transportation
q. Childcare Services;
r. Urinalysis;
s. Treatment in a jail may include:
i. Engaging individuals in SUD treatment;
ii. Referral to SUD services;
iii. Administration of Medications for the treatment of SUDs, including Opioid
Use Disorder, to include the following
a. Screening for medications for SUDs;
b. Cost of medications for SUDs; and
c. Administration of medications for SUDs.
iv. Coordinating care;
v. Continuity of care; and
vi. Transition planning.
t. Employment services and job training;
u. Relapse prevention
v. Family/marriage education;
w. Peer-to-peer services, mentoring and coaching;
x. Self-help and support groups;
y. Housing support services (rent and/or deposits);
z. Life skills;
aa. Spiritual and faith-based support;
bb. Education; and
cc. Parent education and child development.
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6. The County CJTA Committee shall participate with SBHASO and with the local
legislative authority for the county to facilitate the planning requirement as described in
RCW 71.24.580(6).
7. Medications for Opioid Use Disorder in Therapeutic Courts
Per RCW 71.24.580, "If a region or county uses criminal justice treatment account funds
to support a therapeutic court, the therapeutic court must allow the use of all medications
approved by the federal food and drug administration for the treatment of opioid use
disorder as deemed medically appropriate for a participant by a medical professional. If
appropriate medication-assisted treatment resources are not available or accessible
within the jurisdiction, the Health Care Authority's designee for assistance must assist
the court with acquiring the resource."
a. The Contractor, under the provisions of this contractual agreement, will abide by
the following guidelines related to CJTA and Therapeutic Courts:
i. The Contractor must have policy and procedures in place that:
a. Allow individuals at any point in their course of treatment to be
prescribed any medication approved by the FDA for the treatment
of SUD;
b. Do not deny admission to therapeutic court programs and related
services for Individuals who are prescribed any medication
approved by the FDA for the treatment of SUD; and
c. Do not mandate titration of any medication approved by the FDA
for the treatment of SUD, as a condition of the Individuals being
admitted into the program, continuing in the program, or
graduating from the program; with the understanding that
decisions concerning medication adjustment are made solely
between the Individual and their prescribing Provider.
ii. The Contractor will coordinate with agencies that are able to provide or
facilitate the induction of any medication approved by the FDA for the
treatment of SUD.
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iii. The Contractor must notify the SBHASO if it discovers that a CJTA
funded Therapeutic program is practicing any of the following:
a) Requiring discontinuation, titration, or alteration of their medication
regimen as a precluding factor in admittance into a therapeutic
court program;
b) Requiring individuals already in the program discontinue
medication regimen in order to be in compliance with program
requirements;
c) Requiring discontinuation, titration, or alteration of their medication
regimen as a necessary component of meeting program
requirements for graduation from a therapeutic court program.
b. All decisions regarding an individual's amenability and appropriateness for
medications will be made by the individual in concert with the Individual's
prescribing Provider.
8. CJTA Quarterly Progress Report
a. The Contractor will submit a CJTA Quarterly Progress Report within thirty (30)
calendar days of the state fiscal quarter end using the reporting template. CJTA
Quarterly Progress Report must include the following program elements:
i. Number of Individuals served under CJTA funding for that time period;
ii. Barriers to providing services to the criminal justice population;
iii. Strategies to overcome the identified barriers;
iv. Training and technical assistance needs;
v. Success stories or narratives from Individuals receiving CJTA services;
and
vi. If a therapeutic court provides CJTA funded services: the number of
admissions of Individuals into the program who were either already on
medications for SUD, referred to a prescriber of medications for SUD, or
were provided information regarding medications for SUD.
b. Reporting periods: Quarter 1, July through September; Quarter 2, October
through December; Quarter 3, January through March; Quarter 4, April through
June.
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Attachment C: Budget
Contract Number: KC-046-26
Contract Period
PROGRAM/Line Item Fund Source Amount TOTAL
1/ 1/2026-
SUD/CJTA Services 12/31/2026
CJTA GFS 9,131.00 9,131.00
Program Total 9,131.00 9,131.00
CONTRACT TOTAL 9,131.00 9,131.00
Jefferson County Superior Court-CJTA
KC-046-26
ATTACHMENT D: BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement(this"Agreement") is effective as of the 1st day of January 2026,
Effective Date") by and between SALISH BEHAVIORAL HEALTH-ADMINISTRATIVE SERVICES
ORGANIZATION (SBHASO)and Jefferson County Superior Court (Contractor) (individually, a "Party" and,
collectively,the "Parties").
A. The Parties wish to enter into this Agreement to comply with the administrative simplification
section of the Health Insurance Portability and Accountability Act of 1996 and its implementing
regulations, as may be amended from time to time(collectively, "HIPAA").
B. SBHASO is a behavioral health-administrative services organization, a Business Associate of certain
upstream Covered Entities ("Upstream Covered Entities"), and a lawful holder of Part 2
Information, as defined below, as provided under the Confidentiality of Alcohol and Drug Abuse
Patient Records regulations at 42 CFR Part 2 ("Part 2"). SBHASO also formerly was a Covered Entity
and may continue to Use, Disclose,and maintain PHI from when it was a Covered Entity.
C. The Parties have entered into one or more arrangements (collectively, the "Service Contract")
under which Contractor will provide certain services to SBHASO that may involve Contractor
creating, receiving, maintaining, or transmitting PHI, as defined below, and Contractor may be
considered a Subcontractor Business Associate of SBHASO under HIPAA and a subcontractor of a
lawful holder under Part 2.
NOW,THEREFORE,in consideration of the Parties'continuing obligations under the Service Contract,their
compliance with HIPAA and Part 2,and other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged,the Parties agree to this Agreement.
I. DEFINITIONS. Except as otherwise defined in this Agreement, capitalized terms in this Agreement
shall have the definitions set forth in HIPAA. "Individual" shall have the same meaning as the term
Individual" in 45 CFR§ 160. 103 and shall include a person who qualifies as a personal representative
in accordance with 45 CFR § 164.502(g). "Part 2 Information" means alcohol abuse, drug abuse, or
substance use disorder information covered by Part 2. "PHI"shall have the same meaning as the term
Protected Health Information" that is created, received, maintained, or transmitted by Contractor
from or on behalf of SBHASO. PHI includes, without limitation, Electronic PHI, mental health
information,sexually transmitted disease information,and Part 2 Information. "PII"means personally
identifiable information as defined under Washington law.
II. PERMITTED USES AND DISCLOSURES BY CONTRACTOR.
2.1 Performance of Service Contract. Contractor may use and disclose PHI and PII to perform
functions, activities,or services for, or on behalf of,SBHASO as specified in the Service Contract
as long as the use or disclosure would not violate HIPAA, Part 2, and state and federal laws
collectively,"Law"), if done by Salish BH-ASO or an Upstream Covered Entity.
2.2 Management; Administration; Legal Responsibilities. Contractor may use PHI and PII for its
proper management and administration and to fulfill its legal responsibilities,as long as the uses
are permitted under Law for an Upstream Covered Entity, SBHASO, and Contractor.
2. 3 Required by Law. Except as otherwise limited in this Agreement, Contractor may disclose PHI
and PII as Required by Law. Contractor shall: (i) to the extent permitted by Law, immediately
notify SBHASO prior to the disclosure; (ii) cooperate with SBHASO in making any disclosures
Required by Law, including efforts to challenge or limit the disclosure; and(iii)provide a copy of
all information disclosed relating to this Agreement or the Service Contract.
1
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2.4 De-Identified Information. Contractor may not use or disclose PHI or PII to create de-identified
information or Limited Data Sets or to otherwise anonymize or aggregate PHI or PII for its own
use or disclosure,without prior, express,written approval from SBHASO.
2.5 Minimum Necessary. Contractor shall make all reasonable efforts to access, use, disclose, or
request only the minimum necessary amount of PHI or PII to accomplish the intended,permitted
purpose of the access, use, disclosure, or request. Contractor shall comply with SBHASO's
policies and procedures concerning minimum necessary requirements. The Parties shall
collaborate in determining what quantum of information constitutes the"minimum necessary"
amount for Contractor to accomplish its intended purposes.
III. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR.
3.1 Compliance with this Agreement. Notwithstanding anything to the contrary,Contractor agrees
to not use or further disclose PHI or PII other than as permitted or required by this Agreement
or as Required by Law.
3.2 Safeguards. Contractor agrees to: (i) use appropriate safeguards to prevent use or disclosure
of PHI and PII other than as provided for by this Agreement; (ii) implement the administrative,
physical, and technical safeguards of the Security Standards for the Protection of Electronic
Protected Health Information (the "Security Rule") that reasonably and appropriately protect
the confidentiality, integrity, and availability of any PHI; (iii) comply with those requirements
under the Security Rule that apply to Business Associates; and (iv) implement appropriate
safeguards to protect Part 2 Information.
3.3 Notification.
3.3.1 Impermissible Use or Disclosure. Contractor shall report to SBHASO any use or
disclosure of PHI or PII not permitted under this Agreement, regardless of whether the
use or disclosure rises to the level of a Breach.
3.3.2 Security Incident. Contractor shall report to SBHASO any Security Incident of which
Contractor becomes aware, regardless of whether the Security Incident rises to the level
of a Breach. This Agreement constitutes notification of"unsuccessful"Security Incidents
that do not present a risk to PHI or PII such as: (i) "pings" on an information system
firewall; (ii) port scans; and (iii) attempts to log on to an information system or enter a
database with an invalid password or user name.
3.3. 3 Breach Notification. Contractor shall report any Breach of Unsecured PHI, as required
by the Notification of a Breach of Unsecured Protected Health Information Standards
the"Breach Notification Rule").
3.3.4 Part 2 Information. Contractor shall report to SBHASO unauthorized uses, disclosures,
or breaches of Part 2 Information.
3.3. 5 Reporting Requirements. Contractor shall make the report as soon as practical and in
any event within five (5) business days of Contractor's discovery of one of the events
described in Sections 3.3.1, 3.3. 2, 3.3.3, and 3.3.4 (each, an "Event"). Contractor shall
supplement the information provided in the report as it becomes available. An Event
shall be treated as discovered by Contractor as of the first day on which the Event is
known to Contractor or,through the exercise of reasonable diligence,would have been
known to Contractor.
3.3.6 Content of Notification. Contractor shall provide: (i) information as required by the
Breach Notification Rule and to fully inform SBHASO of each Event;and(ii)any additional
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information requested by SBHASO. At a minimum,the report of an Event shall include,
to the extent possible:
a) The identification of each Individual whose PHI or PII has been, or is reasonably
believed by Contractor to have been, accessed, acquired, used, or disclosed during
or as a result of the Event;
b) A brief description of what happened, including the date of the Event and the date
of discovery of the Event;
c) A description of the types of PHI or PII involved in the Event (such as whether full
name, Social Security number, date of birth, home address, account number,
diagnosis, disability code, or other types of information were involved);
d) Any steps Individuals should take to protect themselves from potential harm
resulting from the Event;
e) A brief description of what Contractor is doing to investigate the Event, to mitigate
harm to Individuals, and to protect against any further Events; and
f) Contact procedures for SBHASO or Individuals to ask questions or learn additional
information, which shall include a toll-free telephone number, an e-mail address,
Web site, or postal address.
3.4 Subcontractors. Contractor shall ensure any Subcontractor whom Contractor permits to create,
receive, maintain,or transmit PHI or PII on behalf of Contractor or SBHASO,agrees in writing: (i)
to the same restrictions and conditions that apply through this Agreement to Contractor; and
ii) to comply with the requirements of the Security Rule that apply to Business Associates.
Contractor shall not permit a Subcontractor to create, receive, maintain, or transmit PHI or P11
unless Contractor has performed adequate due diligence on the Subcontractor and found
Subcontractor's safeguards appropriate.
3.5 Restrictions. Contractor agrees to comply with any requests for restrictions on certain uses and
disclosures of PHI or P11 of which SBHASO informs Contractor.
3.6 Access. At the request of SBHASO, within ten (10) business days, unless a shorter time period
is requested, in the manner, form, and format requested by SBHASO, Contractor shall make
available PHI and PII so that SBHASO or an Upstream Covered Entity may respond to an
Individual's request for access to PHI and PII in accordance with the Standards for Privacy of
Individually Identifiable Health Information (the"Privacy Rule")and other Law. In the event an
Individual requests from Contractor access to PHI or PII,Contractor, to the extent permitted by
Law,shall forward the request to SBHASO within two (2) business days.
3.7 Amendment. At the request of SBHASO in a reasonable time and manner and in the form and
format requested by SBHASO,Contractor shall make amendments to PHI and PII so that SBHASO
or an Upstream Covered Entity may respond to an Individual's request for an amendment by
SBHASO in accordance with the Privacy Rule and other Law. In the event an Individual requests
from Contractor any amendments,to the extent permitted by Law,Contractor shall forward the
request to SBHASO within two(2) business days.
3.8 Accounting of Disclosures. Contractor shall document any disclosures that are required to be
in an accounting of disclosures under the Privacy Rule and, upon request, shall provide
information required to be included in an accounting of disclosures to SBHASO to permit
SBHASO or an Upstream Covered Entity to comply with the Privacy Rule and other Law. In the
event an Individual requests from Contractor, an accounting of disclosures, to the extent
permitted by law,Contractor shall forward the request to Salish BH-ASO within two(2) business
days.
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3.9 Disclosures to the Secretary. Contractor agrees that it will make its internal practices, books,
and records available to the Secretary of the United States Department of Health and Human
Services (the "Secretary"), for the purpose of determining an Upstream Covered Entity's,
SBHASO's or Contractor's compliance with HIPAA, and to SBHASO for the purpose of
determining Contractor's compliance with this Agreement, HIPAA, and other Law, in a time and
manner designated by the Secretary or SBHASO. Contractor: (i) immediately shall notify Salish
BH-ASO of any requests from the Secretary pertaining to an investigation of an Upstream
Covered Entity's, SBHASO's, or Contractor's compliance with HIPAA; (ii) cooperate with Salish
BH-ASO in responding to the Secretary's request; and (iii) provide to SBHASO a copy of all
documents provided to the Secretary.
3.10 Part 2 Information.
3.10.1 Part 2 Obligations of Contractor. To the extent that, in performing services for or on
behalf of SBHASO under the Service Contract, Contractor uses, discloses, maintains, or
transmits Part 2 Information, Contractor acknowledges and agrees that it: (i) is fully
bound by Part 2; (ii)with respect to Part 2 Information received by SBHASO pursuant to
an authorization or consent, will limit its use and disclosure of Part 2 Information to
Payment and Health Care Operations purposes;and(iii)if necessary,will resist in judicial
proceedings any efforts to obtain access to Part 2 Information except as permitted by
Part 2.
3.10.2 Notice. 42 CFR Part 2 prohibits unauthorized disclosure of these records.
3.10.3 Redisclosure. Contractor shall not redisclose Part 2 Information to a third party unless
the third party is a contract agent of Contractor helping Contractor provide services
under the Service Contract and only as long as the agent further discloses Part 2
Information only back to Contractor or SBHASO.
3.10.4 Compliance. Contractor acknowledges that any unauthorized disclosure of Part 2
Information may be a federal criminal offense.
3.11 Sexually Transmitted Disease Information Notice. With respect to sexually transmitted disease
information: This information has been disclosed to you (Contractor) from records whose
confidentiality is protected by state law. State law prohibits you from making any further
disclosure of it without the specific written authorization for the release of medical or other
information is NOT sufficient for this purpose.
3.12 Covered Entity Obligations. To the extent that Contractor is to carry out one or more of Covered
Entity obligations under the Privacy Rule,Contractor shall comply with the requirements of the
Privacy Rule that apply to a Covered Entity in the performance of the obligations.
3.13 On-Site Services. Contractor agrees that, while present at any SBHASO facility and/or when
accessing SBHASO's computer networks, it and all of its Workforce, agents, and Subcontractors
at all times will comply with any network access and other security practices, policies, and
procedures established by SBHASO including, without limitation,those established pursuant to
HIPAA.
3.14 No Sale of PHI. Contractor agrees that it will not directly or indirectly receive remuneration in
exchange for any PHI or PII without: (a) the written authorization of each applicable Individual,
except when expressly permitted by the Privacy Rule; and (b)the advance written permissions
of SBHASO.
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3.15 No Impermissible Marketing or Fundraising Communication. Contractor agrees that it will not
engage in Marketing or fundraising communications that would not be permitted by SBHASO or
an Upstream Covered Entity under HIPAA.
3.16 Mitigation. Contractor agrees to mitigate, to the extent practicable, any harmful effect that is
known to Contractor of a use or disclosure of PHI or PII by Contractor in breach of this
Agreement,failure to comply with applicable Law, and any Event,as defined in Section 3.3.
3.17 Compliance with Applicable Law. Contractor shall comply with applicable Law. Contractor shall
not act or fail to act in a manner that causes SBHASO to not be in compliance with applicable
Law.
IV. OBLIGATIONS OF SBHASO. SBHASO shall not request Contractor to act in a manner that is not
permissible under HIPAA.
V. TERM AND TERMINATION.
5.1 Term. The term of this Agreement shall be effective as of the Effective Date and shall terminate
upon the expiration or termination of the Service Contract.
5. 2 Termination. Upon SBHASO's knowledge of a material breach by Contractor of its obligations
under this Agreement,SBHASO may notify Contractor,and Contractor shall have thirty(30)days
from receipt of that notice to cure the breach or end the violation. Notwithstanding anything
to the contrary in the Service Contract, if Contractor fails to cure the breach or end the violation
within the designated time period, then SBHASO immediately may terminate the Service
Contract upon notice.
5.3 Effect of Termination.
5.3.1 Return or Destruction. Except as provided in 5.3. 2,upon termination of this Agreement,
Contractor,within ten (10)days, shall return or destroy all PHI and PII. Any destruction
shall be in a manner consistent with HIPAA and related guidance. This provision also
shall apply to PHI and PII that is in the possession of agents or Subcontractors of
Contractor. Neither Contractor nor its agents or Subcontractors shall retain copies of
the PHI. Upon request, Contractor shall provide a certificate of appropriate destruction
of the PHI and PII.
5. 3.2 Continued Protections. In the event that Contractor determines that returning or
destroying the PHI and PII is infeasible, Contractor shall provide within ten (10) days to
SBHASO notification of the conditions that make return or destruction infeasible of PHI
and PII. Upon mutual agreement of the Parties that return or destruction of PHI is
infeasible and to the extent Contractor retains knowledge of the PHI and PII, Contractor
shall extend the protections of this Agreement to the PHI and PII and limit further uses
and disclosures of the PHI and PII to those purposes that make the return or destruction
infeasible,for as long as Contractor maintains, or retains knowledge of,the PHI or PII.
VI. MISCELLANEOUS.
6.1 Indemnification Obligation. Notwithstanding anything to the contrary in the Service Contract,
Contractor will indemnify, defend at SBHASO's request, and hold harmless SBHASO, its
Workforce, County Authorities Executive Committee, Advisory Board, partners, agents, and
Subcontractors(collectively"SBHASO Indemnified Parties")from and against any and all claims,
actions, investigations, proceedings, losses, liability, damages, costs, and expenses (including
attorneys' fees, costs of defense, and costs of investigation, mitigation, remediation, and
notification)incurred or suffered by an SBHASO Indemnified Party(collectively,"Damages")that
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arise out of, result from, allege, or relate to any of the following: (i) Contractor's breach of this
Agreement, including any breach of any representation or warranty; (ii) any Event reported by
Contractor under this Agreement; (iii) any violation of Law by or caused by Contractor or its
Workforce, agents, or Subcontractors; or(iv) any negligent act or omission, willful misconduct,
strict liability, or fraud by or of Contractor or its Workforce,agents, or Subcontractors.
6.2 Coverage of Costs. In addition, and without limitation of Supplier's obligations under Section
6.1, Supplier will pay the reasonable costs incurred by SBHASO and any affected Upstream
Covered Entities in connection with the following items with respect to any Event: (a) any
investigation to determine the cause of an Event, including forensic consultations; (b) legal
advice regarding an Event; (c) provision of notification of an Event to affected Individuals,
applicable government, relevant industry self-regulatory agencies, and the media; (d) provision
of credit monitoring and/or identity theft services to affected Individuals; (e)operation of a call
center to respond to questions from Individuals; and (f) other reasonable mitigation efforts as
deemed necessary or appropriate by SBHASO and any affected Upstream Covered Entity.
6.3 Process for Indemnification. SBHASO will notify Contractor of any Damages for which it seeks
indemnification. Upon a SBHASO request for defense, Contractor will use counsel reasonably
satisfactory to the SBHASO Indemnified Parties to defend each claim related to the Damages
and will keep the SBHASO Indemnified Parties informed of the status of the defense of each of
the Damages. SBHASO will give Contractor reasonable assistance, at Contractor's expense, as
Contractor may reasonably request. SBHASO will provide Contractor the opportunity to assume
sole control over defense and settlement, as long as Contractor will not consent to the entry of
any judgment or enter into any settlement without the SBHASO Indemnified Parties' prior
written consent,which will not be unreasonably withheld. Any SBHASO Indemnified Party may
participate in the defense at its own expense. Contractor's duty to defend is independent of its
duty to indemnify,to mitigate, or to cover costs.
6.4 Not Limited by Insurance Coverage. Contractor's indemnification, mitigation, coverage of
costs, and defense obligations will not be limited in any manner whatsoever by any required or
other insurance coverage maintained by Contractor.
6. 5 No Limitations on Liability. Notwithstanding any other provision of this Agreement or the
Service Contract, in no event will any exclusions, disclaimers, waivers, or limitations of any
nature whatsoever apply to any damages, liability, rights, or remedies arising from or in
connection with: (i) Contractor's indemnification and defense obligations under this
Agreement; (ii) Contractor's breach of this Agreement, including any breach of any
representation or warranty; (iii) any Event reported by Contractor; (iv) any violation of Law by
or caused by Contractor or its Workforce, agents, or Subcontractors; or(v) any negligent act or
omission,willful misconduct,strict liability,or fraud by or of Contractor or its Workforce,agents,
or Subcontractors.
6.6 Ownership of Information. The Parties agree that Contractor shall not have an ownership
interest in PHI or PII or any derivations of the PHI or PII.
6.7 Insurance. Contractor shall maintain appropriate and adequate insurance coverage, including
cyber insurance, to cover Contractor's obligations pursuant to this Agreement. Upon request,
Contractor shall provide evidence of insurance coverage.
6.8 Equitable and Injunctive Relief. The Parties acknowledge that the use or disclosure of PHI or
PII in a manner inconsistent with this Agreement may cause SBHASO and its Upstream Covered
Entities irreparable damage and that SBHASO and its Upstream Covered Entities shall have the
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right to equitable and injunctive relief,without having to post bond,to prevent the unauthorized
use or disclosure of PHI or PII and to damages as are occasioned by an Event in addition to other
remedies available at law or in equity. SBHASO's and Upstream Covered Entities' remedies
under this Agreement and the Service Contract shall be cumulative, and the exercise of any
remedy shall not preclude the exercise of any other.
6.9 Third Party Beneficiaries. Notwithstanding anything to the contrary in the Service Contract or
this Agreement, Individuals who are the subject of PHI shall be third party beneficiaries to this
Agreement. Subject to the foregoing, nothing in this Agreement shall confer upon any person
other than the Parties and their respective successors or assigns, any rights, remedies,
obligations, or liabilities whatsoever.
6.10 Interpretation. This Agreement shall be interpreted in a manner consistent with the Parties'
intent to comply with HIPAA, Part 2, and other Law. Any ambiguity of this Agreement shall be
resolved in favor of a meaning that permits the Parties to comply with HIPAA, Part 2,and other
Law. In the event of an inconsistency between the provisions of this Agreement and mandatory
provisions of HIPAA, HIPAA shall control. In the event of any inconsistency between this
Agreement and the Service Contract or any other agreement between the Parties,the terms of
this Agreement shall control. Nothing in this Agreement shall be construed as a waiver of any
legal privilege or protection, including for trade secrets or confidential commercial information.
6.11 Survival. The obligations of Contractor under Sections 3.2, 3. 3, 3.6, 3. 8, 3.10, 3.11, 3.14, 3.16,
5.3,6.1,6.2,6.3, 6.4,6.6,6.8,and 6.9 of this Agreement shall survive the expiration,termination,
or cancellation of this Agreement,the Service Contract, and/or the business relationship of the
Parties, and shall continue to bind Contractor, its Workforce, agents, employees,
subcontractors, successors,and assigns as set forth in this Agreement.
6.12 Amendment. This Agreement may be amended or modified only in a writing signed by the
Parties. The Parties agree that they will negotiate amendments to this Agreement to conform
to any changes in HIPAA and Part 2.
6.13 Assignment. Neither Party may assign its respective rights and obligations under this
Agreement without the prior written consent of the other Party.
6.14 Independent Contractor. None of the provisions of this Agreement are intended to create, nor
will they be deemed to create, any relationship between the Parties other than that of
independent parties contracting with each other solely for the purposes of effecting the
provisions of this Agreement and any other agreements between the Parties evidencing their
business relationship. No agency relationship is deemed created by this Agreement.
6.15 Governing Law. To the extent this Agreement is not governed exclusively by HIPAA, Part 2, or
other Law, it will be governed by and construed in accordance with the laws of the State of
Washington.
6.16 No Waiver. No change,waiver,or discharge of any liability or obligation under this Agreement
on any one or more occasions shall be deemed a waiver of performance of any continuing or
other obligation,or shall prohibit enforcement of any obligation,on any other occasion.
6.17 Severability. In the event that any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement
will remain in full force and effect.
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6.18 Notice. Any notification required in this Agreement shall be made in writing to the
representative of the Party who signed this Agreement or the person currently serving in that
representative's position with the other Party.
6.19 Entire Agreement. This Agreement constitutes the entire understanding of the Parties with
respect to its subject matter and supersedes all prior agreements,oral or written.
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ATTACHMENT E: EXHIBIT E - DATA USE, SECURITY AND CONFIDENTIALITY
1 Definitions
The definitions below apply to this Attachment:
1.1 "Authorized User" means an individual or individuals with an authorized business need to access
HCA's Confidential Information under this Contract.
1.2 "Breach" means the unauthorized acquisition, access, use, or disclosure of Data shared under
this Contract that compromises the security, confidentiality or integrity of the Data.
1.3 "Business Associate" means a Business Associate as defined in 45 CFR 160. 103, who performs
or assists in the performance of an activity for or on behalf of HCA, a Covered Entity that involves
the use or disclosure of protected health information (PHI). Any reference to Business Associate in
this DSA includes Business Associate's employees, agents, officers, Subcontractors, third party
contractors, volunteers, or directors.
1.4 Business Associate Agreement" means the HIPAA Compliance section of this Exhibit and
includes the Business Associate provisions required by the U.S. Department of Health and Human
Services, Office for Civil Rights.
1.5 "Covered Entity" means HCA, which is a Covered Entity as defined in 45 C.F.R. § 160.103, in its
conduct of covered functions by tis health care components.
1.6 "Data" means the information that is disclosed or exchanged as described by this Contract. For
purposes of this Attachment, Data means the same as "Confidential Information."
1.7 "Designated Record Set" means a group of records maintained by or for a Covered Entity, that
is: the medical and billing records about Individuals maintained by or for a covered health care
provider; the enrollment, payment, claims adjudication, and case or medical management record
systems maintained by or for a health plan; or Used in whole or part by or for the Covered Entity to
make decisions about Individuals.
1.8 "Disclosure" means the release, transfer, provision of, access to, or divulging in any other
manner of information outside the entity holding the information.
1.9 "Electronic Protected Health Information (ePHI)" means Protected Health Information that is
transmitted by electronic media or maintained as described in the definition of electronic media at
45 C.F.R. § 160.103.
1.10 "Hardened Password" after July 1, 2019 means a string of characters containing at least three of
the following character classes: upper case letters; lower case letters; numerals; and special
characters, such as an asterisk, ampersand or exclamation point.
1.10.1 Passwords for external authentication must be a minimum of 10 characters long.
1.10.2 Passwords for internal authentication must be a minimum of 8 characters long.
1.10.3 Passwords used for system service or service accounts must be a minimum of 20
characters long.
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1.11 "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as amended,
together with its implementing regulations, including the Privacy Rule, Breach Notification Rule,
and Security Rule. The Privacy Rule is located at 45 C.F.R. Part 160 and Subparts A and E of 45
C.F.R. Part 164. The Breach Notification Rule is located in Subpart D of 45 C.F.R. Part 164. The
Security Rule is located in 45 C.F.R. Part 160 and Subparts A and C of 45 C.F.R. Part 164.
1.12 "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at45
C.F.R. Parts 160-and Part 164.
1.13 "Medicare Data Use Requirements" refers to the four documents attached and incorporated into
this Exhibit as Schedules 1, 2, 3, and 4 that set out the terms and conditions Contractor must
agree to for the access to and use of Medicare Data for the Individuals who are dually eligible in
the Medicare and Medicaid programs.
1.14 "Minimum Necessary" means the least amount of PHI necessary to accomplish the purpose for
which the PHI is needed.
1.15 "Portable/Removable Media" means any Data storage device that can be detached or removed
from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs);USB
drives; or flash media (e.g. CompactFlash, SD, MMC).
1.16 "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PC's, flash memory
devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If
used to store Confidential Information, devices should be Federal Information Processing
Standards (FIPS) Level 2 compliant.
1.17 "PRISM" means the DSHS secure, web-based clinical decision support tool that shows
administrative data for each Medicaid Client and is organized to identify care coordination
opportunities.
1.18 "Protected Health Information" or"PHI" has the same meaning as in HIPAA except that it in this
Contract the term includes information only relating to individuals.
1.19 "ProviderOne" means the Medicaid Management Information System, which is the State's
Medicaid payment system managed by HCA.
1.20 "Security Incident" means the attempted or successful unauthorized access, use, disclosure,
modification or destruction of information or interference with system operations in an information
system.
1.21 "Tracking" means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
1.22 "Transmitting" means the transferring of data electronically, such as via email, SFTP,web-
services, AWS Snowball, etc.
1.23 "Transport" means the movement of Confidential Information from one entity to another, or within
an entity, that: places the Confidential Information outside of a Secured Area or system (such as a
local area network); and is accomplished other than via a Trusted System.
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1.24 "Trusted System(s)" means the following methods of physical delivery: (1) hand-
delivery by a person authorized to have access to the Confidential Information with
written acknowledgement of receipt; (2) United States Postal Service ("USPS")first
class mail, or USPS delivery services that include Tracking, such as Certified Mail,
Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS,
DHL) which offer tracking and receipt confirmation; and (4)the Washington State
Campus mail system. For electronic transmission, the Washington State Governmental
Network (SGN) is a Trusted System for communications within that Network.
1.25 "U.S.C." means the United States Code. All references in this Exhibit to U.S.C.
chapters or sections will include any successor, amended, or replacement
statute. The U.S.C. may be accessed at http://uscode.house.gov/
1.26 "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.
1.27"Use" includes the sharing, employment, application, utilization, examination, or analysis,
of Data.
2 Data Classification
2.1 The State classifies data into categories based on the sensitivity of the data pursuant to
the Security policy and standards promulgated by the Office of the state of Washington
Chief Information Officer. (See Section 4 of this Exhibit, Data Security, of Securing IT
Assets Standards No. 141.10 in the State Technology Manual at
https://ocio.wa.gov/policies/141-securing- information-technology-assets/14110-securing-
information-technology-assets.)
The Data that is the subject of this Contract is classified as Category 4—Confidential
Information Requiring Special Handling. Category 4 Data is information that is specifically
protected from disclosure and for which:
2.1.1 Especially strict handling requirements are dictated, such as by statutes,
regulations, or agreements;
2.1.2 Serious consequences could arise from unauthorized disclosure, such as
threats to health and safety, or legal sanctions.
3 Purpose
3.1 This Exhibit E covers all data sharing, collection, maintenance, and Use of Data by
Contractor for work performed under the Contract.
4 PRISM Access— N/A
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5 Constraints on Use of Data
5.1 This Contract does not constitute a release of the Data for the Contractor's discretionary
use. Contractor must use the Data received or accessed under this Contract only to carry
out the purpose of this Contract. Any ad hoc analyses or other use or reporting of the Data
is not permitted without SBHASO's and HCA's prior written consent.
5.2 Data shared under this Contract includes data protected by 42 C.F.R. Part 2. In
accordance with 42 C.F.R. § 2.32, this Data has been disclosed from records protected
by federal confidentiality rules (42 C.F.R. Part 2). The federal rules prohibit Receiving
Party from making any further disclosure of the Data that identifies a patient as having or
having had a substance use disorder either directly, by reference to publicly available
information, or through verification of such identification by another person unless further
disclosure is expressly permitted by the written consent of the individual whose
information is being disclosed or as otherwise permitted by42
C.F.R. Party 2. A general authorization for the release of medical or other
information is NOT sufficient for this purpose (42 C.F.R. § 2.31). The federal
rules restrict any use of the SUD Data to investigate or prosecute with regard
to a crime any patient with a substance use disorder, except as provided at 42
C.F.R. § 2.12(c)(5) and § 2.65.
5.2.1 The information received under subsection 7.7 of the Contract is also protected by
federal law, including 42 C.F.R. Part 2, Subpart D, § 2.53, which requires HCA and their
Subcontractors to:
5.2.1. 1 Maintain and destroy the patient identifying information in a
manner consistent with the policies and procedures
established under 42 C.F.R. §2.16;
5.2.1.2 Retain records in compliance with applicable federal,
state, and local record retention laws; and
5. 2.1.3 Comply with the limitations on disclosure and Use in 42
C.F.R. Part 2, Subpart D, § 2.53(d).
5.3 Any disclosure of Data contrary to this Contract is unauthorized and
is subject to penalties identified in law.
5.4 The Contractor must comply with the Minimum Necessary Standard, which
means that Contractor will use the least amount of PHI necessary to
accomplish the Purpose of this Contract.
5.4.1 Contractor must identify:
5.4.2 Those persons or classes of persons in its workforce who need
access to PHI to carry out their duties; and
5.4.3 For each such person or class of persons, the category or
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categories of PHI to which access is needed and any conditions
appropriate to such access.
5. 4. 4 Contractor must implement policies and procedures that limit the
PHI disclosed to such persons or classes of persons to the
amount reasonably necessary to achieve the purpose of the
disclosure, in accordance with this Contract.
6 Security of Data
6.1 Data Protection
6.1.1 The Contractor must protect and maintain all Confidential
Information gained by reason of this Contract, information that is
defined as confidential under state or federal law or regulation, or
Data that HCA has identified as confidential, against unauthorized
use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include
restricting access to the Confidential Information by:
6.1.1.1 Allowing access only to staff that have an authorized
business requirement to view the Confidential Information.
6.1. 1.2 Physically securing any computers, documents, or other
media containing the Confidential Information
6.2 Data Security Standards
6.2.1 Contractor must comply with the Data Security Requirements set
out in this section and the Washington OCIO Security Standard,
141.10, which will include any successor, amended, or
replacement regulation (https://ocio.wa.gov/policies/141-securinq-
information-technology-assets/14110-securing-information-
technology-assets.) The Security Standard 141.10 is hereby
incorporated by reference into this Contract.
6.2. 2 Data Transmitting
6. 2.2.1 When transmitting Data electronically, including via
email, the Data must be encrypted using NIST 800-
series approved algorithms
http://csrc.nist.gov/publications/PubsSPs.html). This
includes transmission over the public internet.
6.2.2.2 When transmitting Data via paper documents, the
Contractor must use a Trusted System.
6.2.3 Protection of Data. The Contractor agrees to store and protect Data
as described.
Jefferson County Superior Court
KC-046-026
6.2. 3.1 Data at Rest:
6.2.3.1.1 Data will be encrypted with NIST 800-series
approved algorithms. Encryption keys will be
stored and protected independently of the data.
Access to the Data will be restricted to
Authorized Users through the use of access
control lists, a Unique User ID, and a Hardened
Password, or other authentication mechanisms
which provide equal or greater security, such
as biometrics or smart cards. Systems that
contain or provide access to Confidential
Information must be located in an area that is
accessible only to authorized personnel, with
access controlled through use of a key, card
key, combination lock, or comparable
mechanism.
6.2. 3.2 Data stored on Portable/Removable Media or Devices
6. 2.3.2.1 Confidential Information provided by
SBHASO or HCA on Removable Media will
be encrypted with NIST 800-series
approved algorithms. Encryption keys will
be stored and protected independently of
the Data.
6. 2.3.2.2 HCA's Data must not be stored by the
Contractor on Portable Devices or Media unless
specifically authorized within the Contract. If so
authorized, the Contractor must protect the
Data by:
6.2.3.2.2.1 Encrypting with NIST 800-series
approved algorithms. Encryption keys
will be stored and protected
independently of the data;
6.2.3.2.2. 2 Controlling access to the devices with
a Unique User ID and Hardened
Password or stronger authentication
method such as a physical token or
biometrics;
6.2.3.2.2.3 Keeping devices in locked storage
when not in use;
6.2. 3. 2.2.4 Using check-in/check-out procedures
when devices are shared;
6.2.3.2.2.5 Maintaining an inventory of devices;
Jefferson County Superior Court
KC-046-026
and
6. 2.3.2. 2. 6 Ensuring that when being transported
outside of a Secured Area, all devices
containing Data are under the physical
control of an Authorized User.
6.2.3. 3 Paper Documents. Any paper records containing
Confidential Information must be protected by storing the
records in a Secured Area that is accessible only to
authorized personnel. When not in use, such records must
be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons
have access.
6. 2.4 Data Segregation
6. 2.4.1 HCA Data received under this Contract must be
segregated or otherwise distinguishable from non-HCA
Data. This is to ensure that when no longer needed by
the Contractor, all of HCA's Data can be identified for
return or destruction. It also aids in determining whether
HCA's Data has or may have been compromised in the
event of a security breach.
6. 2.4. 2 HCA's Data must be kept in one of the following ways:
6.2.4.2.1 On media (e.g. hard disk, optical disc, tape, etc.)
which contains only HCA Data;
6.2.4.2.2 In a logical container on electronic media, such as
a partition or folder dedicated to HCA's Data;
6.2.4.2.3 In a database that contains only HCA Data;
6.2.4.2.4 Within a database— HCA data must be
distinguishable from non- HCA Data by the value of
a specific field or fields within database records;
6.2.4.2.5 Physically segregated from non-HCA Data in a drawer,
folder, or other container when stored as physical
paper documents.
6. 2.4.3 When it is not feasible or practical to segregate HCA's Data from
non-HCA data, both HCA's Data and the non-HCA data with
which it is commingled must be protected as described in this
Exhibit.
6.3 Data Disposition
Jefferson County Superior Court
KC-046- 026
6. 3.1 Upon request by SBHASO or HCA, at the end of the Contract term,
or when no longer needed, Confidential Information/Data must be
returned to HCA or disposed of as set out below, except as required
to be maintained for compliance or accounting purposes.
6. 3.2 Media are to be destroyed using a method documented
within NIST 800-88
http://csrc.nist.gov/publications/PubsSPs.html).
6. 3.3 For Data stored on network disks, deleting unneeded Data is sufficient
as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in Section 4.b.iii, above. Destruction of the Data as
outlined in this section of this Exhibit may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secured Area.
7 Data Confidentiality and Non-Disclosure
7.1 Data Confidentiality.
7.1.1 The Contractor will not use, publish, transfer, sell or otherwise
disclose any Confidential Information gained by reason of this
Contract for any purpose that is not directly connected with the
purpose of this Contract,except:
7.1.1.1 as provided by law; or
7.1.1.2 with the prior written consent of the person or personal
representative of the person who is the subject of the
Confidential Information.
7.2 Non-Disclosure of Data
7.2.1 The Contractor will ensure that all employees or Subcontractors who
will have access to the Data described in this Contract (including both
employees who will use the Data and IT support staff) are instructed
and aware of the use restrictions and protection requirements of this
Attachment before gaining access to the Data identified herein. The
Contractor will ensure that any new employee is made aware of the
use restrictions and protection requirements of this Attachment before
they gain access to the Data.
7.2.2 The Contractor will ensure that each employee or Subcontractor who
will access the Data signs a non-disclosure of confidential information
agreement regarding confidentiality and non-disclosure requirements of
Data under this Contract. The Contractor must retain the signed copy
of employee non-disclosure agreement in each employee's personnel
file for a minimum of six years from the date the employee's access to
Jefferson County Superior Court
KC-046-026
the Data ends. The Contractor will make this documentation available
to SBHASO or HCA upon request.
7.3 Penalties for Unauthorized Disclosure of Data
7.3.1 The Contractor must comply with all applicable federal and state
laws and regulations concerning collection, use, and disclosure of
Personal Information and PHI. Violation of these laws may result in
criminal or civil penalties or fines.
7.3.2 The Contractor accepts full responsibility and liability for any
noncompliance with applicable laws or this Contract by itself,
its employees, and its Subcontractors.
8 Data Shared with Subcontractors
If Data access is to be provided to a Subcontractor under this Contract, the
Contractor must include all of the Data security terms, conditions and requirements
set forth in this Attachment in any such Subcontract.
However, no subcontract will terminate the Contractor's legal responsibility to HCA
for any work performed under this Contract nor for oversight of any functions and/or
responsibilities it delegates to any subcontractor. Contractor must provide an
attestation by January 31, each year that all Subcontractor meet, or continue to meet,
the terms, conditions, and requirements in this Attachment.
9 Data Breach Notification
9.1 The Breach or potential compromise of Data must be reported to the
SBHASO Privacy Officer at iclauson(a kitsap,qov and to the SBHASO
Contract Manager at ikron(a7kitsap.gov within five (5) business days of
discovery. If the Contractor does not have full details, it will report what
information it has, and provide full details within fifteen (15) business days
of discovery. To the extent possible, these reports must include the
following:
9.1.1 The identification of each non-Medicaid Individual whose PHI
has been or may have been improperly accessed, acquired,
used, or disclosed;
9.1.2 The nature of the unauthorized use or disclosure, including
a brief description of what happened, the date of the
event(s), and the date of discovery;
9.1.3 A description of the types of PHI involved;
9.1.4 The investigative and remedial actions the Contractor or its
Subcontractor took or will take to prevent and mitigate harmful
effects, and protect against recurrence;
Jefferson County Superior Court
KC-046-026
9.1.5 Any details necessary for a determination of the potential
harm to Individuals whose PHI is believed to have been used
or disclosed and the steps those Individuals should take to
protect themselves; and
9.1.6 Any other information SBHASO or HCA reasonably requests.
9.2 The Contractor must take actions to mitigate the risk of loss and comply with
any notification or other requirements imposed by law or HCA including but
not limited to 45 C.F.R. Part 164,Subpart D; RCW 42.56.590; RCW
19.255.010; or WAC 284-04-625.
9.3 The Contractor must notify SBHASO in writing, as described in 9.1 above,
within two (2) business days of determining notification must be sent to non-
Medicaid Individuals.
9.4 At SBHASO's or HCA's request, the Contractor will provide draft Individual
notification to HCA at least five (5) business days prior to notification, and
allow HCA an opportunity to review and comment on the notifications.
9.5 At SBHASO's or HCA's request, the Contractor will coordinate its
investigation and notifications with HCA and the Office of the state of
Washington Chief Information Officer (OCIO), as applicable.
10 HIPAA Compliance
The Contractor is a "Business Associate" of SBHASO as defined in the HIPAA Rules.
10.1 HIPAA Point of Contact. The point of contact for the Contractor for all
required HIPAA-related reporting and notification communications from
this Section and all required Data Breach Notification from Section 9, is:
Salish Behavioral Health Administrative Services Organization
Attention: Ileea Clauson, Privacy Officer
614 Division St., MS-23
Port Orchard, WA 98366
Telephone: (360) 337-4833
Email: IClauson@kitsap.gov
10.2 Compliance. Contractor must perform all Contract duties, activities, and tasks
in compliance with HIPAA, the HIPAA Rules, and all attendant regulations as
promulgated by the U.S. Department of Health and Human Services, Office
for Civil Rights, as applicable.
10.3 Use and Disclosure of PHI. Contractor is limited to the following permitted
and required uses or disclosures of PHI:
Jefferson County Superior Court
KC-046-026
10.3.1 Duty to Protect PHI. Contractor must protect PHI from, and will use
appropriate safeguards, and comply with Subpart C of 45 C.F.R.
Part 164, Security Standards for the Protection of Electronic Protect
Health Information, with respect to ePHI, to prevent unauthorized
Use or disclosure of PHI for as long as the PHI is within Contractor's
possession and control, even after the termination or expiration of
this Contract.
10.3.2 Minimum Necessary Standard. Contractor will apply the HIPAA
Minimum Necessary standard to any Use or disclosure of PHI
necessary to achieve the purposes of this Contractor. See 45
C.F.R. § 164.514(d)(2) through (d)(5).
10.3.3 Disclosure as Part of the Provision of Services. Contractor will only
Use or disclose PHI as necessary to perform the services specified
in this Contract or as required by law, and will not Use or disclose
such PHI in any manner that would violate Subpart E of 45 C.F.R.
Part 164, Privacy of Individually Identifiable Health Information, if
done by Covered Entity, except for the specific Uses and disclosures
set forth below.
10.3.4 Use for Proper Management and Administration. Contractor may
Use PHI for the proper management and administration of the
Contractor or to carry out the legal responsibilities of the Contractor.
10.3.5 Disclosure for Proper Management and Administration. Contractor
may disclosure PHI for the proper management and administration of
Contractor, subject to HCA approval, or to carry out the legal
responsibilities of the Contractor, provided the disclosures are
required by law, or Contractor obtains reasonable assurances from
the person to whom the information is disclosed that the information
will remain confidential and used or further disclosed only as
required by law or for the purposes for which it was disclosed to the
person, and the person notifies Contractor of any instances of which
it is aware in which the confidentiality of the information has been
Breached.
10.3.6 Impermissible Use or Disclosure of PHI. Contractor must report to the
HIPAA Point of Contact, in writing, all Uses or disclosures of PHI not
provided for by this Contract within five (5) business days of
becoming aware of the unauthorized Use or disclosure of PHI,
including Breaches of unsecured PHI as required at 45 C.F.R. §
164.410, Notification by a Business Associate, as well as any Security
Incident of which Contractor becomes aware. Upon request by
SBHASO or HCA, Contractor will mitigate, to the extent practicable,
any harmful effect resulting from the impermissible Use or disclosure.
10.3.7 Failure to Cure. If SBHASO learns of a pattern or practice of the
Jefferson County Superior Court
KC-046- 026
Contractor that constitutes a violation of Contractor's obligations under
the term of this Attachment and reasonable steps by the Contractor do
not end the violation, SBHASO may terminate this Contract, if feasible.
In addition, if Contractor learns of a pattern or practice of its
Subcontractor(s) that constitutes a violation of Contractor's obligations
under the terms of their contract and reasonable steps by the
Contractor do not end the violation, Contractor must terminate the
Subcontract, if feasible.
10.3.8 Termination for Cause. Contractor authorizes immediate termination of
this Contract by SBHASO, if SBHASO determines Contractor has
violated a material term of this Business Associate Agreement.
SBHASO may, at its sole option, offer Contractor an opportunity to cure
a violation of this Business Associate Agreement before exercising a
termination for cause.
10.3. 9 Consent to Audit. Contractor must give reasonable access to PHI, its
internal practices, records, books, documents, electronic data, and/or
all other business information received from, or created, received by
Contractor on behalf of SBHASO or HCA, to the Secretary of the
United States Department of Health and Human Services (DHHS)
and/or to HCA for use in determining compliance with HIPAA privacy
requirements.
10.3.10 Obligations of Business Associate upon Expiration or Termination.
Upon expiration or termination of this Contract for any reason, with
respect to PHI received from SBHASO or HCA, or created,
maintained, or received by Contractor, or any Subcontractors, on
behalf of SBHASO or HCA, Contractor must:
10.3.10.1 Retain only that PHI which is necessary for Contractor
to continue its proper management and administration or to
carry out its legal responsibilities;
10.3.10.2 Return to SBHASO or HCA or destroy the
remaining PHI that the Contractor or any
Subcontractors still maintain in any form;
10.3.10.3 Continue to use appropriate safeguards and comply with
Subpart C of 45 C.F.R. Part 164, Security Standards for
Protection of Electronic Protected Health Information, with
respect to ePHI to prevent Use or disclosure of the PHI, other
than as provided for in this Section, for as long as Contractor or
any Subcontractor retains PHI;
10.3.10.4 Not Use or disclose the PHI retained by Contractor or any
Subcontractors other than for the purposes for which such PHI
was retained and subject to the same conditions section out in
Jefferson County Superior Court
KC-046-026
Section 9.3, Use and Disclosure of PHI, that applied prior to
termination; and
10.3.10.5 Return to SBHASO or HCA or destroy the PHI
retained by Contractor, or any Subcontractors, when it is
no longer needed by Contractor for its proper
management and administration or to carry out its legal
responsibilities.
10.3.11 Survival. The obligations of Contractor under this Section will
survive the termination or expiration of the Contract.
10.4 Individual Rights.
10.4.1 Accounting of Disclosures.
10.4.1.1 Contractor will document all disclosures, except those
disclosures that are exempt under 45 C.F.R. § 164.528, of
PHI and information related to such disclosures.
10.4.1.2 Within ten (10) business days of a request from SBHASO or
HCA, Contractor will make available to HCA the information in
Contractor's possession that is necessary for HCA to respond
in a timely manner to a request for an accounting of
disclosures of PHI by the Contractor. See 45 C.F.R. §§
164.504(e)(2)(ii)(G) and 164.528(b)(1).
10.4.1.3 At the request of SBHASO or HCA, or in response to a request
made directly to the Contractor by an Individual, Contractor will
respond, in a timely manner and in accordance with HIPAA
and the HIPAA Rules, to requests by Individuals for an
accounting of disclosures of PHI.
10.4.1.4 Contractor record keeping procedures will be sufficient to
respond to a request for an accounting under this section for
the ten (10) years prior to the date on which the accounting was
requested.
10.4.2 Access.
10.4.2.1 Contractor will make available PHI that it holds that is part of
a Designated Record Set when requested by HCA or the
Individual as necessary to satisfy HCA's obligations under 45
C.F.R. § 164.524, Access of Individuals to Protected Health
Information.
10.4.2. 2 When the request is made by the Individual to the Contractor or
if SBHASO or HCA ask the Contractor to respond to a request,
the Contractor must comply with requirements in 45 C.F.R. §
164.524, Access of Individuals to Protected Health Information,
on form, time and manner of access. When the request is made
Jefferson County Superior Court
KC-046-026
by HCA, the Contractor will provide the records to HCA within
ten (10) business days.
10.4.3 Amendment.
10.4.3.1 If SBHASO or HCA amends, in whole or in part, a record or PHI
contained in an Individual's Designated Record Set and
SBHASO or HCA has previously provided the PHI or record that
is the subject of the amendment to Contractor, then SBHASO
will inform Contractor of the amendment pursuant to 45 C.F.R.
164.526(c)(3), Amendment of Protected Health Information.
10.4.3.2 Contractor will make any amendments to PHI in a Designated
Record Set as directed by SBHASO or HCA or as necessary
to satisfy SBHASO's and HCA's obligations under 45 C.F.R.§
164.526, Amendment of Protected Health Information.
10.5 Subcontracts and other Third Party Agreements. In accordance with 45
C.F.R. §§ 164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), Contractor
must ensure that any agents, Subcontractors, independent contractors, or
other third parties that create, receive, maintain, or transmit PHI on
Contractor's behalf, enter into a written contract that contains the same terms,
restrictions, requirements, and conditions as the HIPAA compliance
provisions in this Contract with respect to such PHI. The same provisions
must also be included in any contracts by a Contractor's Subcontractor with
its own business associates as required by 45 C.F.R. §§ 164.314(a)(2)(b) and
164.504(e)(5).
10.6 Obligations. To the extent the Contractor is to carry out one or more of
HCA's obligation(s) under Subpart E of 45 C.F.R. Part 164, Privacy of
Individually Identifiable Health Information,Contractor must comply with all
requirements that would apply to HCA in the performance of such
obligation(s).
10.7 Liability. Within ten (10) business days, Contractor must notify the HIPAA
Point of Contact of any complaint, enforcement or compliance action
initiated by the Office for Civil Rights based on an allegation of violation of
the HIPAA Rules and must inform HCA of the outcome of that action.
Contractor bears all responsibility for any penalties, fines or sanctions
imposed against the Contractor for violations of the HIPAA Rules and for
any imposed against its Subcontractors or agents for which it is found liable.
10.8 Miscellaneous Provisions.
10.8.1 Regulatory References. A reference in this Contract to a
section in the HIPAA Rules means the section as in effect or
amended.
10.8.2 Interpretation. Any ambiguity in this Exhibit will be interpreted to
Jefferson County Superior Court
KC-046-026
permit compliance with the HIPAA Rules.
11 Inspection
SBHASO and HCA reserve the right to monitor, audit, or investigate the use of
Personal Information and PHI of Individuals collected, used, or acquired by
Contractor during the terms of this Contract. All SBHASO and HCA
representatives conducting onsite audits of Contractor agree to keep confidential
any patient-identifiable information which may be reviewed during the course of
any site visit or audit.
12 Indemnification
The Contractor must indemnify and hold SBHASO and HCA and its employees
harmless from any damages related to the Contractor's or Subcontractor's
unauthorized use or release of Personal Information or PHI of Individuals.
Jefferson County Superior Court
KC-046-26
ATTACHMENT F: CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and believe, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Contractor Organization: Jefferson County Superior Court
N---__ 7t,'/ &
Signature of Certifying Official Date
Jefferson County Superior Court
KC-046-26
ATTACHMENT G: CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS Primary Covered Transactions 45 CFR 76
1. The prospective primary participant certifies to the best of its knowledge
and belief, that it and its principles:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any Federal
department or agency;
b. Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connections with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statement, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charges by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1.b. of
this certification; and
d. Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
2. Where the prospective primary participants are unable to certify to any of
the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
This Certification is executed by the person(s) signing below who warrant they
have authority to execute this Certification.
CONTRACTOR:
Jefferson County Superior Court
Name: g/.a. o/„
S v,2.4 Y or rf-
Title:
Date: S (`I(ZCr
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hUps://exclusionsmig.hhs.gov/SearchResults.aspx[1/15/2026 2:47:26 PM]
615 Sheridan Street
Port Townsend, WA 98368
efl tson 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:
Nd'Vilf, &,GO
SUBJECT: Agenda item — Subrecipient Agreement with OESD 114; April 1, 2026 — June
30, 2026; $2,775.
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the
Subrecipient Agreement with OESD-114 (Subrecipient) to develop and implement coordinated tobacco, vapor
and marijuana product prevention and intervention strategies; April 1, 2026 —June 30, 2026; $2,775.
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 $2,775 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-1 Kitsap (Agency Contract).
RECOMMENDATION:
JCPH management requests approval of the Subrecipient Agreement with OESD-114 to develop and implement
tobacco, vapor and marijuana product intervention strategies; April 1, 2026 — June 30, 2026; $2,775
REVIEWED BY:
C . 6// 6
Josh 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-26-031
CONTRACT REVIEW FORM I Clear Form
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: OESD-114 Contract No: N-26-031
Contract For: Scholarships and 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: $2,775
PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $2,775 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 COMP LZE WL -F 080 AND CHAPTER 42.23 RCW.
CERTIFIED: E N/A:Apr. 20, 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: MI N/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
OLYMPIC EDUCATIONAL SERVICE DISTRICT 114 (OESD)
This Subrecipient Agreement(Agreement) Between Jefferson County and Olympic Educational Service
District 114 (OESD)is made and entered into by Jefferson County(County) and Olympic Educational
Service District 114 (OESD) (Subrecipient) for completion of Project: Student Engagement Equipment
for County Schools 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
Incompletion 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-26-031(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-26-031(N-25-064KPHD-YCCTPP2483A-1) 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$2,775,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-26-031(N-25-064KPHD-YCCTPP2483A-1) 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://oip.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-26-03 1(N-25-064KPHD-YCCTPP2483A-1) 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-1) 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 insure 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-26-03 1(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-26-031(N-25-064KPHD-YCCTPP2483A-I) 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-1) 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: Michelle Dower
Title: Student Services and Support Director
Contact Info: mdower@u,oesdl4.org
Phone: 360-689-7100
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 OLYMPIC EDUCATIONAL SERVICE
JEFFERSON COUNTY,WASHINGTON DISTRICT 114(OESD)
By: Aaron Leavell(May 4,2026 ,= '4 40 PDT)
By:
Greg Brotherton,Chair Name:
Aaron L e a ve l l
Title: Superintendent
By:05/04/2026HeatherDudlec \ollette. Commissioner Date:
By: a/' pHeidiEisenhour,Commissioner Michelle Dower arkp
SEAL:
ATTEST:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
04/22/2026JeremC:j Luti Date
Deputy Prosccutin2 attorney
N-26-031(N-25-064KPHD-Y(XTPP2483A-I) Page 1 1 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: 210
NAME OF SUBRECIPIENT: Olympic Educational Service District 114(OESD)
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
5I2412, for debarment,declared ineligible,or voluntarily excluded
from transactions by any Federal, State,or local department X
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,orI2(, performing a public(Federal, State,or local)transaction or
contract under a public transaction;violation of Federal or
State antitrust statutes or commission of embezzlement,
theft,forgery,bribery, falsification or destruction of
records,making false statements,or receiving stolen
property
Subrecipient is not presently indicted for or otherwise
criminally or civilly charged by a governmental entity
Federal, State,or local)with commission of fraud or a
SiUcriminal offense in connection with obtaining,attempting
210 to obtain,or performing a public(Federal, State,or local)
transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or
destruction of records,making false statements,or
receiving stolen property
Subrecipient has not within a 3-year period preceding the
L I1, submission of this Compliance and Risk Monitoring Form
Ione or more public transactions(Federal, State,or local)
terminated for cause or default
Subrecipient has provided all written reports required by5111ZbtheAgreementasofthesubmissionofthisComplianceand 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 ILI2` from any government agency since the last certification for X,
its performance related to the Agency Contract
Subrecipient certifies that all of the deliverables and other
C q it, work required since the last certification have been
completed
All the work being billed for in the invoice being certified
5 ,,k by this Compliance and Risk Monitoring Form actually has
been performed, including any timesheet or other backup
S ISubrecipient agrees to submit to an audit within 30 days of
a request from the County or the Agency
ISubrecipient has corrected any deficiencies identified since
26 the last certification
Signed at bIrGn'1ciri vti -
City State
a 05/04/2026AaronLeavell(May 4,2026 14:04 40 PDT)
SUBRECIPIENT SIGNATURE DATE
Aaron Leavell
WRITTEN NAME OF PERSON SIGNING CERTIFICATION
APPROVED BY THE COUNTY:
COUNTY APPROVAL SIGNATURE DATE
WRITTEN NAME OF PERSON APPROVING CERTIFICATION
N-2b-03 1,N-2=aUUKPFID-YC'LTPP24OA-I1 Page 13 of 14
Appendix B
Statement of Work and Budget
Mini-grant Subrecipient Awardee:
Olympic Educational Service District 114 (OESD)
Title: Student Engagement Lab Equipment for County Schools
Topic: Timeline
Provide an estimated timeline for your project or event.
Month/Date Action Item Description
August Project planning&tool Purchase engagement materials, assemble mobile
preparation engagement lab," and coordinate with SAPs
across
all four school sites.
September Prevention/Wellness club Train student leaders on facilitation skills, peer
meetings engagement strategies, and prevention messaging.
Collaboratively develop Suicide Prevention
campaign
content(spin wheel questions,Jenga prompts,
messaging)
Ongoing Prevention Campaigns Implement student-led engagement stations
including: suicide, bullying,during campaign activities. Students facilitate
substance misuse peer-to-peer conversations and promote help-
Promotion Campaigns seeking and
including: mental health and connectedness.
wellbeing, support groups,
Topic: Budget
Budget Item Amount Description
Supplies 2500 Supplies include, but are not limited to spin
wheels, giant Jenga's, button makers, etc.
Indirect 275 Required 11% indirect
TOTAL 2775
N-26-031(N-25-064KPHD-YCCTPP2483A-1) Page 14 of 14
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight,Executive Assistant
DATE: June 8,2026
SUBJECT: PROCLAMATION re: Proclaiming June 2026 as Ride Transit Month
STATEMENT OF ISSUE:
The Jefferson Transit Authority (JTA) is committed to providing safe,reliable, and cost-effective public
transportation that reduces energy consumption and enhances the cultural, environmental, and economic
well-being of Jefferson County residents.
In 2025, JTA recorded 296,039 annual passenger trips across its eastern and western transit services. To
foster more equitable community transportation, JTA transitioned to a completely fare-free model for all
riders in January 2024. Additionally,the authority has expanded service capacity and frequency. Recent
enhancements include a new midday Brinnon run, an extra evening departure on the Kingston Express,
increased frequency on the downtown/uptown shuttle, and the introduction of Sunday service.
FISCAL IMPACT
There is no fiscal impact to Jefferson County.
RECOMMENDATION:
To honor the employees of Jefferson Transit Authority and approve Proclamation re: Proclaiming June 2026
as Ride Transit Month
REVIEWED BY:
Josh . Peters, County Administrator Date
PROCLAMATION
RIDE TRANSIT MONTH
WHEREAS,transit provides essential trips and valuable jobs across our community,
including for vulnerable populations, low-income residents, and people of color; and
WHEREAS, Jefferson Transit has provided public transportation in Jefferson County since
1981, today operating, local, regional, and express bus service, and paratransit service; and
WHEREAS, effective January 1, 2024, all Jefferson Transit routes are free; and
WHEREAS,on average public transit provides almost 100 million passenger trips in
Washington each year, including the nearly 25 percent of Washingtonians who cannot or do not
drive and may rely on public transit. Locally, Jefferson Transit provided 296,039 transit rides in
2025, which is a 12%increase over 2024; and
WHEREAS, transit trips are 10 times safer per mile than car trips, and a person can reduce
their chance of being in an accident by more than 90 percent simply by taking public transit as
opposed to commuting by car; and
WHEREAS, greater transit use is associated with higher levels of physical activity, which is
associated with lower health risks and better health outcomes; and
WHEREAS, whether you're new to transit or a regular rider, Ride Transit Month is a time to
celebrate YOU, our community of riders who are helping Washington State lead the nation in
ridership; and,
NOW, THEREFORE,BE IT RESOLVED THAT the Jefferson County Commissioners do
hereby proclaim June, 2026 as:
RIDE TRANSIT MONTH
in Jefferson County and ask all residents of this community to join us in honoring Jefferson Transit
employees, who care for the public, and show our appreciation not just during this month, but at
every opportunity throughout the year.
APPROVED this 8th day of June, 2026.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg Brotherton, Chair
ATTEST:
Heather Dudley-Nollette, Member
Carolyn Gallaway, CMC,
Clerk of the Board Heidi Eisenhour, Member
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway, Clerk of the Board
DATE: June 8,2026
SUBJECT: WORKSHOP re: All County Preparedness Day
STATEMENT OF ISSUE:
The County contracted with The Production Alliance (TPA) to plan and execute two very
important community events. The first was the Connectivity Summit conducted in March.
The second event is the All-County Preparedness Day, which supersedes the former All-County
Picnic. This event is planned for Saturday, June 27, 2026.
ANALYSIS:
Danny Milholland with TPA will bring the Commissioners and staff up to speed on event details
and to solicit input on the plan with enough time to make changes and/or incorporate any
guidance received during the workshop.
FISCAL IMPACT:
This workshop has no fiscal impact.
RECOMMENDATION:
Conduct the workshop, ask questions and provide guidance.
REVIEWED BY:
tf 66,
Jos D. Peters, County Administrator Date
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30 BOOTHS I FIEVD GAMES I FOOD VENDORS I CIDER I WORKSHOPS
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Preparedness Day returns to Finnriver Farm&Cidery on Saturday,June 27 with a full day of community resilience,preparedness training,
family activities,local resources,games,and hands-on learning.Discover practical skills,connect with neighbors,and enjoy a fun,welcoming
event designed to help our community stay safe,informed,and prepared for the unexpected.
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training, family activities, local resources, games, and hands-on
learning. Discover practical skills, connect with neighbors, and enjoy a
fun, welcoming event designed to help our community stay safe,
informed, and prepared for the unexpected.
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Public Heal
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Joshua Peters,County Administrator
FROM: Michael Dawson, Water Quality Manager, Environmental Public Health
Tressa Linguist, Environmental Public Health
DATE: June 8,2026
SUBJECT: Briefing of Conservation Futures Fund Citizen Oversight Committee funding
recommendations for 2026
STATEMENT OF ISSUE:
Public Health and Conservation Futures Fund Citizen Oversight Committee (CFF Committee)
Chair Ron Rempel request an opportunity to present the Committee's funding recommendations
for 2026.
ANALYSIS:
Two project applications for Conservation Futures funding were received in 2026:
1. East Dabob Bay Acquisition
2. Olympic Discovery Trail Eaglemount Link
Conservation Futures funds available to projects in 2026 equal $459,620.44. The combined total
funding request for this year is less than the amount available, at$438,312.50. At its April 21,
2026 meeting,the CFF Committee voted to recommend fully funding both projects.
The purpose of the CFF Program is to address the "general and increasing need to provide a
system of public open spaces...for the health,welfare, benefit and safety of the residents of
Jefferson County,"and to maintain"Jefferson County as a desirable place to live, visit and
locate businesses."Conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing open
space policies and objectives of the Jefferson County Comprehensive Plan. The goal of the
program is to preserve and protect the county's open space resources from development, and
from being"negatively and permanently affected."
Public Health has separately requested that BoCC hold a public hearing on the applications
and make funding determinations on July 22,2026. The applications and other materials will
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487
be included with that briefing packet as well and may be viewed online at
https://www.cojefferson.wa.us/560/Conservation-Futures-Program.
FISCAL IMPACT:
Costs for the presentation are negligible.
RECOMMENDATION:
Public Health recommends BoCC review two project applications brought to the CFF
Committee in 2026, hear the Chair's presentation of the Committee's recommendations, and
ask questions.
REVIEWED BY:
t * % 1,019.•' g/g fo
Jo .. Peters, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487
615 Sheridan Street
dell Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Public He
tlitti
MEMORANDUM
To:Jefferson County Board of County Commissioners
From: Conservation Futures Fund Citizens Oversight Committee
Date: June 8, 2026
Subject: Conservation Futures Fund 2026 Project Recommendation Summary
The Conservation Futures Fund Citizen Oversight Committee (CFFCOC) met on April 21, 2026 to review
and score the two project applications submitted for the current funding cycle. Northwest Watershed
Institute (NWI) submitted the East Dabob Bay fee title acquisition project and the Jefferson County
Environmental Health Department submitted the Eaglemount Link ROW-Olympic Discovery Trail
easement project. Both projects will provide significant but very dissimilar benefits to the citizens of
Jefferson County. Each project was scored by each CFFCOC member eligible to score a project.The
CFFCOC reviewed each project's: attributes and benefits; aggregate project scores; the project's
eligibility for CF funding; and the project's alignment with the CF Program. Funding recommendations
were then made for consideration by the Board of County Commissioners.
Summary of the Two Proposed Projects
1. East Dabob Bay Acquisition(Northwest Watershed Institute)
Location: Eastern shore of Dabob Bay within the DNR Dabob Bay Natural Area
Ownership/Stewardship:The property will be wholly acquired and stewarded by NWI
Size:42 acres
Total Project Cost:$1,749,000
CF Fund Request:$395,000(23%)
Match: REPI (Navy), National Coastal Grant, Private-$1,354,000(77%match)
Why protection is needed and what resources will be protected:The property is currently being used for
private recreational opportunities with multiple RVs and associated unpermitted waste disposal
facilities, there is an active slide on the property, significant road erosion, and trash on the property.The
property includes important Dabob Bay shoreline anadromous fish habitat, and is a private inholding
within the Dabob Bay Natural Area.
Benefits to Jefferson County: Improved land management, elimination of inappropriate trash and waste
dumping, coastline preservation consistent with the County Comprehensive Plan, improved forest
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360- 385-9444
360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487
management, reduced landslide potential into Dabob Bay and associated shellfish and fish spawning
areas.
2. Olympic Discovery Trail Eaglemount Link ROW easement(Jefferson County Environmental Health, in
partnership with Peninsula Trails Coalition)
Location:Adjacent to SR 20,west of the Eaglemount/SR 20 intersection
Ownership/Stewardship: Peninsula Trails Coalition (PTC)will transfer ownership of the easement to
Jefferson County after initial trail construction is complete.Stewardship and maintenance of the trail
would be performed by PTC volunteers.
Size: 2.4 acres
Total Project Cost:$86,225
CF Funds Requested:$43,312.50(50%)
Match:$43,312.50, Peninsula Trails Coalition(50%match)
Why Protection is needed and what resources are protected: The de facto current connection of the
Olympic Discovery Trail is SR 20,which is devoid of shoulders making the route extremely dangerous for
cyclists and pedestrians. Preserving the project area for a future trail alignment (most of the area will be
preserved and managed as conifer forest)will make it possible to utilize a significant portion of an
historic and still County-owned ROW. Both will help link the Olympic Discovery Trail at Discovery Bay to
the newly completed Four Corners/Anderson Lake portion of the trail. Acquisition of the easement will
also prevent further activities on an unstable slide area along SR 20.The trail alignment through the
property will provide significant opportunities for pedestrians and bikers and allow them to avoid a very
dangerous section of SR 20.
Benefits to Jefferson County:The project will preserve the opportunity to link sections of the Olympic
Discovery Trail through a very constrained area with difficult terrain thereby eliminating an unsafe travel
route for pedestrians and cyclists on SR 20.A future trail through the area would provide recreational
opportunities for thousands of County residents. It will also provide for improved forest habitat
management.The preservation of the ROW is consistent with and helps implement the County's
Comprehensive Plan.
Protect Score Review
Each eligible member of the CFFCOC scored each project utilizing a series of questions that accompany
the application.The maximum possible score for 2026 project applications was 214 points(100%).The
committee reviewed the composite scores for both submitted applications:
East Dabob Bay Acquisition: average composite score of 193 points(76%)
Olympic Discover Trail Eaglemount Link ROW: average composite score of 152 points (60%)
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487
The CFFCOC Program Manual that guides project scoring establishes 70%of the maximum possible
points as the automatic eligibility threshold for funding consideration.The Manual also acknowledges
that unique and important projects can be recommended for funding even if they do not meet the 70%
threshold, with additional supporting rationale.The East Dabob Bay Acquisition project, with a
composite score of 76%, met this threshold.The Eaglemount Link ROW-Olympic Discover Trail project
did not.
Committee Discussion Regarding Project Criteria
Many of the Members of the CFFCOC have recognized for the past several years that the scored
questions may be skewed towards certain types of projects and are difficult and confusing to use for
some of the wide variety of projects that could be submitted for CF funding.These include projects
focused on: cultural/historic properties,viewsheds, passive recreation, and similar types of projects that
fit within the Open Space definition for Conservation Future Fund use in RCW 84.34.020 and the
Jefferson County Conservation Futures Code (JCC 3.08).
The committee engaged in an in-depth discussion regarding the suitability of the current CFF scoring
criteria for evaluating passive recreation and trail ROW related projects. Some members observed that
the existing score sheet heavily emphasizes agricultural and habitat conservation values and contain few
criteria directly applicable to passive recreation and other types of acceptable projects. Members also
noted that projects providing significant recreational or public access benefits may receive
comparatively low scores despite high public benefit values.
The discussion also focused on whether Conservation Futures Funds should be used for projects that
could result in significant but passive public use. Some members expressed concern that funding the
protection of a trail ROW might be a step towards changing the County CF program's focus away from
traditional resource conservation and habitat protection.
The committee further discussed important distinctions between "active recreation" projects(e.g.
athletic fields, golf courses,etc.),which are clearly inconsistent with the intentions of RCW 84.34 and
the Conservation Futures section of the JCC, and "passive recreation" projects (e.g.trails for walking and
non-motorized-travel, areas for birdwatching, traditional food and fiber gathering, etc.).The majority of
the committee agreed that passive recreation projects are consistent with the program's open space
conservation purpose.
In the motion to recommend the Eaglemount Link ROW-Olympic Discovery Trail project, it was
emphasized that this project would permanently protect a ROW(in a very difficult area for safe trail
connectivity) but would not help fund trail construction, and would provide significant benefits to a wide
range of Jefferson County Residents. It was also noted that a trail in this location would significantly
improve the safety and continuity of the Olympic Discovery Trail connection from Discovery Bay to Port
Townsend.The motion to make the Eaglemount Link ROW-Olympic Discovery Trail eligible for funding
consideration passed,with one member voting against.
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community f) 360-379-4487
Eligibility and Ranking Determination
The committee reviewed available funding and applicant requests:
Total funding estimated available at the time of CFFCOC recommendation: $420,000
East Dabob Bay Acquisition request: reduced from $420,000 to$395,000 due to additional
matching funds secured from other sources
Olympic Discovery Trail Eaglemount Link request: $43,312.50
Total requested amount: $438,312.50
The committee unanimously voted to recommend funding for both projects,as follows:
1. Fully fund the East Dabob Bay Acquisition project in the amount of$395,000; and
2. Allocate any remaining available funds, including reserve funds if appropriate and available,to
the Olympic Discovery Trail Eaglemount Link project, up to the requested amount of$43,312.50.
Based on current funding information,the total amount of funding available for new project allocation
in 2026 is determined to be$459,640.24.Therefore,there are sufficient funds available to fully execute
the committee's recommendation for funding both projects at the full amount ($438,312.50).
The CFFCOC requests that the Board of County Commissioners consider both the funding
recommendations and the broader policy discussion regarding how passive recreation,trail ROW and
other non-traditional but specifically recognized uses for CF Funds are evaluated within the
Conservation Futures Fund framework for future funding cycles.
Respectfully submitted,
t.
k-" .cr-,,—,*-- tes..---1_,
R
Ron Rempel
CFFCOC Chair
EAST
SON e
w
44
G2a
2026 Jefferson County Conservation Futures Fund Program
Ncs"
Yo Property Acquisition Project and/or
Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply
to the project. Unless directed otherwise, use as much space as needed to answer each question. Contact
program staff at(360)385-9444 or tpokorny(oico.iefferson.wa.us with questions.
Background and Eligibility Information
1.Project Title East Dabob Bay Acquisition
2.Conservation Futures Fund acquisition request amount($):420,000
Conservation Futures Fund O&M request amount($): 0
3. Total Conservation Futures Fund request amount($): 420,000
4. Please indicate the type of interest contemplated in the acquisition process.
X Fee-simple acquisition Conservation Easement Other(Please describe below.)
In whose name will the Property title be held after acquisition? Northwest Watershed Institute
5. Applicant Information
Name of Applicant or Organization: Northwest Watershed Institute
Contact: Peter Bahls
Title: Executive Director/Conservation Biologist
Address: 3407 Eddy Street, Port Townsend,WA 98368
Phone: (360) 821-9566
Email: peter@nwwatershed.org
6. Sponsor Information: (f different than applicant)Same
Organization Name:
Contact:
Title:
Address:
Phone: . Fax: ( )ext.
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.)on
February 26, 2026
1
2026 CFF Program Application
7. Project Location
Street Address or Description of Location:
930 Dellwood Road,Quilcene, WA
Section: 34 Township: 27 North Range: 1 West Govt Lot 2
Driving Directions from Port Townsend: Coyle Road south to Dellwood Road. Enter gate code to proceed
on Dellwood Road,take first right into DNR land and continue west to Property.
Assessor's Parcel Number(s): 701- 341-004
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CFF funds or used as match. The parcel is to be acquired with CF funds.
Please list the assessed values for each Property or APN, as applicable.
701-341-004=$840,724
8. Existing Conditions
New CFF Project Site: Yes X No Number of Parcels: 1
Addition to Existing CFF Project Site: Yes No X Acres to Be Acquired: 41.83
Total Project Acreage(if different): Current Zoning: 1 per 20
Existing Structures/Facilities: 2 outhouses,various camping trailers and decks(all to be removed)
Any current covenants, easements or restrictions on land use: No
Current Use: Vacant land
Waterfront (name of body of water): Dabob Bay
Shoreline(linear feet): 1403
Owner Tidelands/Shorelands: WDFW
9.Current Property Owner X is _is not a willing seller.
Project Description
10. In 1,000 words or less, provide a summary description of the project, the match, and why you think preserving
this Property is important. Name three top objectives for the Property(other than those related to funding).
Include information about the physical characteristics of the site that is proposed for acquisition with
Conservation Futures Fund Program funds including: vegetation, topography,surrounding land use, and
relationship to parks,trails, and open space. Describe the use planned for the site, any development plans after
acquisition(including passive development),characteristics of the site which demonstrate that it is well-suited to
the proposed use, and plans for any structures currently on the site. If applicable, describe how the site project
relates to a larger conservation program(please identify), and whether the project has a plan,schedule and
funding dedicated to its completion.Please also list any important milestones for the project or critical dates, e.g.
grant deadlines. List the dates and explain their importance. Please attach a spreadsheet of the budget.
2
2026 CFF Program Application
Background,goals, and objectives
Since 2002, Northwest Watershed Institute (NWI),Jefferson Land Trust, and over 40 partnering
organizations have been working on a landscape scale project to protect and restore the Tarboo-
Dabob Bay watershed, with over 4,000 acres conserved to date along Tarboo Creek and within the
state's Dabob Bay Natural Area.The three main objectives of the conservation effort are to: 1)
protect and restore the stream and wetland corridor,from the headwaters of Tarboo Creek to
Dabob Bay, 2) conserve uplands for sustainable forestry, 3) preserve lands within the Dabob Bay
Natural Area.
For this project, NWI proposes to acquire and permanently protect a 42-acre undeveloped shoreline
parcel within the boundaries of the Dabob Bay Natural Area (the "Olson Property" or"Property").
The Olson Property adjoins DNR Natural Area land to the east. The Property includes steep,forested
slopes with some feeder bluffs as well as low bank waterfront and one-quarter mile of shoreline and
beach as well as a fish-bearing stream in a steep ravine. NWI is proposing to permanently conserve
the Property and prepare a stewardship plan to address forest and shoreline restoration needs.
Conservation of the Property is an important part in the larger landscape scale conservation effort to
conserve fish, wildlife, water quality and habitat connectivity of the Dabob Bay ecosystem.
Proposed uses
The Property will be owned and managed by NWI and permanently protected from development
and commercial logging under county and federal deed restrictions.The county's required deed
restriction language will be added to the Statutory Warranty Deed (SWD) and a U.S. Fish and Wildlife
Service Conservation Covenant and Navy REPI restrictive easement will be recorded on title. Future
stewardship and restoration activities, not part of this proposal, will be detailed in the Stewardship
Plan and will likely include removal of the bulkhead rocks and shoreline re-vegetation, road
maintenance or decommissioning with advice from geotechnical expert, and underplanting native
conifers in hardwood dominated stands. NWI plans to provide field trips to school groups and
community groups to educate the public about Dabob Bay, with access by boat or road.
Critical dates and urgency
NWI has secured an agreement with the Olson's to purchase the Property by June 30, 2026. Since
Conservation Futures funding cannot be approved by June, if the seller is not willing to grant a three-
month extension, an NWI supporter will provide a short-term loan to NWI to meet the June 30, 2026
closing deadline. Conservation Futures funding is critical to provide the final piece of funding
necessary for the NWI purchase. Otherwise the owners intend to sell the Property for residential
development.
11. Estimate costs below, including the estimated or appraised value of the propert(ies)or Property right(s)to be
acquired, even if Conservation Futures Fund funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies)to be Acquired: $1,700,000
Total Estimated Acquisition-related Cost(see Conservation Futures Fund Manual for eligible costs): $45,000
3
2026 CFF Program Application
Total Operation and Maintenance Cost: $4,000
Total Project Cost: $1,749,000
Budget
JCCF Match to
Request JCCF Total Cost Timeline
Acquistion
Olson Property- Fee Simple 420,000 1,280,000 1,700,000 Oct-26
Acquisition Related Costs:
Appraisal 15,000 15,000 Mar-26
Legal review 3,000 3,000 Mar-26
Closing costs 3,000 3,000 Oct-26
O&M
Baseline/Stewardship Plan 4,000 4,000 Dec-26
Project management and administration 24,000 24,000 Jan 25 to Dec-26
Total Project Costs 420,000 1,329,000 1,749,000
Percent JCCF match 76%
Basis for Estimates(include information about how the Property value(s)was determined, anticipated acquisition-
related costs, general description of operation and maintenance work to be performed,task list with itemized
budget, and anticipated schedule for completion of work):
Estimate of fair market value is $1,700,000 based on a restricted appraisal report by Chad Johnson,
SH&H Appraisal, dated December 31, 2025 (see Supplemental Materials) and confirmed in a full
report appraisal to federal USPAP standards completed on March 19, 2026. Federal grants funding
also requires that a review appraisal be completed by a second independent appraiser.The review
appraisal is being conducted by The Eastman Company and is due for completion in early April 2026.
A Navy REPI restricted easement appraisal to value the development rights commissioned by
Jefferson Land Trust is due for completion by end of March, 2026.This appraisal requires review and
approval by the Navy staff appraiser.
For this project, NWI requests that the eligible time period for counting match funding shown above
start on October 1, 2025 to include some legal review, appraisal, and project management costs
already incurred.
For all 0 & M requests, complete question #14.
Scored Questions
4
2026 CFF Program Application
1. To what degree does the project leverage contributions for acquisition from groups, agencies or
individuals?
Sponsors or other organizations are required to contribute to acquisition of the proposed site and/or operation and
maintenance activities.
1 a. Please describe below how contributions from groups or agencies will reduce the need to use Conservation
Futures Fund program funds.
1 b. Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested 420,000 0 24%
Matching Funds/Resources* 1,329,000 0 76%
Total Project Acquisition Cost 1,749,000 0 100%
If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the Property being considered for
acquisition.
1 c. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now?when?
National Coastal Grant $629,000 Yes No 2026 Yes No 2026
Navy REPI easement 675,000 Yes No 2026 Yes No 2026
Private donations 25,000 Yes No 2026 Yes No 2026
NOTE: Fifty percent(50%) matching funds are required, and a higher rating will be assigned to those projects
that guarantee additional resources for acquisition. Donation ofProperty or a Property right can be
considered as a matching resource. Donation of services for on-going maintenance or stewardship("in-kind"
labor contributions) are not eligible as a match.
2. To what degree has the project sponsor identified the long-term stewardship issues for the
proposed project?
2 a. Identify any factors,threats,or stressors that could negatively affect the project's conservation values and/or
community benefits if the Property is not conserved.
If not conserved,the owners plan to sell the Property,allowing development of up to four
residences (2 house and 2 ADUs)on two parcels with associated clearing and road building. Potential
impacts include: destruction of marine shoreline and forest habitat, landslide impacts to Dabob Bay
shorelines,degradation of nearshore habitat due to bulkhead construction, and pollution of Dabob
Bay from stormwater runoff,septic, lawn chemicals, pets,and other sources.
2 b.Describe the management strategies that the stewardship plan will include to address these identified factors,
threats, or stressors, including any actions planned to make these negative outcomes or impacts less likely.
5
2026 CFF Program Application
The Property will be protected in its natural condition with no commercial logging or development
permitted. NWI will prepare a stewardship plan to address potential restoration needs, including
Property cleanup, invasive species removal,forest thinning, underplanting of conifers in hardwood
areas,shoreline riprap removal and re-vegetation,and treatment of existing roads to minimize
potential erosion.
2 c. Describe any existing water rights, and current uses of water. Identify any conservation values currently being
protected that are dependent on these sources of water.
The Property has an existing residential well that is unpermitted.
3. To what degree has the project sponsor demonstrated effective long-term stewardship of a
similar project?
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
Northwest Watershed Institute is a nonprofit conservation organization that provides scientific,
technical and on-the-ground support for watershed restoration and has been conducting habitat
stewardship and restoration projects in the Tarboo watershed, including the Dabob Bay Natural
Area,for over 21 years. NWI employs conservation biologists and professional restoration field crew
and has extensive experience stewarding and managing the Tarboo Wildlife Preserve and other
properties using professional staff, experienced field crew,contractors, and volunteers.
3 b. Has the project sponsor and/or applicant been involved in other projects previously approved for
Conservation Futures Fund funding?
No,neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures Fund funds.
X Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures Fund funds. Please provide details:
Yes. NWI has been involved in thirteen previous successful Conservation Futures funded projects in
the Tarboo watershed including nine conservation easement projects completed jointly by NWI and
JLT and four fee simple projects by NWI. NWI finished both projects funded in 2025: the Upper Yarr
Creek Project and the Toandos Forest Acquisition Project(except for second year stewardship
activities).
4. To what degree is the project a part of an adopted open space, conservation,or resource
preservation program or plan that was open to public review and comment, or identified in a
community conservation effort that provided opportunities for public input?
The proposed acquisition:
X is specifically identified in an adopted open space, conservation, or resource preservation program or plan,or
community conservation effort,that provided opportunities for public review and comment. Please describe
6
2026 CFF Program Application
below, including this project's importance to the plan. Please also reference the website of the plan if available or
include the plan with this application.
complements an adopted open space or conservation plan that was open to public review,but is not specifically
identified. Please describe below, and describe how the proposed acquisition is consistent with the plan.
is a stand-alone project,or part of a project that was not open to public review.
The Property is within the approved boundaries of Washington State's Dabob Bay Natural Area
that was established after many public hearings and with extensive public input.The boundary was
established to identify the area where DNR and partners want to prioritize acquisition of private
lands from willing owners for permanent conservation as part of the Natural Area.
The Dabob Bay Natural Area boundary has been expanded three times since 2008 after public
hearings, scientific review, and with broad and strong public support. The proposed Property is
included in the 2nd expansion in 2016 that resulted from scientific assessment by DNR's Natural
Areas biologists, several public hearings in Jefferson County with extensive opportunity for public
input, review and approval by DNR's Natural Heritage Advisory Council, and approval by the State
Commissioner of Public Lands.
Jefferson Land Trust's Jefferson County Conservation Plan (2010), that underwent public
participation and review, generally identifies the Property as within a priority habitat conservation
area. https://www.saveland.org/wp-
content/uploads/2016/06/2010 JLT ConservationPlan LoRes.pdf
The Property is more specifically included within the priority Dabob Bay area of the Tarboo
Creek/Dabob Bay Implementation Strategy, a Sub-Plan of JLT's Jefferson County Conservation Plan
2010).
The Property is a top priority in Northwest Watershed Institute's Tarboo Watershed Conservation
Strategy to protect and restore lands within the recently expanded boundaries of the Dabob Bay
Natural Area (Objective 2) http://www.nwwatershed.org/tarboo-watershed-conservation-
strategy.htm I
The proposed properties are within a priority terrestrial conservation area identified and mapped in
the Willamette Valley- Puget Trough- -Georgia Basin Ecoregional Assessment(2004 Floberg et al).
This priority area includes much of the Tarboo and Thorndyke watersheds. The Ecoregional plan,
developed by Washington Department of Fish and Wildlife and The Nature Conservancy, is one of
the primary conservation plans for Puget Sound and has received extensive public and scientific
review.
5. To what degree does the project conserve opportunities which are otherwise lost or threatened?
5 a. The proposed acquisition site X does does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
7
2026 CFF Program Application
5 b. If applicable,please carefully describe the nature and immediacy of the threat, and any unique qualities about
the site.
The proposed acquisition will provide a significant conservation opportunity that will be otherwise
by lost in the next year. If Conservation Futures grant funding is not secured,the owners plan to list
the Property for sale for residential development,with potentially long term impacts not only on the
Property's forests and wildlife and fish habitat, but on adjacent state-owned tidelands and shellfish
beds.
The sellers are giving NWI until June 30,2026 to purchase the Property under a signed purchase
agreement(see Supplemental Materials). If sellers are not willing to grant an extension to closing,an
NWI supporter will provide a short-term loan to allow NWI to purchase the Property.
6. Are the conservation values of the project commensurate with or greater than the amount of
CFF funds requested, and will both the timeframes for meeting project objectives and associated
metrics demonstrate achievement of the conservation objectives?
6 a. Summarize the project's conservation values and how the CFF funds requested support these values.
The project's conservation values are extremely high relative to CFF funds requested because: 1)the
Property's large size, undeveloped forest,wetlands, marine shoreline, and freshwater stream,and
vulnerability to development impacts represent high conservation value,and 2)CCF funds are
providing only 24%of the full cost of the acquisition.
CCF funds will allow the final piece of funding needed to acquire the Property and protect the
significant conservation values.
6 b. Summarize how the project's conservation values are related to the project's specific objectives.
The project's conservation values include: 1) undeveloped forested slopes and one quarter mile of
shoreline that help maintain the high-water quality of Dabob Bay and habitat of the adjoining state-
owned tidelands and nearshore, 2) opportunities for outdoor education at Dabob Bay,3)tribal
cultural resources found only in native forest and adjoining tidelands,4)forest carbon storage,5) a
variety of freshwater, marine and forest habitats supporting landscape scale biodiversity and wildlife
connectivity.These conservation values are well served by the project objective to acquire and
permanently preserve the Property.
7. To what degree does the project preserve habitat for flora and fauna other than habitat for
anadromous fish species?
7 a. X provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal
NOAA and USFWS)Candidate,Endangered, Threatened or Sensitive species (provide list and references).
7 b. X provides habitat for native flora and fauna. Identify the documented habitat(s)and native flora or fauna
species that will be protected by the project.
7 c. X contributes to a wildlife corridor or migration route identified by Washington Connectivity Working Group
or other peer-reviewed source.
8
2026 CFF Program Application
If affirmative in any of the above,please describe and list the Priority Habitat(s)and Threatened,
Endangered, or Sensitive species below, and cite or provide documentation of species'use.'Peer-reviewed
citations/sources are preferred, but others may be considered if they are of substantially equal quality and
appropriately attributed.
Priority and Listed Species
Western toad (near) State Candidate and Federal Species of Concern
Pileated woodpecker (on site) State Candidate
Fisher(near) State Endangered
Observed on-site or within 2 miles by Peter Bahls or Keith Lazelle, NWI
Listed Species benefited downstream in Olson Creek
Puget Sound steelhead (possible) State Candidate and Federal Threatened
Hood Canal coho salmon (possible) Federal Species of Concern
Estimated based on habitat assessment by Peter Bahls, Fish Biologist, NWI
Listed Species benefited in Tarboo-Dabob Bay
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Sources:Juvenile Chinook and Hood Canal summer chum salmon documented in Taboo-Dabob Bay in nearshore fish
surveys including:
Bahls,2004. Fish Distribution and Abundance in Shallow Intertidal Habitats of Tarboo and North Dabob Bay at
https://www.nwwatershed.orgiuploads/pdf/tarbooFishSurvey.pdf
Daubenberger. 2014. Mapping Nearshore Nodal Habitat of Juvenile Salmon in Hood Canal at https://psp.nwifc.org/wp-
content/uploads/2014/10/Mapping-Nearshore-Nodal-Habitat-of-Juvenile-Salmonids-within-Hood-Canal-and-Eastern-Strait-
of-Juan-de-Fuca-2011-12.pdf
Wait et al. 2018. Hood Canal Juvenile Chum Salmon Nearshore Habitat Use Assessment at
https://wildfishconservancy.org/wp-content/uploads/2022/11/WFC 2018-Hood-Canal-Juvenile-Chum-Salmon-Nearshore-
Habitat-Use-Assessment Report-to-the-US-NAVY.pdf
Provides habitat for a variety of native flora and fauna
Protection of the parcel will protect a diversity of intact, high quality habitats for native flora and
fauna: beach, marine shoreline,freshwater wetlands, stream and riparian, and several forest types.
These habitats support a high diversity of fish, bird, amphibian, and mammal species that occur in
Pacific Northwest forests, including resident and searun cutthroat trout and other potential
salmonids in the stream, ESA listed juvenile Hood Cana summer chum salmon and Puget Sound
Chinook in the nearshore on the Property and adjoining state-owned tidelands, western toad,
See, for example,
https://wdfw.wa.gov/sites/default/files/publications/01742/wdfw01742.pdf
https://www.dnr.wa.gov/NHPlists
https://www.dnr.wa.gov/publications/amp_nh_conservation_status.pdf
9
2026 CFF Program Application
amphibians, bats, bear, cougar, blacktail deer, and neo-tropical migratory birds of the marine
shoreline and forest.
Wildlife corridor
The Property is a critical piece of the long-term effort to protect a significant wildlife corridor from
the headwaters of Tarboo Creek downstream and around Dabob Bay. Specifically,the Property has
unique value in adjoining a large tract of DNR Natural Area to the east and state-owned tidelands to
the west, providing a protected corridor between the uplands and the bay. Development of the
parcel would impact the wildlife corridor through both habitat impacts and potentially significant
disturbance from people, dogs and cats from up to four additional residential sites.
8. To what degree does the project protect habitat for anadromous fish species?
8. Describe to what degree the project protects habitat for anadromous fish species (for example: marine
shorelines, stream or river corridors including meander zones, and riparian buffers). Please provide documentation
and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat.
The Property extends westward onto the beach at least 50 feet based on a WDFW survey of the
adjoining tidelands.The beach portion of the Property and WDFW tidelands are juvenile rearing
habitat for ESA listed salmonids, based on nearshore surveys (Bahls 2004, PNPTC 2015,WSC 2019).
Olson Creek runs through the south end of the Property into Dabob Bay and provides salmonid
habitat as well.
Anadromous Fish Species benefited in Olson Creek (NWI estimate):
Puget Sound steelhead (possible) State Candidate and Federal Threatened
Hood Canal coho salmon (possible) Federal Species of Concern
Fall chum salmon (possible)
Resident and searun cutthroat trout
Western Brook lamprey (likely) Federal Species of Concern
Species benefited in Tarboo-Dabob Bay nearshore (documented habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Searun cutthroat trout
Sources:Juvenile Chinook and Hood Canal summer chum salmon documented in Taboo-Dabob Bay in nearshore fish
surveys including:
Bahls,2004. Fish Distribution and Abundance in Shallow Intertidal Habitats of Tarboo and North Dabob Bay at
https://www.nwwatershed.org/uploads/pdf/tarbooFishSurvey.pdf
Daubenberger. 2014. Mapping Nearshore Nodal Habitat of Juvenile Salmon in Hood Canal at https://psp.nwifc.org/wp-
content/uploads/2014/10/Mapping-Nearshore-Nodal-Habitat-of-Juvenile-salmonids-within-Hood-Canal-and-Eastern-Strait-
of-Juan-de-Fuca-2011-12.pdf
Wait et al. 2018. Hood Canal Juvenile Chum Salmon Nearshore Habitat Use Assessment at
https://wildfishconservancy.org/wp-content/uploads/2022/11/WFC 2018-Hood-Canal-Juvenile-Chum-Salmon-Nearshore-
Habitat-Use-Assessment Report-to-the-US-NAVY.pdf
10
2026 CFF Program Application
9. To what degree does the project preserve farmland for agricultural use OR preserve forestland
for forest management?
9 a. Describe the extent and nature of current and planned agricultural use or forest management activities of the
proposed acquisition, including any anticipated changes to that use once the Property,or Property right, is
acquired with Conservation Futures funds.
The project preserves forestland for management to restore older forest habitats. Although no
commercial forestry will be permitted,the stewardship plan will focus on forest management
activities such as invasive species removal, possible road decommissioning, planting native species
such as underplanting conifer in hardwood stands, and tree thinning(non-commercial) as needed to
help restore long-term structural and species diversity to the forest.
9 b. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
The parcel is extremely vulnerable to potential logging and development impacts due to the steep
slopes along Dabob Bay and a freshwater stream. The proposed acquisition will prevent residential
development,clearing, commercial logging,and other activities that could cause landslides,
stormwater runoff,wildlife disturbance and habitat destruction,and impairment of watershed
functions.The project will permanently protect the site and the stewardship plan will address
various restoration needs.
9 c. Does this project preserve a mix of quality farmland and forestland?
The Property is extremely important for preserving"farmland";where the definition includes all
forms of agriculture. Shellfish are the largest agricultural export from Jefferson County.The shellfish
industry is also the largest employer in south Jefferson County.The proposed Property is critical for
long term preservation of the adjoining shellfish tidelands co-managed by the state and Tribes for
harvest by the public and four Tribes with reserved treaty rights within the Dabob Bay area.
10. To what degree does this project increase resiliency to and mitigation of climate change, and is
the project's scale significant in regards to increasing climate resiliency?
10. Describe how this project will increase resiliency to and mitigation of climate change. Is the project's scale
significant in regards to increasing climate resiliency?
With global heating underway,we can expect continued sea level rise, more severe winter storms
with larger rainfall events,and drier hotter summers.The proposed project will increase resilience to
such climate change by:
1) preventing logging or development of unstable and steep slopes that would make them even
more vulnerable to landslides and damage to water quality and shellfish beds.
2) allowing the shoreline to adjust to the rise in sea level rather than "protecting" it with
shoreline armoring that would impact nearshore habitats.
11
2026 CFF Program Application
3) protecting and restoring tree cover shading along the shoreline and stream to help minimize
summer stream and nearshore temperatures.
4) increasing species'flexibility in changing migration patterns and habitat ranges in relation to
climate impacts by protecting a large parcel connected to protected state land to the east and
the larger Dabob Bay Conservation Area.
5) storing significant amounts of carbon. Forests of the Pacific Northwest are among the best in
the world for sequestering and storing carbon. In general, every acre of a 60-year old forest
stores roughly the equivalent of 7 years of carbon emissions by the average American.
11. What area does the project serve?
11 a. Describe how the proposed acquisition benefits primarily a local area X broad county area including the
area served, the nature of the benefit, the jurisdictions involved, and the populations served.
The proposed project benefits a broad county area because it will help protect Dabob Bay, which has
been recognized as a state and national priority for conservation due to its diverse estuarine habitats
and valuable shellfish production.The project is also a key part of a larger scale conservation project
that extends from the headwaters of Tarboo Creek to the state's Dabob Bay Natural Area.
11 b. Is the project located in an area that is under-represented by CFF funded Projects?Areas that Conservation
Futures has not been able to support to date include, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula,
and the West End.
Yes, the project is located on the Toandos Peninsula, an area under-represented by CFF funding. Only
one prior project has been completed on the Toandos peninsula or at Dabob Bay (Hough property in
2025).
12. To what degree is the applicant committing to providing educational opportunities,
interpretive opportunities, and/or serve as a general community resource that does not reduce the
conservation value(s) of the project?2
12. Describe the educational or interpretive opportunities that the applicant will provide for public access,
educational or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide
those improvements and any plans for public accessibility that will not reduce the conservation value(s) of the
project.2 Provide the time frames when each of the above will be implemented.
The Property will serve as an important and unique site for educating the public about Dabob Bay.
The site is accessible by boat by way of low bank waterfront or walk-in as a stop on NWI field tours.
NWI plans to develop a foot trail system to host workshops, tours and other public events to expand
understanding Dabob Bay. For example,this site is a potential stop on annual field tours that NWI
gives, including field trips for the WSU's Beach Naturalist and the Jefferson Land Trust Natural
History Society. With the rare opportunity for low bank waterfront access, NWI also has the
potential to use it as a site for student trips with NWI's Youth Environmental Stewards Summer
2 The words "education"and"interpretation"are interpreted broadly by the CFF Committee.
12
2026 CFF Program Application
Program, partnering organizations such as Port Townsend Maritime Center's Long Boat program, and
Hood Canal Salmon Enhancement Group's summer program.
As described in the letter from the Port Gamble S'Klallam Tribe,the Property will also serve an
important educational purpose as a place for the Tribes to pass on cultural traditions of sustainable
gathering of shellfish and forest plants used for food, medicine and ceremonial purposes.
13. To what degree does the project preserve historic or culturally significant resources3?
13. The proposed acquisition
includes historic or culturally significant resources.
is registered with the National Register of Historic Places,or an equivalent program.
X is recognized locally has having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
none of the above.
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical
cultural resources and how CF funds will be used for their preservation.
Please see letter from Laura Price, Cultural Resources Director for the Port Gamble S'Klallam Tribe,
that attests to the importance of this Property for preserving and restoring cultural resources
including native forest and the adjacent state tidelands which are managed for shellfish harvest by
the Tribes under co-management with the state.
The Port Gamble S'Klallam Tribe,Jamestown S'Klallam Tribe, Lower Elwha S'Klallam Tribe,and
Skokomish Tribe are signatories to the Point No Point Treaty and retain the right to hunt and gather
within their Usual and Accustomed Area, including the Tarboo watershed. These tribes continue to
rely upon a diversity of intact ecosystems in the region as they have for thousands of
years,as places where they gather traditional food, medicine, and materials for use in all aspects of
their cultural life, including social and religious. If funded,the project will permanently conserve
the forest and help protect adjoining shellfish tidelands to allow sustainable harvest and gathering
and maintain tribal cultural traditions.
All 0 & M Fund Requests:
14. Applications for Operation and Maintenance funding to be scored on a scale of 1-100 based on
information provided. Consider the CFF Manual and the topics below, for example:
N/A. Not a stand-alone O&M Fund Request.
3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW.
13
2026 CFF Program Application
Verification
15. Sponsor commitments:
Sponsors of projects that are approved for funding by the Board of County Commissioners are required to submit
an annual report by December 31 every year for three years after the award is approved,or three years after the
acquisition funds are disbursed to the applicant, whichever is later. The annual report shall address any changes in
the project focus or purpose, progress in obtaining matching funding,and stewardship,operations, and
maintenance activities. Sponsors receiving 0& M funds are required to submit an annual report for each year
that O&M funds are expended.
15 a. If this project is approved for funding, I understand the sponsor is require to submit annual reports for three
years and for any subsequent year in which 0& M funds are expended. Initials 07/4 Date
If, three years after the date funding is approved by the Board of County Commissioners,the project sponsor has
not obtained the required matching funds to implement the project,the CFFCOC may request the Board of
County Commissioners to nullify their approval of funds, and may require the project to re-apply.
15 b. If this project is approved for funding, I understand that the sponsor, may required to submit the
application if necessary matching funding is not secured within three years. ((+j Initials l _iT/ ate
15 c. The sponsor has reviewed all project requiremen s and I certify that all of the information in the application
is true and accurate to the best of my knowledge. O Initials 2/2 Rate
15 d. I understand that the sponsor commits to providing long-term stewardship to achieve the conservation and
protection goals of the project as proposed in this application. /fit Initials Z/Z p!to
13
2026 CFF Program Application
Tarboo Watershed &
04 , Dabob Bay Natural Area
lj Dabob Bay Natural Area
tP Dabob Bay Natural Area and Tarboo
Watershed
Parcel Ownership
0 NWI Type
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Figure 1. Proposed "Olson" acquisition is the northern parcel shown with others that are part of a larger
project within the Tarboo watershed and Dabob Bay Natural Area, Jefferson County, WA.
Dabob Bay Natural Area
Dabob Bay Natural Ares Aquatic Lands
Parcel Ownership
Owner
WWI Type Northwest Watershed
Institute
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Figure 2. Proposed Olson property acquisition within the Dabob Bay Natural Area.
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Figure 3. The proposed Olson parcel adjoins DNR Natural Area (green). The DNR trust lands (brown) within
the 2024 expanded boundary are in process for protection as Natural Area.
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LEGEND
Jefferson County parcels MSA Data Fish stream;Type F
Olson parcel Emergent wetlands --- Rock-filled drainage ditch
Elevation countours Total 0.79 acres) • Water seeping from hillside
Forested wetlands
total 3.49 acres) Map Date 6/10/25.
MSA data GPS located only,not surveyed by a licensed professional
land surveyor.
Map Credits:Esri imagery,USGS topo,Jefferson County Parcel data Some features'tapped from LiDAR and/or DNR Hydrography data.
A
Olson Property - Wetland Survey 0 100 200 ft - .'
Jefferson County Parcel#701341004
Figure 4. Olson Property showing wetlands identified by Marine Survey and Assessment, Inc.
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Figure 5. Critical Areas map of the Olson property showing moderate (orange) and high (red) landslide risk
areas and fish bearing (red) and non-fish bearing (turquoise) streams.
ter HEALTH Shellfish Safety Information
Last Update Fri 27 Feb 2026 03.01 29 PDT
Washington shellfish resources are managed by both
the DOH(safety&water Quality)and WDFW(harvest El
regulations)
Beach Status
All areas are closed for the recreational t sport)harvest
of scallops due to biotoxins ullcene
Public Shellfish Beaches (click beaches for info I
s
1
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Elm WDFW Harvest Seasons Closed u
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044OBeachEndPointsOPr0'e
Marino Blotosin Closure Zones (click area for info)
j Closed for Butter and Varnish Clams only
Water Quality Classification (click area for info)
Approved
Conditionally Approved
Unclassified
1111S
Closed Due to Pollution r
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Figure 6. The property adjoins the "Silent Beach" state owned tidelands shown as dark green line.
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Figure 8. Shoreline view of Olson Property with some horsetail wetlands in foreground and 1/4 mile of
shoreline. The property actually goes to the Meander Line which is approximately 50 feet out on the beach.
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2026 Jefferson County Conservation Futures Fund Program
Nc;\ Property Acquisition Project and/or
Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer"N/A"for questions that don't apply to
the project. Unless directed otherwise, use as much space as needed to answer each question. Contact program
staff at(360)385-9444 or tpokorny@co.jefferson.wa.us with questions.
Background and Eligibility Information
1. Project Title Olympic Discovery Trail Eaglemount Link
2. Conservation Futures Fund acquisition request amount($): $43,312.50
Conservation Futures Fund O&M request amount($):
3. Total Conservation Futures Fund request amount($): $43,312.50
4. Please indicate the type of interest contemplated in the acquisition process.
Fee-simple acquisition X Conservation(ODT Trail)Easement _Other(Please describe below)
In whose name will the property title be held after acquisition?Jefferson County(easement only)
5. Applicant Information
Name of Applicant or Organization: In partnership with Peninsula Trails Coalition
Contact: April Bartlett
Title: Informal volunteer
Address: 1275 State Route 20 Port Townsend, WA 98368
Phone: (479)595-9050,ext. Fax: ( )ext.
Email: 41ife.aprilbartlettagmail.com
6. Sponsor Information: (if different than applicant)
Organization Name: Jefferson County Public Health
Contact: Tami Pokorny
Title:Natural Resources Program Coordinator
Address: JCPH 615 Sheridan St.. Port Townsend.WA 98368
Phone: (360)316-9870, ext. Fax: ( )ext.
Email: tpokorny@co.jefferson.wa.us
This application was approved by the sponsor's legally responsible body(e.g., board, council, etc.) on
20 .
7. Project Location
Street Address or Description of Location: 1275 State Route 20 Port Townsend, WA 98368
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2026 CFF Program Application
Section: 19
Township: 29
Range:01 West
Driving Directions from Port Townsend:Exit the Haines Place Park and Ride south to W. Sims Way.Turn right
west)to Rte 20 W. Turn right after the U-Haul Moving and Storage to continue on Rte 20 W.Go 6.5 miles.
The driveway is the first right after the intersection with Eaglemount Rd. Park on the left as close as possible
to the first visible structure.
Assessor's Parcel Number(s):901193003
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CFF funds or used as match.
The current ownership will be retained during this initial project phase,but the parcel may be acquired and placed
into conservation in a subsequent phase. The proposed project is for an easement to provide for a section of the
Olympic Discovery Trail and to retain the existing second growth forest. This section of the trail would fill a
critical missing link within the City Lake to Fairmount Road section. Without this link,the only viable alternative
would be rerouting the trail to the south,adding 12 additional miles between Port Towsend and Discovery Bay.
This would greatly increase the time and expense to complete the ODT in Jefferson County.Please also see the
attached 2019 Alta Report,Olympic Discovery Trail-Eaglemount-Routes Recommendation.
Please list the assessed values for each property or APN,as applicable:Parcel in its entirety is assessed at
358.520. The easement is estimated to be appraised in the neighborhood of $50.000.
8.Existing Conditions
New CFF Project Site: Yes No Number of Parcels: 1
Addition to Existing CFF Project Site: Yes No Acres to Be Acquired: 1.7 or 2.4
Total Project Acreage(if different): Current Zoning:R5
Existing Structures/Facilities: Two large and two small structures including a home,utilities,driveway
Any current covenants,easements or restrictions on land use: A Geological Hazard Report from Stratum Group
attached)describes a deep-seated rotational landslide zone located outside of the proposed trail corridor and
easement area.
Current Use: Single family residence
Waterfront(name of body of water): Type 3 stream(smaller,fish bearing)flows north to Discovery Bay through
the eastern portion of the property,outside of the easement area.
Shoreline(linear feet):About 350
Owner Tidelands/Shorelands: Dane A. Schoonhover
9.Current Property Owner Xis a willing seller.
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2026 CFF Program Application
Project Description
10. In 1,000 words or less,provide a summary description of the project,the match,and why you think preserving
this property is important.Name three top objectives for the property(other than those related to funding).Include
information about the physical characteristics of the site that is proposed for acquisition with Conservation
Futures Fund Program funds including:vegetation,topography,surrounding land use,and relationship to parks,
trails,and open space.Describe the use planned for the site,any development plans after acquisition(including
passive development),characteristics of the site which demonstrate that it is well-suited to the proposed use,and
plans for any structures currently on the site.If applicable,describe how the site project relates to a larger
conservation program(please identify),and whether the project has a plan,schedule and funding dedicated to its
completion.Please also list any important milestones for the project or critical dates,e.g. grant deadlines.List the
dates and explain their importance.Please attach a spreadsheet of the budget.
Jefferson County Public Health seeks funding to acquire a trail easement across the property located at 1275 State
Route 20 in Port Townsend. The easement will accommodate the Olympic Discovery Trail(ODT)and represents
Phase I of a strategic effort to close a critical gap in the regional trail corridor.The immediate priority is securing
the easement to establish a properly sited,continuous connection between the Eaglemount and Discovery Bay
access points. The long-term vision is to acquire the underlying property,remove existing improvements,and
permanently protect the parcel as forested open space.No funding is requested from the Conservation Futures
Fund for trail construction or restoration activities.
The Olympic Discovery Trail(ODT)has envisioned a 130-mile multi-use trail designed for non-motorized use
that spans the north end of the Olympic Peninsula,connecting Port Townsend to La Push along the Pacific Coast.
As of now,about 90 miles of the trail are completed,with the remainder accessible via public roads.
The Peninsula Trails Coalition,a volunteer organization that coordinates with the 14 jurisdictions transited by the
ODT,has committed up to$43,312.50 in cash as matching funds toward easement acquisition. This contribution
demonstrates strong local investment and readiness to proceed immediately upon award. The current landowner
has provided time for trail partners to assemble funding for the easement or,preferably,fee-simple purchase but
he intends to place the property on the market by the end of 2026.At a minimum,securing the easement while a
willing seller is available is critical;failure to do so could significantly delay or permanently disrupt completion
of this trail segment.Without this connection,non-motorized users must navigate a hazardous section of SR-20,
where narrow,sloped shoulders present substantial safety risks for cyclists and pedestrians. This property
represents a pivotal missing link in the ODT alignment.Hazardous conditions for non-motorized travellers along
SR-20 prompted Jefferson County Public Works to commission the Alta Planning study to evaluate alternatives.
Securing the easement advances development of a safe,separated non-motorized corridor between key regional
access points and strengthens emergency preparedness by providing an alternative transportation route.
Ecologically,the easement area contains permeable soils,mature second-growth canopy,and intact native
understory vegetation that collectively function as a carbon sink and contribute to climate resilience. The layered
forest structure—including red alder,mature conifers, large maples,and diverse native shrubs and herbaceous
species—supports soil stability,moderates ground temperature,and provides habitat and forage for wildlife.
Restricting tree removal within the easement will preserve these ecological functions while accommodating a
sensitively designed trail alignment. Strategically located between the Eaglemount and Discovery Bay segments
3
2026 CFF Program Application
of the ODT,this parcel serves as an essential connector within a broader recreational and conservation landscape.
Protecting it will strengthen regional recreation infrastructure while complementing adjacent conservation efforts
and improving habitat continuity.
The easement terrain consists of forested land sloping north toward Discovery Bay.The topography can
accommodate development of a properly graded,multi-use trail with minimal disturbance.A fish-bearing stream
and ravine lie east of the proposed easement area and will not be impacted.The parcel is situated along SR 20
between rural residential areas and larger forested tracts,enhancing its value as both a recreational connector and
a habitat linkage.
The primary purpose of the easement is to establish permanent public access as part of the Olympic Discovery
Trail corridor,consistent with established trail development standards and incorporating recommendations from
Stratum Group.The site's soils,vegetation,and topography make it well suited for low-impact trail development.
No existing structures are located within the proposed easement area.
This project directly advances public health,climate-friendly transportation,and equitable access to outdoor
recreation.By eliminating the need for travel along the SR 20 shoulder,it will significantly improve safety while
expanding opportunities for residents and visitors to engage in non-motorized travel.Acquisition of the easement
is a time-sensitive and cost-effective step to ensure a viable ODT corridor between Port Townsend and Discovery
Bay.
11. Estimate costs below, including the estimated or appraised value of the propert(ies)or property right(s)to be
acquired,even if Conservation Futures Fund funds will only cover a portion of the total project cost.In the case of
projects involving multiple acquisitions,please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies)to be Acquired:
Total Estimated Acquisition-related Cost(see Conservation Futures Fund Manual for eligible costs): $43,312.50
for the Trail Easement
Total Operation and Maintenance Cost:Unknown at this time.
Total Project Cost: estimated at$86,625 for Easement
According to the recent tax assessment:
Land Valued at$235,814
House$123,764
Basis for Estimates(include information about how the property value(s)was determined,anticipated
acquisition-related costs,general description of operation and maintenance work to be performed,task list with
itemized budget, and anticipated schedule for completion of work):
For all 0 & M requests, complete question #14.
Scored Questions
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2026 CFF Program Application
1. To what degree does the project leverage contributions for acquisition from groups, agencies or
individuals?
Sponsors or other organizations are required to contribute to acquisition of the proposed site and/or operation and
maintenance activities.
1 a.Please describe below how contributions from groups or agencies will reduce the need to use Conservation
Futures Fund program funds.
Peninsula Trails Coalition will provide the matching funds to acquire the trail easement across the Schoonover
property.
1 b.Matching Fund Estimate Acquisition O&M
Conservation Futures Funds Requested 43.312.50Q%
Matching Funds/Resources* 43,312.50 50%
Total Project Acquisition Cost 86.625 100%
If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 c. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now?when?
Peninsula Trails Coalition 43.312.50 Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
NOTE: Fifty percent(50%)matching funds are required, and a higher rating will be assigned to those projects
that guarantee additional resources for acquisition. Donation ofproperty or a property right can be
considered as a matching resource. Donation of services for on-going maintenance or stewardship("in-kind"
labor contributions)are not eligible as a match.
Estimated Budget
Easement 50,000
Appraisal 10,000
Environmental Assessment $5,000
Closing/taxes/recording 2,500
Survey 10,000
Legal 5,000
Project management(5%)4125
TOTAL PROJECT COST $86,625
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2026 CFF Program Application
2. To what degree has the project sponsor identified the long-term stewardship issues for the
proposed project?
2 a.Identify any factors,threats,or stressors that could negatively affect the project's conservation values and/or
community benefits if the property is not conserved.
The proposed easement will occupy a north-facing slope consisting of permeable soils and maturing forest of
native hardwood and conifer species. Adjacent to the easement is an active deep-seated rotational landslide zone
described in the accompanying geologic hazard report.The loss of a rare opportunity to place the ODT in this
location is the greatest threat to its conservation value of public benefit.Excessive removal of mature trees from
the easement area is also a threat. If the land were sold,any new landowner may be less amenable to constructing
the Olympic Discovery Trail in this location."Trails contribute more than 8.2 billion to Washington's economy
annually. Supports more than 81,000 jobs every year,physical activities associated with trail use result in more
than 39 million of health savings annually.And,trials potentially provide 5.9 billion and environmental benefits
each year."(https://rco.wa.gov
Article Economy,Environment,and Health Benefits From Trails,Two New Studies)
2 b.Describe the management strategies that the stewardship plan will include to address these identified factors,
threats,or stressors,including any actions planned to make these negative outcomes or impacts less likely.
Jefferson County will continue and expand its partnership with the Peninsula Trails Coalition and its volunteers
and contractors to establish the easement and, later,to construct and maintain the trail on the subject parcel.The
Coalition is actively seeking a suitable partner and funding to acquire the property fee-simple,remove all
improvements and to improve the forests and help stabilize,where feasible,unstable slopes.
2 c.Describe any existing water rights,and current uses of water. Identify any conservation values currently being
protected that are dependent on these sources of water.
The nearby homesite is served by a permit-exempt well. There are no known water rights associated with the
easement area or larger property.No water use is envisioned as part of the trail easement project.
3.To what degree has the project sponsor demonstrated effective long-term stewardship of a
similar project?
3 a.Describe the sponsoring agency's previous or on-going stewardship experience.
Through its Public Works Department,Jefferson County established and stewards XX miles of multi-use trails for
public use and enjoyment, including portions of the ODT as well as the Larry Scott Memorial and Rick Tollefson
trails.
3 b.Has the project sponsor and/or applicant been involved in other projects previously approved for
Conservation Futures Fund funding?
No,neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures Fund funds.
X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures Fund funds.Please provide details:
Jefferson County has also sponsored CFF-funded acquisitions in the Quimper Wildlife Corridor and next to
Irondale Park.A project to acquire a number of recreational floodplain parcels along the Dosewallips River
was unsuccessful.
6
2026 CFF Program Application
4. To what degree is the project a part of an adopted open space,conservation,or resource
preservation program or plan that was open to public review and comment,or identified in a
community conservation effort that provided opportunities for public input?
The proposed acquisition:
is specifically identified in an adopted open space,conservation,or resource preservation program or plan,or
community conservation effort,that provided opportunities for public review and comment. Please describe
below, including this project's importance to the plan. Please also reference the website of the plan if available or
include the plan with this application.
X complements an adopted open space or conservation plan that was open to public review,but is not
specifically identified. Please describe below, and describe how the proposed acquisition is consistent with
the plan.
Public justification for the ODT centers on creating a paved,safe,and accessible non-motorized pathway for
pedestrians,cyclists,and equestrians.Key goals include fostering economic development through tourism,
enhancing public health,connecting communities,and promoting environmental education while preserving the
natural beauty of the Olympic Peninsula.Jefferson County government has heavily endorsed the Olympic
Discovery Trail(ODT)through direct management of existing trail sections,funding for new construction,and
long-term infrastructure planning.The county's support focuses, in part,on connecting the Larry Scott Memorial
Trail in Port Townsend toward Discovery Bay.Commissioners have supported the ODT by adding feasibility
studies and,specifically,the Four Corners to Discovery Bay section to their six-year Transportation Improvement
Plan.
is a stand-alone project,or part of a project that was not open to public review.
5. To what degree does the project conserve opportunities which are otherwise lost or threatened?
5 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
5 b.If applicable,please carefully describe the nature and immediacy of the threat,and any unique qualities about
the site.
The primary and immediate threat is the looming sale of the property. If the trail easement is not secured while
there is a willing seller,the opportunity to establish a viable trail connection between the Eaglemount and
Discovery Bay segments of the ODT could be lost or significantly delayed.A change in ownership could
eliminate access entirely,forcing trail users to continue along a hazardous stretch of SR-20.
6. Are the conservation values of the project commensurate with or greater than the amount of
CFF funds requested,and will both the timeframes for meeting project objectives and associated
metrics demonstrate achievement of the conservation objectives?
The conservation values of the project greatly exceed the amount of funding requested because the subject
easement represents the difference between a viable trail corridor between Four Corners(that is Port Townsend)
and Discovery Bay(including all points west of there).A"through trail"has significant value in allowing
residents and visitors to explore a continuous route across the Olympic Peninsula to/from the only city in
Jefferson County.Peninsula Trails Coalition volunteers and partners are actively addressing questions and
challenges in pursuit of a timely acquisition of the easement.
7
2026 CFF Program Application
6 a. Summarize the project's conservation values and how the CFF funds requested support these values.
The 1275 State Route 20 property contains significant conservation values that align with regional priorities in
Jefferson County and the Olympic Peninsula. The parcel's mature forested ecosystems contribute to biodiversity,
watershed health,and climate resilience through carbon storage,soil stability,and hydrological function. These
values reflect broader conservation strategies identified by local partners such as Jefferson Land Trust,which has
protected thousands of acres of forests,working lands,waterways,and wildlife habitat in the county as part of its
long-term conservation vision. The Trust's recent Land Resilience Study emphasizes the importance of
maintaining intact forests and connectivity to sustain biodiversity under climate change pressures, including
prioritizing areas for aquifer recharge and habitat resilience.
The presence of a fish-bearing stream and riparian vegetation on the site further elevates its ecological
importance. Riparian areas in Washington are recognized as priority habitat because they support diverse wildlife,
regulate water temperatures,and provide corridors for movement across the landscape. While not all riparian
streams in the region are currently protected,those with fish presence or connected stream networks are critical
for salmonid and other aquatic species survival,and they benefit from forested buffers that CFF-supported
conservation can help secure.
CFF funds requested would directly enable acquisition of the trail easement and eventual placement into
conservation,ensuring these ecological values are protected from development or fragmentation at a time when
willing ownership presents a narrow window of opportunity.
6 b. Summarize how the project's conservation values are related to the project's specific objectives.
The conservation values of this project tie directly to its stated objectives in several ways:
Safe Trail Connectivity: The primary objective of securing the trail easement is not only a recreation goal but
also a conservation one. Integrating the property into the Olympic Discovery Trail pathway preserves continuous
forest cover and riparian corridors along a publicly accessible natural landscape.Connecting parcels of protected
habitat reduces edge effects that degrade ecological integrity and supports species movement;a priority reflected
in regional conservation plans like the Quimper Wildlife Corridor initiative,which promotes protecting connected
greenspace and corridors near Port Townsend.
Protect Ecological Function: Direct conservation of mature forest cover and streamside buffer serves broader
regional conservation outcomes by maintaining carbon storage,moderating microclimates, improving water
quality,and sustaining wildlife habitat.Given Jefferson Land Trust's focus on protecting forests and watersheds
across the county,this property contributes to sustaining larger landscape patterns of ecological health and
resilience.
Integration into Regional Conservation Framework: Placing this parcel into conservation supports existing
work by local land trusts,state agencies,and community partners aimed at habitat protection,forest retention,and
recreational corridor development. Recent milestones in the Quimper Wildlife Corridor,Chimacum Creek
watershed protection,and other local easement efforts underscore the community's ongoing commitment to
stewarding ecological systems for public benefit.
In summary,the conservation values of this site are intact forest ecosystems,riparian habitat,and connectivity to
regional green infrastructure which are commensurate with the requested CFF investment. Protecting these values
through acquisition and conservation aligns with documented local conservation priorities and supports
measurable outcomes related to habitat protection,public access,and climate resilience.
8
2026 CFF Program Application
7. To what degree does the project preserve habitat for flora and fauna other than habitat for
anadromous fish species?
No assessment completed at this time to"prove"the following.Photos of land and life are included.
7 a._x_provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal
NOAA and USFWS)Candidate,Endangered,Threatened or Sensitive species(provide list and references).
7 b._x_provides habitat for native flora and fauna.Identify the documented habitat(s)and native flora or fauna
species that will be protected by the project.
7 c._x_contributes to a wildlife corridor or migration route identified by Washington Connectivity Working
Group or other peer-reviewed source.
If affirmative in any of the above,please describe and list the Priority Habitat(s)and Threatened,
Endangered, or Sensitive species below, and cite or provide documentation of species'use.'Peer-reviewed
citations/sources are preferred, but others may be considered if they are of substantially equal quality and
appropriately attributed.
The project area provides habitat consistent with Washington State Priority Habitats and contributes to regional
wildlife connectivity.
According to the Washington Department of Fish and Wildlife(WDFW)Priority Habitats and Species(PHS)
program,priority habitats include riparian corridors,mature and old-growth forest stands,and habitats supporting
sensitive wildlife species. The subject parcel contains mature mixed conifer—deciduous forest and a fish-bearing
stream with associated riparian vegetation.Riparian and mature forest habitats are recognized as Priority Habitats
due to their importance for biodiversity,wildlife movement,and ecosystem function(WDFW Priority Habitats
and Species Program).
The property's forest structure and riparian conditions support species associated with Priority Habitats and
sensitive ecological systems that can further be documented with trail cams and an assessment in the near future.
The parcel contributes to an emerging wildlife corridor landscape near the Quimper Peninsula,complementing
conservation efforts supported by regional partners including Jefferson Land Trust.Regional planning documents
and Washington Connectivity Working Group mapping identify the importance of maintaining intact forest
patches and riparian systems in Jefferson County to support species movement under climate change pressures.
The property's location between forested uplands and riparian habitat strengthens this connectivity function.
The forest provides:
Nesting habitat for forest songbirds
Forage and cover for small mammals
Pollinator forage(native bees, butterflies,and other invertebrates)
See,for example,
https://wdfw.wa.gov/sites/defau lt/fi l e s/pub l i cati ons/01742/wdfw01742.pdf
https://www.dnr.wa.govNHPlists
https://www.dnr.wa.gov/publications/amp_nh_conservation_status.pdf
9
2026 CFF Program Application
Roosting and foraging habitat for bats
Structural canopy habitat for raptors
Pollinators are increasingly recognized as conservation priorities in Washington State due to documented declines
in native bee populations(Washington State Department of Agriculture Pollinator Health Strategy). Intact forest
edges and native flowering understory plants such as salmonberry,serviceberry,and pearly everlasting provide
seasonal nectar sources critical to pollinator species.
The combination of mature canopy, layered understory,and riparian interface demonstrates that the property
supports functional native habitat beyond anadromous fish values.Protection of this site would prevent
fragmentation,preserve structural forest complexity,and maintain habitat continuity for avian species,mammals,
bats,and pollinators.
8. To what degree does the project protect habitat for anadromous fish species?
8.Describe to what degree the project protects habitat for anadromous fish species(for example: marine
shorelines,stream or river corridors including meander zones,and riparian buffers).Please provide documentation
and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat.
There's a fish baring stream along the eastern side of the property that connects to the bay. (See maps provided)
Forested riparian corridors are designated as Priority Habitat under Washington Department of Fish and Wildlife
WDFW)guidelines due to their importance for anadromous fish species, including salmonids utilizing nearshore
and estuarine systems connected to Discovery Bay.Maintaining the intact buffer prevents fragmentation,limits
future encroachment,and preserves the ecological integrity of the stream-to-bay corridor.
Maps provided illustrate the stream alignment,vegetated buffer width,and its direct connection to downstream
marine waters,demonstrating the location,quality,and extent of the habitat being protected.
9. To what degree does the project preserve farmland for agricultural use OR preserve forestland
for forest management?
9 a.Describe the extent and nature of current and planned agricultural use or forest management activities of the
proposed acquisition,including any anticipated changes to that use once the property,or property right,is
acquired with Conservation Futures funds.
NA
9 b.Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
As stated above,the stabilization of the land depends on the forest remaining intact which enhances the soil
health,preserves the water quality,and hydrological cycles.
9 c.Does this project preserve a mix of quality farmland and forestland?
No
10
2026 CFF Program Application
10.To what degree does this project increase resiliency to and mitigation of climate change. and is
the project's scale significant in regards to increasing climate resiliency?
10.Describe how this project will increase resiliency to and mitigation of climate change. Is the project's scale
significant in regards to increasing climate resiliency?
The trail systems have contributed to and conservation of natural landscapes for over a century.As you likely
know,forested land plays a critical role in climate resilience by supporting healthy hydrological cycles. Through
evapotranspiration,trees release water vapor from their leaves into the atmosphere,contributing to cloud
formation. Increased cloud cover helps regulate temperature and ultimately returns moisture to the land in the
form of rain,sustaining regional water systems.
These 9.5 acres of mature trees are especially valuable.While forests begin providing benefits early in their
growth,trees that reach 60-80 years of age develop deeper root systems, larger canopies,and more complex
ecological relationships.These mature systems enhance groundwater recharge,stabilize soils,moderate
temperatures,and increase overall ecosystem resilience. Intact forest structure also improves fire resistance by
maintaining canopy cover,soil moisture,and biodiversity balance.
Preserving mature forest stands therefore strengthens aquifer health,supports wildlife habitat, improves ground
cover and erosion control,and contributes to long-term climate stability.Protecting these systems is significantly
more effective than attempting to recreate them after removal,given the decades required for forests to reach
ecological maturity.
11.What area does the project serve?
11 a.Describe how the proposed acquisition benefits primarily a_local area x_broad county area including the
area served,the nature of the benefit,the jurisdictions involved,and the populations served.
As an essential component of the ODT trail system,the proposed acquisition would benefit Jefferson County,the
region and beyond,providing an ecological and health-savvy route from Sequim to Port Townsend.Tourists and
community members alike will have the pleasure of this beautiful passage.
11 b. Is the project located in an area that is under-represented by CFF funded Projects?Areas that Conservation
Futures has not been able to support to date include, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula,
and the West End.
N/A
12. To what degree is the applicant committing to providing educational opportunities,
interpretive opportunities,and/or serve as a general community resource that does not reduce the
conservation value(s)of the project?
2
12.Describe the educational or interpretive opportunities that the applicant will provide for public access,
educational or interpretive displays(signage,kiosks,etc.)on the proposed site, including any plans to provide
those improvements and any plans for public accessibility that will not reduce the conservation value(s)of the
project.2 Provide the time frames when each of the above will be implemented.
The Peninsula Trails Coalition is known for their informative conservation-based work parties.They also place
signage along the trails to educate people on native species,natural features and restoration efforts.Interpretive
displays are planned for the impressive Hall Baetz Pavillion at the intersection of US-101 and Woodman-
Fairmount Road(Old State Route 9)to the west of the subject property. The ODT is promoted on numerous
2 The words"education"and"interpretation"are interpreted broadly by the CFF Committee.
11
2026 CFF Program Application
websites(https://olympicdiscoverytrail.org), in printed maps and through outdoor and bicycle shops and
organizations.
13.To what degree does the project preserve historic or culturally significant resources'?
13.The proposed acquisition
includes historic or culturally significant resources.
is registered with the National Register of Historic Places,or an equivalent program.
is recognized locally as having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
X none of the above.
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical
cultural resources and how CF funds will be used for their preservation.
All 0 & M Fund Requests:
14. Applications for Operation and Maintenance funding to be scored on a scale of 1-100 based on
information provided. Consider the CFF Manual and the topics below, for example:
14.Describe the reason 0&M funds are needed,proposed 0&M activities,and how additional O&M funds will
protect the conservation values and opportunities cited in this or a previous project application.Attach additional
information such as Stewardship Plans,maps,field reports,work plans,budgets,timelines,etc.,to support the
application,if appropriate. Standalone 0&M projects must address a compelling, immediate need or threat to an
approved CFF project. Describe any previously unforeseen or urgent threats to the resource conservation values of
the site and how the proposed 0&M activities will mitigate those threats and/or prevent potential future threats.
A current Stewardship Plan must be attached.
We are not requesting 0&M at this time.
Verification
15. Sponsor commitments:
Sponsors of projects that are approved for funding by the Board of County Commissioners are required to submit
an annual report by December 31 every year for three years after the award is approved,or three years after the
acquisition funds are disbursed to the applicant,whichever is later. The annual report shall address any changes in
the project focus or purpose,progress in obtaining matching funding,and stewardship,operations,and
maintenance activities. Sponsors receiving 0&M funds are required to submit an annual report for each year
that O&M funds are expended.
15 a.If this project is approved for funding,I understand the sponsor is required to submit annual reports for three
years and for any subsequent year in which 0&M funds are expended. Initials Date
Cultural resources means archeological and historic sites and artifacts,and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW.
12
2026 CFF Program Application
If,three years after the date funding is approved by the Board of County Commissioners,the project sponsor has
not obtained the required matching funds to implement the project,the CFFCOC may request the Board of
County Commissioners to nullify their approval of funds,and may require the project to re-apply.
15 b. If this project is approved for funding,I understand that the sponsor,may be required to re-submit the
application if necessary matching funding is not secured within three years. Initials Date
15 c.The sponsor has reviewed all project requirements,and I certify that all of the information in the application
is true and accurate to the best of my knowledge. Initials Date
15 d.I understand that the sponsor commits to providing long-term stewardship to achieve the conservation and
protection goals of the project as proposed in this application. Initials Date
13
2026 CFF Program Application
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Memorandum and Exhibits Regarding Jefferson County's
Easement for Road and Right of Way
Landowner Acknowledgement Form
Landowner Information
Name of Landowner:
First Name: Dane
Last Name: Schoonover
Landowner Contact Information:
4265 S DISCOVERY RD
Port Townsend, WA 98368
Contact E-Mail Address:
Phone Number:
Site Location:
1275 State Route 20
Port Townsend, WA 98368
Parcel Number: 901193003
1. (Landowner or Organization)is the legal owner of property described in this grant
application.
2. I am aware that the project is being proposed near my property.
3. If the grant is successfully awarded, I will be contacted.
4. My signature does not represent authorization of project implementation.
5. If I am affiliated with the project sponsor, I will recuse myself from decisions made by the
project sponsor to work on my property.
Landowner Signature Date
Project Sponsor Information
Project Name: ODT Eaglemount Link
Project Sponsor Contact Information:
Jefferson County(Public Health or Public
Works)
Title: Project Manager
Last Name: Pokorny
First Name: Tami
Mailing Address: E-Mail Address:
Jefferson County Public tpokorny@
Health co.jefferson.wa.
615 Sheridan St. us
Port Townsend, WA 98368 Phone:360- 316-
9870
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Regular Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:Board of County Commissioners
FROM: Josh D. Peters, County Administrator
Sarah Melancon, HR Director
DATE:June 8, 2026
SUBJECT:WORKSHOP re: Establishing Evaluation Criteria for County Administrator Annual
Evaluation
STATEMENT OF ISSUE:
The County Commissioners, working with the County Administrator, annually establish criteria, goals and
objectives to evaluate the performance of the County Administrator. Establishing the criteria provides an
opportunity for the County Administrator to clearly understand the goals,objectives and priorities of the Board.
ANALYSIS:
The performance of the County Administrator is completed through annual evaluation. Evaluation criteria are
established by the Board of County Commissioners working with the County Administrator.
The HR Director,working with individual Commissioners and the County Administrator,developed the attached
draft list of criteria, goals and objectives for County Administrator evaluation. The workshop provides an
opportunity for the Board to establish the criteria.
FISCAL IMPACT:
N/A
RECOMMENDATION:
Hold a workshop to discuss and finalize the County Administrator annual evaluation criteria.
REVIEWED BY:
6-6
Josh . 'eters, County Administrator Date
County Administrator Performance Evaluation Criteria, Goals, Objectives
June 8, 2026
2025 Tasks
Following is a partial list of items that were awaiting the new county administrator on July 1,
2025, or were soon added to the plate as obligatory tasks for the second half of 2025.
1. Together with the Finance Director, initiate, manage, and complete a challenging
2026 budget process, with input(and buy-in)from all departments and eventually
Board approval, within the context of a particularly startling fiscal situation.
2. Review nearly twenty non-departmental contracts with the Board for budget-and
policy-related decisions on each.
3. Negotiate a new contract for public defense services, notwithstanding budget
challenges.
4. Oversee a Request for Proposals (RFP) process—through selection and
contracting—for management of the Tri-Area, Quilcene, and Brinnon community
centers for the first time in years.
5. Get a proposed two-tenths of one percent unincorporated area Transportation
Benefit District (TBD) sales tax onto the November ballot.
6. Propose a one-tenth of one percent law&justice-public safety sales tax for Board
consideration.
7. Together with the Prosecuting Attorney's Office, Human Resources, and other
county leadership, manage extensive inherited and newer legal and personnel
matters, including active lawsuits, tort claims, and potential litigation.
8. Oversee a thorough and complex hiring process for Community Development
Director. Successfully integrate the new hire into the county's senior leadership
team.
9. Communications coordination /leadership. Example: Present at numerous
Community Conversations throughout the county.
10.Support individual commissioners in various complex and sensitive endeavors,
such as encampment policy.
BoCC Goals for 2026-adopted January 20
11. Risk Manager Role- Heidi
12. Review of county-owned land / parcels- Heidi
13. Parks levy- Heidi
14.Strategic Plan Implementation-Heidi
Page 1 of 3
15. Financial Planning in preparation for 2027 Budget Process-strategic options for
Board consideration, incorporation of county prioritization, exploration of revenue
opportunities-Greg
16. Financial controls, budget tracking, appropriations protocols-Greg
17. Planning updates-Critical Areas Ordinance (CAO), Comprehensive Plan (2025
Periodic Update), Shoreline Master Program (SMP)- Board
18. Food Resilience planning&funding-other Climate Action Committee (CAC)
initiatives-Heather
19.South County issues-e.g., Dosewallips River floodplain management, Brinnon-
Greg
20. Fire Districts-Interlocal Agreements (ILAs)-enhanced communication-Board
21. Department of Natural Resources (DNR) quarterly updates-invite special districts-
staff
22. Forest Management-Trust Land Transfer(TLT) applications-pilot forestry initiatives
with DNR involving carbon credits-Forest Practices on county properties-
preparation to apply for Community Wildfire Protection Plan (CWPP)
implementation funding-Heidi
23.Chimacum Creek Drainage District-Heidi
24.Solid Waste-transfer station condition, site planning-glass recycling-Heidi
25.Tourism-Tourism Coordinating Council(TCC) objectives, Designated Marketing
Organization (DMO) designation-Lodging Tax Advisory Committee (LTAC) Request
for Proposals (RFP)-Heather
26. Derelict vessel stakeholders meetings-coordination with DNR-possible statute-
rule changes-potential amendment to 1990/1992 Port Ludlow Bay ordinance—
Heather
27.City-County ILA review-jail, courts, public defense-housing-community services
including parks & rec)-public health-street preservation-Heather
28.Community services-governance &funding-community centers, parks &
recreation, fairgrounds, Humane Society, Thriving Communities small grants
program- Board
29. Parks, Recreation, and Open Space (PROS) Plan update-Heidi
30. Port Hadlock Urban Growth Area (UGA)-sewer build-out-visioning with public,
interaction with development community, adjustments to development code-Heidi
31. Behavioral Health Advisory Committee (BHAC) & Behavioral Health Consortium
BHC)-RFPs with sales tax funds &opioid settlement funds-Heather
32.Continuum of Care (COC) designation decision by April-May- Greg
33.Jail Medical-contract expires mid-year-evaluate short- and long-term options-
Heather
Page 2 of 3
34.5-year Homelessness &Affordable Housing Services Plan-Housing Fund Board
HFB) strategies, tasks, actions-Heather
35.Communications-public involvement-improvements, enhancement-Heather
36. Meeting&document management-Laserfiche, Zoom/Teams, etc. -digital
signature policy, process-Greg
37.Youth Commission-Heather
38.Continuity of Operations Plan (COOP)- Department of Emergency Management
DEM)-Ham radio training-Board
39. Public Infrastructure Fund (PIF)-confirmation of funding priorities- RFP round with
PIF Board- Heidi
40.Coordinated Water System Plan (CWSP)-project completion-Greg
41. Enterprise Permitting& Licensing(EPL) implementation-digital application process
Board
Page 3 of 3
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:Board of County Commissioners
FROM: Heidi Eisenhour, Commissioner District 2
DATE: June 8,2026
RE:LETTER OF SUPPORT: Jamestown S'Klallam Tribe Land Transfer Act of 2026
STATEMENT OF ISSUE:
The Jamestown S'Klallam Tribe Land Transfer Act of 2026 is a proposed piece of federal
legislation aimed at transferring the Dungeness National Wildlife Refuge and Protection Island
National Wildlife Refuge into trust for the Jamestown S'Klallam Tribe.
Because Protection Island holds such extraordinary ecological significance, it is a source of
significant regional pride for both the Tribe and the broader Jefferson County community. The
Tribe maintains profound historical and cultural ties to the island and the surrounding waters.
The land transfer legislation recognizes the Tribe's longstanding connections and represents an
important step toward restoring ancestral connections and honoring the Tribe's sovereign
relationship with Protection Island.
The Commissioners reviewed the original draft letter on May 26, 2026, and made additional
edits which have been incorporated into the attached version. During the June 1, 2026 meeting,
the Commissioners decided to defer a final decision until Commissioner Brotherton could
participate in the discussion and additional public comments could be received on the matter.
FISCAL IMPACT:
There is no fiscal impact.
RECOMMENDATION:
Receive public comment on the issue and determine whether to sign letters of support to
Representative Emily Randall, Senator Maria Cantwell, and Senator Patty Murray regarding the
Jamestown S'Klallam Tribe Land Transfer Act of 2026.
REVIEWED BY:
9(9/4&
Jo Peters, County Administrator Date
p
Cp
sBoardCountyofC Commissioners
c oN c y
f,f)¢ 1820 Jefferson Street
ti PO Box 1220
CIP
Port Townsend, WA 98368
O Heather Dudley-Nollette,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3SluNG't
June 8,2026
Representative Emily Randall
1531 Longworth House Bldg
Washington,D.C.20515
RE: Support for The Jamestown S'Klallam Tribe Land Transfer Act of 2026
Dear Representative Randall:
On behalf of Jefferson County,Washington,we write to express the County's support for"The Jamestown
S'Klallam Tribe Land Transfer Act of 2026(Act),"legislation that would transfer former National Wildlife
Refuge lands,comprising the Dungeness and Protection Island National Wildlife Refuges,to the Bureau of
Indian Affairs to be held in trust for the Jamestown S'Klallam Tribe.
The Tribe is a highly collaborative and well-respected partner to Jefferson County,and we recognize the deep
historical and cultural connections that the Tribe maintains with the lands and waters impacted by this
legislation. These sites are not only central to the Tribe's heritage but are also integral to the ecological health
and quality of life for our entire region. Protection Island, located within Jefferson County, is of particular
importance to our constituents.We ask that you ensure the protection of the natural resources on Protection
Island in the change of management proposed in this Act for the areas.
Protection Island is one of the rare and crucial places where seabirds can breed without any human interference.
The island's ecological significance stems from several key factors:
Seabird Breeding Haven: It supports the third-largest rhinoceros auklet colony in North America and is
one of the last two breeding sites for tufted puffins in the Salish Sea.
Marine Mammal Sanctuary: The island is a major hauling-out area for harbor seals and was the first
location in Washington where northern elephant seals were observed giving birth.
Crucial Nesting Grounds: It acts as a nesting site for bald eagles and features the largest glaucous-
winged gull colony in Washington state.
The waters surrounding the island also provide essential grounds for a variety of marine mammals,and the
island's shorelines support a WA Department of Natural Resources designated marine aquatic reserve.
Because Protection Island holds such extraordinary ecological significance, it is a source of significant regional
pride for both the Tribe and the broader Jefferson County community. The Tribe maintains profound historical
and cultural ties to the island and the surrounding waters. The land transfer legislation recognizes the Tribe's
Wage
longstanding connections and represents an important step toward restoring ancestral connections and honoring
the Tribe's sovereign relationship with Protection Island.
Through the Tribe's 2024 self-governance agreement with the U.S. Fish and Wildlife Service and its expenditure
of its own supplemental funds,the Tribe has demonstrated a strong financial commitment to improving
Protection Island for the benefit of researchers and the greater Jefferson County area alike. Since assuming
management of the island,the Tribe has already revitalized habitat research studies,rebuilt the access road,and
initiated vegetative management to support island prairie habitat. We are confident that upon transfer into trust
status,the Tribe will continue to manage both former Refuges to a standard that will meet or exceed federal
requirements. Jefferson County has familiarity with the Tribe's ability to manage lands through the Tamanowas
Rock Sanctuary and trail network,which are open to the public and well monitored by the Tribe. Jamestown
S'Klallam Tribe and Jefferson County Land Trust partnered on the acquisition of Tamanowas Rock sanctuary
lands from 2009—2012 and the area showcases the Tribe's ability to steward lands for cultural purposes,
conservation and public access.
The County further notes that Protection Island is not currently subject to local property taxation as federal
public land and if the island is transferred into trust status on behalf of the Tribe, it will not result in any loss of
property tax revenue to the County. However,the Tribe has agreed to assume through the legislation the U.S.
Fish and Wildlife Service's existing obligations to Jefferson County for payment in lieu of taxes and refuge
revenue sharing,at a prorated rate tied to the federal statutory payment rate,to ensure that the County will
continue to receive these valuable payments following transfer. This is a key consideration in the Board of
County Commissioner's decision to support the legislation,and the County is pleased that the land transfer is
structured to protect Jefferson County from any potential negative fiscal impact.
For these reasons,Jefferson County respectfully urges the delegation to support and advance"The Jamestown
Land Transfer Act of 2026."We appreciate your consideration of this legislation and your ongoing commitment
to constructive and locally-driven solutions that will benefit Tribal Nations and all residents within the State of
Washington.
Sincerely,
Heather Dudley-Nollette, Dist. 1 Heidi Eisenhour, Dist. 2 Greg Brotherton, Dist. 3-Chair
2 ' Page
p CoNMssj Board of County Commissioners
4#-----
ooO 1820 Jefferson Street
o ,w PO Box 1220
Port Townsend, WA 98368
qS 0* Heather Dudley-Nollette,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3
III NU
June 8,2026
Senator Maria Cantwell
717 Senate Hart Bldg
Washington, D.C.20510
RE: Support for The Jamestown S'Klallam Tribe Land Transfer Act of 2026
Dear Senator Cantwell:
On behalf of Jefferson County,Washington,we write to express the County's support for"The Jamestown
S'Klallam Tribe Land Transfer Act of 2026(Act),"legislation that would transfer former National Wildlife
Refuge lands,comprising the Dungeness and Protection Island National Wildlife Refuges,to the Bureau of
Indian Affairs to be held in trust for the Jamestown S'Klallam Tribe.
The Tribe is a highly collaborative and well-respected partner to Jefferson County,and we recognize the deep
historical and cultural connections that the Tribe maintains with the lands and waters impacted by this
legislation. These sites are not only central to the Tribe's heritage but are also integral to the ecological health
and quality of life for our entire region. Protection Island, located within Jefferson County, is of particular
importance to our constituents. We ask that you ensure the protection of the natural resources on Protection
Island in the change of management proposed in this Act for the areas.
Protection Island is one of the rare and crucial places where seabirds can breed without any human interference.
The island's ecological significance stems from several key factors:
Seabird Breeding Haven: It supports the third-largest rhinoceros auklet colony in North America and is
one of the last two breeding sites for tufted puffins in the Salish Sea.
Marine Mammal Sanctuary: The island is a major hauling-out area for harbor seals and was the first
location in Washington where northern elephant seals were observed giving birth.
Crucial Nesting Grounds: It acts as a nesting site for bald eagles and features the largest glaucous-
winged gull colony in Washington state.
The waters surrounding the island also provide essential grounds for a variety of marine mammals,and the
island's shorelines support a WA Department of Natural Resources designated marine aquatic reserve.
Because Protection Island holds such extraordinary ecological significance, it is a source of significant regional
pride for both the Tribe and the broader Jefferson County community. The Tribe maintains profound historical
and cultural ties to the island and the surrounding waters. The land transfer legislation recognizes the Tribe's
1IPage
longstanding connections and represents an important step toward restoring ancestral connections and honoring
the Tribe's sovereign relationship with Protection Island.
Through the Tribe's 2024 self-governance agreement with the U.S. Fish and Wildlife Service and its expenditure
of its own supplemental funds,the Tribe has demonstrated a strong financial commitment to improving
Protection Island for the benefit of researchers and the greater Jefferson County area alike. Since assuming
management of the island,the Tribe has already revitalized habitat research studies, rebuilt the access road,and
initiated vegetative management to support island prairie habitat. We are confident that upon transfer into trust
status,the Tribe will continue to manage both former Refuges to a standard that will meet or exceed federal
requirements. Jefferson County has familiarity with the Tribe's ability to manage lands through the Tamanowas
Rock Sanctuary and trail network,which are open to the public and well monitored by the Tribe. Jamestown
S'Klallam Tribe and Jefferson County Land Trust partnered on the acquisition of Tamanowas Rock sanctuary
lands from 2009—2012 and the area showcases the Tribe's ability to steward lands for cultural purposes,
conservation and public access.
The County further notes that Protection Island is not currently subject to local property taxation as federal
public land and if the island is transferred into trust status on behalf of the Tribe, it will not result in any loss of
property tax revenue to the County. However,the Tribe has agreed to assume through the legislation the U.S.
Fish and Wildlife Service's existing obligations to Jefferson County for payment in lieu of taxes and refuge
revenue sharing,at a prorated rate tied to the federal statutory payment rate,to ensure that the County will
continue to receive these valuable payments following transfer. This is a key consideration in the Board of
County Commissioner's decision to support the legislation,and the County is pleased that the land transfer is
structured to protect Jefferson County from any potential negative fiscal impact.
For these reasons,Jefferson County respectfully urges the delegation to support and advance"The Jamestown
Land Transfer Act of 2026."We appreciate your consideration of this legislation and your ongoing commitment
to constructive and locally-driven solutions that will benefit Tribal Nations and all residents within the State of
Washington.
Sincerely,
Heather Dudley-Nollette, Dist. 1 Heidi Eisenhour,Dist.2 Greg Brotherton, Dist. 3-Chair
2IPage
p- CoNssr
w
Board of County CommissionersSc° 0
4, 1820 Jefferson Street
0 wtoi PO Box 1220
Port Townsend, WA 98368
9S O Heather Dudley-Nollette,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3HING'S.
June 8,2026
Senator Patty Murray
2988 Jackson Federal Building 915
2nd Ave, Seattle,WA 98174
RE: Support for The Jamestown S'Klallam Tribe Land Transfer Act of 2026
Dear Senator Murray:
On behalf of Jefferson County, Washington,we write to express the County's support for"The Jamestown
S'Klallam Tribe Land Transfer Act of 2026(Act)," legislation that would transfer former National Wildlife
Refuge lands,comprising the Dungeness and Protection Island National Wildlife Refuges,to the Bureau of
Indian Affairs to be held in trust for the Jamestown S'Klallam Tribe.
The Tribe is a highly collaborative and well-respected partner to Jefferson County,and we recognize the deep
historical and cultural connections that the Tribe maintains with the lands and waters impacted by this
legislation. These sites are not only central to the Tribe's heritage but are also integral to the ecological health
and quality of life for our entire region. Protection Island, located within Jefferson County, is of particular
importance to our constituents.We ask that you ensure the protection of the natural resources on Protection
Island in the change of management proposed in this Act for the areas.
Protection Island is one of the rare and crucial places where seabirds can breed without any human interference.
The island's ecological significance stems from several key factors:
Seabird Breeding Haven: It supports the third-largest rhinoceros auklet colony in North America and is
one of the last two breeding sites for tufted puffins in the Salish Sea.
Marine Mammal Sanctuary: The island is a major hauling-out area for harbor seals and was the first
location in Washington where northern elephant seals were observed giving birth.
Crucial Nesting Grounds: It acts as a nesting site for bald eagles and features the largest glaucous-
winged gull colony in Washington state.
The waters surrounding the island also provide essential grounds for a variety of marine mammals,and the
island's shorelines support a WA Department of Natural Resources designated marine aquatic reserve.
Because Protection Island holds such extraordinary ecological significance, it is a source of significant regional
pride for both the Tribe and the broader Jefferson County community. The Tribe maintains profound historical
and cultural ties to the island and the surrounding waters. The land transfer legislation recognizes the Tribe's
1 ' Page
longstanding connections and represents an important step toward restoring ancestral connections and honoring
the Tribe's sovereign relationship with Protection Island.
Through the Tribe's 2024 self-governance agreement with the U.S. Fish and Wildlife Service and its expenditure
of its own supplemental funds,the Tribe has demonstrated a strong financial commitment to improving
Protection Island for the benefit of researchers and the greater Jefferson County area alike. Since assuming
management of the island,the Tribe has already revitalized habitat research studies,rebuilt the access road,and
initiated vegetative management to support island prairie habitat. We are confident that upon transfer into trust
status,the Tribe will continue to manage both former Refuges to a standard that will meet or exceed federal
requirements. Jefferson County has familiarity with the Tribe's ability to manage lands through the Tamanowas
Rock Sanctuary and trail network,which are open to the public and well monitored by the Tribe. Jamestown
S'Klallam Tribe and Jefferson County Land Trust partnered on the acquisition of Tamanowas Rock sanctuary
lands from 2009—2012 and the area showcases the Tribe's ability to steward lands for cultural purposes,
conservation and public access.
The County further notes that Protection Island is not currently subject to local property taxation as federal
public land and if the island is transferred into trust status on behalf of the Tribe, it will not result in any loss of
property tax revenue to the County. However,the Tribe has agreed to assume through the legislation the U.S.
Fish and Wildlife Service's existing obligations to Jefferson County for payment in lieu of taxes and refuge
revenue sharing,at a prorated rate tied to the federal statutory payment rate,to ensure that the County will
continue to receive these valuable payments following transfer. This is a key consideration in the Board of
County Commissioner's decision to support the legislation,and the County is pleased that the land transfer is
structured to protect Jefferson County from any potential negative fiscal impact.
For these reasons,Jefferson County respectfully urges the delegation to support and advance"The Jamestown
Land Transfer Act of 2026."We appreciate your consideration of this legislation and your ongoing commitment
to constructive and locally-driven solutions that will benefit Tribal Nations and all residents within the State of
Washington.
Sincerely,
Heather Dudley-Nollette, Dist. 1 Heidi Eisenhour,Dist.2 Greg Brotherton, Dist. 3-Chair
2IPage
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Heather Dudley-Nollette, Commissioner
DATE: June 8, 2026
SUBJECT: Port Ludlow Harbor Restricted Area anchoring regulations
STATEMENT OF ISSUE:
In July 2025,the county received a request from Captain Peter Joseph, USCG(retired)to consider a change
to existing anchoring regulations within Ordinance# 07-0706-92 to limit the allowable duration for manned
or unmanned anchored vessels within the Port Ludlow Harbor Restricted Area, particularly during foul-
weather months.
Concerns that have inspired the request include the need to reduce risks associated with fuel spills,
overboard discharges and collisions from derelict, illegal or abandoned anchored vessels.
See attached position paper for additional background.
ANALYSIS:
Sheriff Andy Pernsteiner and lead marine Deputy Jon Stuart will participate in the workshop to discuss
various aspects and impacts of the proposed change, including models for compliance monitoring and
enforcement, should a new rule be implemented. Impacts to the role of County Administrator should also be
assessed, considering their responsibilities related to enforcement of Title XIX of Jefferson County Code.
Additional Relevant Information: The State of Washington has also now passed House Bill 2199 which will
go into effect on June 11, 2026. This bill amends existing law to redefine what constitutes an "abandoned
vessel" and a"derelict vessel" in Washington State, aiming to reduce the negative impacts of these vessels.
An "abandoned vessel" is now defined as one left in the same area(within a five-mile radius) for more than
30 consecutive days or 90 days in a 365-day period, where the owner is unknown, cannot be located, or is
unwilling to take control. Additional details about the bill can be found online at HB 2199 Washington State
Legislature—full link below:
https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/House%20Passed%20Legislature/2199-
S.PL.pdf#page=l
FISCAL IMPACT:
There is no currently-defined fiscal impact related to this consideration of regulatory change. However,
enforcement of a more restrictive anchoring rule could require significant staff time and therefore needs to
be analyzed as part of this workshop.
RECOMMENDATION:
Conduct the workshop to discuss the community needs driving this request for more restrictive anchoring
regulations in the Port Ludlow Harbor Restricted Area, including discussion about a potential Interlocal
Agreement between the County and either the Port Ludlow Yacht Club and/or the Port Ludlow Marina to
share or delegate compliance monitoring and/or enforcement responsibilities.
REVIEWED BY:
91_)if 627--,306,
Josh Peters, County Administrator Date
POSITION PAPER
OBJECTIVE: To determine the most effective action that can be taken to require
vessel owners to comply with existing and amended laws in order to reduce the risks
associated with unmanned, abandoned, and illegally anchored boats in Port Ludlow
Harbor.
VALID ASSUMPTIONS:That Jefferson County has the law enforcement resources
necessary to enforce the appropriate County ordinance pertaining to this situation.
Each vessel has an unknown amount of fuel in their tanks
FACTS BEARING ON THE PROBLEM:
The number of unattended anchored vessels during the winter months has increased
over the past three years. Many of the vessels are undocumented or
unregistered(Visual observations)
A few of these vessels have anchored by dropping the anchor over the side without
setting the anchor into the bottom by placing a strain on the anchor chain. Other
vessels have inadequate ground tackle that can tolerate the vagaries of stormy
weather. (Visual observations)
Port Ludlow Harbor is a Restricted Area. "Provided, that the area of Port Ludlow Bay
southerly of a line extending due east from the southern tip of Burner Point to the
east shore of Port Ludlow Bay is hereby declared a Restricted Area and the boat speed
in that restricted area shall be five nautical miles per hour."( Jeff County Ordinance
No. 07-0706-92)
Restricted Area as defined in the County Ordinance means an area that has been
designated to be used for, or closed to certain purposes. (Ibid)
The widest distance of Port Ludlow Harbor south of Burner Point is approximately
800 yards. (NOAA chart # 18440)
Wind gusts can exceed 40 knots with January and February recording the higher
wind velocities. (Weather Underground and various marine weather web sites/blogs)
The absence of anchor lights and sound signals required under the International Rules
of the Road can lead to collisions under hours of darkness or low
visibility.(Navigation Rules,72 COLREGS)
The 72 COLREGS shall apply on all waters of Puget Sound and adjacent waters,
including Lake Union, Lake Washington, Hood Canal, and all tributaries. ( 33CFR-
80.1395)
1) Persons shall not moor or anchor a vessel in the same area on state owned aquatic
lands for periods longer than thirty consecutive days or for more than a total of
ninety days in any 365 day period. For the purpose of WAC 332-52-155 "in the same
area" means within a radius of five miles in any location where the vessel was
previously moored or anchored. (WAC 332-52-155 ANCHORAGE)
2) Subsection (1) ( See previous paragraph above) of this section does not apply
where the federal government, a county,(emphasis supplied) a city, a state agency,
including DNR, a port, or any other public entity with authority has posted, enacted,
or adopted different anchorage or moorage restrictions. (See Annex A-1)
Other municipalities in Washington State have developed ordinances pertaining to
restricted anchoring, maneuvering, and vessel obstructions. For example, Oak Harbor
restricts the duration of anchoring to no more than 14 days between May 1st and
October 1st, and no more than 72 hours between October 1st and the following April
30th. (See Annex B-1)
Port Townsend Harbor has anchoring restrictions imposed by the U. S. Coast Guard
pertaining to foul and fair weather explosive anchorages, as well as LOA - (length
overall), tonnage and tug assists. Bainbridge has a large no-anchor zone designated in
their harbor.(See Annex B-2 & B-3)
Enforcement of maritime related ordinances is through a notice of infraction issued
by an authorized peace officer or designated official such as a Harbor Master. (See
RCW 7.84.140 & Annex B-4)
The Port Ludlow marina leases a small wooden pump-out boat built by the Wooden
Boat School for $1.00 a year. The boat was purchased with donations with two
stipulations: the boats name was to be CLEAN BAY, and the marina could not charge
for pump-outs. The boat gets underway year around to offer its services twice a week.
Interview with marina manager)
The Jefferson County sheriff's office possesses a very capable all weather small craft
that is ideally suited for maritime law enforcement. (Prior USCG experience)
Discussion
As larger vessels are being left at anchor over the winter months in Port Ludlow
Harbor, the risk of these vessels grounding due to severe weather or poorly
maintained or improperly suited ground tackle increases substantially when there are
no persons on board attempting to prevent such an occurrence. When grounding, the
vessel will lose stability and lay over on its side exposing the fuel tank vents to the
normal tidal action. The sea water will be pushed into the vent tube on the flood tide
and then oily water sucked out by the ebb tide. With Port Ludlow Harbor being a
closed end harbor the gradual accumulation of fuel would become catastrophic from
an environmental and health safety standpoint. It is also quite possible that upon
grounding one or more tanks could be punctured creating the same effect but over a
shorter duration. Studies have concluded that one gallon of oil can contaminate one
million gallons of water. It is also true that the oil will permeate the inter-tidal zone
which will have a long lasting impact on the quality of life as well as the
instantaneous depreciation of personal homes values and businesses located nearby.
As valuations decrease the property tax appraisals will be severely diminished,
directly affecting the tax revenue collected by the County.
It is obvious from the Facts Bearing on the Problem, that the County has the
authority to modify the State anchorage statute as necessary to fit the circumstances
of the littoral community. While ordinances can be adopted that will constrain the
boaters to draconian measures, it is better to adopt a more pragmatic solution that will
not over extend the law enforcement resources. Since it is the winter season that
poses the greatest risk, anchoring regulations such as those adopted by Oak Harbor
might be a good starting point. To preclude a vessel moving five nautical miles and
then coming back the next day, consideration should be given to limiting anchoring
privileges to so many days a year. Ideally anchoring privileges would not be extended
to vessels who do not display current state numbers and tax decal, or name and
hailing port if a documented vessel.
The most important part of the proposal is for the County to be able to impound an
abandoned anchored or derelict vessel after some fixed period of time, such as
seventy-two hours, at a designated wet/dry repository. With the approval of the
marina, situational awareness of the anchored vessels can be maintained by the small
pump-out boat operator when cruising the harbor twice a week. Since the name
CLEAN BAY was a stipulation for acceptance the assistance of the pump-out boat in
identifying and tracking possible sources of pollution is a value added benefit that
befits it's name. When the duration of anchorage exceeds the legally prescribed limits,
or when a violation of environmental law or the COLREGS is observed, the sheriffs
maritime detachment will be notified for enforcement action using their small boat as
needed.
Once a plan is adopted it will need to be promulgated through publication in local
boating magazines, flyers on marina bulletin boards, web sites, and yacht club
newsletters as well as the State and U.S. Coast Guard. Those vessel owners who
violate the proposed ordinance will be delivered a notice of infraction either by law
enforcement personnel using the existing small boat, or a person authorized by an
interlocal agreement entered into under RCW 7.84.140, when the infraction occurs
in that person's presence. For example, a duly authorized Harbor Master.
Recommendations: Adopt and enforce a more restrictive anchoring law for Port
Ludlow in order to reduce the risks associated with fuel spills, overboard discharges
and collisions from derelict, illegal or abandoned anchored vessels. (See Objective on
top of page 1)
ANNEX -Al
WAC 332-52-155
Anchorage.
1) What is the length of time that a vessel may be moored or
anchored on state-owned aquatic lands? Persons shall not moor or
anchor a vessel in the same area on state-owned aquatic lands for
periods longer than thirty consecutive days or for more than a total of
ninety days in any three hundred sixty-five day period. For purposes
of WAC 332-52-155, "in the same area" means within a radius of five
miles of any location where the vessel was previously moored or
anchored.
2) Are there places where the time limit does not apply? Subsection
1) of this section does not apply where the federal government, a
county, a city, a state agency, including DNR, a port, or any other
public entity with authority has posted, enacted, or adopted different
anchorage or moorage restrictions. Persons shall observe restrictions
specific to the locality. Additionally, persons may exceed this time
limit if:
a) Granted express consent by either DNR or the lessee of the state-
owned aquatic lands where the vessel is moored or anchored; and
b) Anchorage or moorage does not violate any other law or rule.
3) Any violation of this section is an infraction under chapter 7.84
RCW.
Statutory Authority: Chapter 43.30 RCW and RCW 43.12.065. WSR
09-05-034, § 332-52-155, filed 2/11/09, effective 3/14/09.]
ANNEX B-1
6.41 .070 Unseaworthy craft.
1 ) It shall be unlawful for a master, owner or other person without
a permit from the harbor master to tow or move into Oak Harbor
Bay any vessel or obstruction which prior to movement or tow:
a) Has been used as a permanent place of abode and was not
engaged in navigation under its own power within 30 days;
or
b) Appears or exists in an unseaworthy condition, uses or needs
support from another vessel or watercraft to remain afloat, or
otherwise appears to lack the capacity for safe movement
through and across navigable waters, other than the
following:
i) Barges or disabled but buoyant aircraft in tow by a towage
company authorized to do business in the state;
ii) Vessels or watercraft temporarily disabled by accident,
collision, or other malfunction but otherwise seaworthy
and capable of safe movement; and
iii) Vessels, watercraft or obstructions being towed or moved by
or under the control of the harbor master.
2) Any person seeking a permit to tow or move any vessel,
watercraft or obstruction identified in subsection (1 ) of this section
shall apply to the harbor master therefor. (Ord. 1206 § 1 , 2000).
6.41 .080 Summer anchorage.
No person may anchor a vessel in an anchorage area of Oak
Harbor Bay for more than 14 days from May 1st to October 1st of
each year. All days or parts of a day of anchorage shall be
included in determining whether a vessel has been anchored for
more than 14 days. As an example, a vessel which anchors for
three days and leaves and comes back one or five days later and
anchors for eleven more days has anchored for 14 days within
any one month. (Ord. 1206 § 1 , 2000).
6.41 .090 Off-season anchorage.
No person may anchor a vessel in an anchorage area of Oak
Harbor Bay for more than 72 hours from October 1st each year to
April 30th of the following year. (Ord. 1206 § 1 , 2000).
6.41 .100 Rules for anchorage.
1 ) Except in emergency circumstances, no vessel may anchor in
the waterway area of Oak Harbor Bay.
2) Vessels are to be moored using the vessel's own ground
tackle/anchoring equipment. To avoid creating a hazard to
navigation, and to preclude the illegal placement of mooring
buoys upon the state-owned tidelands, installation of mooring
buoys and other types of permanent, nonretrievable equipment is
specifically prohibited. Likewise, a vessel operator shall not
detach and leave in place the vessel's anchor, anchor chain/line,
or other anchoring equipment or gear, with the intention of
departing the area and returning at a later time.
3) Vessels are required to display anchor lights at night, as
prescribed in U.S. Coast Guard regulations.
4) All vessels anchoring in Oak Harbor Bay are to be registered
with the harbor master as soon as practicable after arrival.
5) Persons operating vessels shall use sound seamanship and
proper safety practices anchoring vessels, allowing sufficient
scope for tides and conditions and allowances for arcs of swing.
6) Vessels shall be equipped with safety equipment as required
for the type of vessel by the U.S. Coast Guard.
7) Persons operating or anchoring vessels are specifically
prohibited from discharging into Oak Harbor Bay sewage,
petroleum products, chemicals, paints or any other substances
the introduction of which violates state and/or federal
environmental regulations. (Ord. 1206 § 1 , 2000).
6.41 .110 Privately controlled property.
Nothing in this chapter shall be construed as forbidding an owner
of privately controlled property from using the same in a lawful
manner; provided, that use of privately controlled property shall
be lawfully permitted under applicable state, federal or local law;
provided further, an owner of tidelands seeking to use his tideland
for anchorage within the anchorage area shall obtain a permit
from the city providing such information as is necessary to
demonstrate lawful permitted uses by the owner or his or her
designee. (Ord. 1206 § 1 , 2000).
6.41 .120 Limitation.
Nothing herein shall be deemed to authorize anchorage on
private or publicly owned tidelands within Oak Harbor Bay. (Ord.
1206 § 1 , 2000).
6.41 .130 Nuisances.
Sunken vessels or watercraft, refuse of all kinds, structures or
pieces of any structure, dock sweepings, dead fish or parts
thereof, dead animals or parts thereof, timber, logs, piles, boom
sticks, lumber, boxes, empty containers and oil of any kind
floating uncontrolled on the water, and all other substances or
articles of a similar nature, are declared to be public nuisances
and it shall be unlawful for any person to throw or place in, or
cause or permit to be thrown or placed any of the above named
articles or substances in Oak Harbor Bay, or upon the shores
thereof or in such position that the same may or can be washed
into the harbor, either by high tides, storms, floods or otherwise.
Any person causing or permitting said nuisances to be placed as
aforesaid shall remove the same and upon his failure so to do, the
same may be removed by the harbor master and the expense
thereof shall be paid by and recoverable from the person creating
the nuisance. In all cases such nuisances may be abated in the
manner provided by law. The abatement of any such public
nuisances shall not excuse the person responsible therefor from
prosecution under this section. (Ord. 1206 § 1 , 2000).
ANNEX B-2
Port Townsend has both designated general anchorages and
voluntary no-anchor zones to protect sensitive marine
habitats. Vessels must obtain permission from the Captain of
the Port (or Vessel Traffic Service Puget Sound) to use the
general anchorages, while the voluntary no-anchor zones are
marked by buoys and aim to protect eelgrass beds and
shellfish areas.
General Anchorages:
General anchorages in Puget Sound, including Port Townsend,
require permission from the Captain of the Port, or their
authorized representative, Vessel Traffic Service Puget Sound.
Vessels should request permission at least 48 hours in advance to
avoid delays.
The Port of Port Townsend may assign specific berths within
the general anchorage.
Voluntary No-Anchor Zones:
These zones are established by the Jefferson County Marine
Resource Conservation Council to protect eelgrass beds and
shellfish areas.
They are marked by buoys and are voluntary, but vessel
operators are requested to anchor out for safety and to protect
these sensitive habitats.
These zones are particularly important because eelgrass beds
support endangered and distressed salmon stocks.
Other Regulations:
Port Townsend's Port Rules, Regulations, and Procedures apply
to all users of the Port, including those using anchorages.
These rules cover a range of topics including moorage,
maneuvering within the harbor, and live-aboard permits.
Vessels over 75 feet should make advance contact with the Port
before entering the harbor.
Tidal and weather conditions can impact maneuvering within
the harbor, and vessel owners are responsible for coordinating
any necessary assistance.
ANNEX B-3
Bainbridge anchoring restrictions?
Bainbridge Island anchoring restrictions
Anchoring in Bainbridge Island, particularly in Eagle Harbor, is
subject to specific regulations due to environmental protection and
navigation safety.
Here's a breakdown of the key restrictions:
No anchor zones
Regulated Navigation Area (Federal No Anchor Zone): A
significant portion of eastern Eagle Harbor is designated as a
Regulated Navigation Area" where anchoring and activities
that could disturb the seabed are prohibited. This is due to a
federal EPA cleanup site involving buried creosote
contamination that anchoring could disrupt.
Aquatic Conservancy: Anchoring is not allowed in the aquatic
conservancy located at the far western end of the inner harbor.
Private Tidelands: Anchoring is prohibited in private tidelands
without the owner's permission.