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072026A AGENDA PACKET
1 AGENDA Jefferson County Board of Commissioners Regular Meeting – Monday, July 20, 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 LINK TO MATERIALS: https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?startid=10483396&dbid=0&repo=Jefferson You can join this meeting by using the following methods: In the event of technical difficulties, at least one of the methods above will be accessible to the public. Please try all methods first before calling 360-385-9100 to report any issues. Individuals may provide Public Comment using the following methods: • Video: Refer to meeting instructions above • Audio-only: Refer to meeting instructions above • Email: You may submit comments/correspondence to us at: jeffbocc@co.jefferson.wa.us up through 11:59 p.m. the day before the meeting. Public Comment Periods are dedicated to listening to the public. Each person may address the Board one time during these periods. To ensure equal opportunity for the public to comment, all comments shall be limited to 2 or 3 minutes per person, depending on the volume of public in attendance. Some Agenda items may have additional Public Comment Periods – these comment periods are for listening to comments specific to that Agenda item. The Chair may add additional Public Comment Periods throughout the meeting. 9:00 a.m. CALL TO ORDER 9:01 a.m. PUBLIC COMMENT PERIOD – ALL TOPICS • Zoom Meeting: https://zoom.us/j/93777841705 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.” Participation will be up to the Chair and Clerk • Audio-only: Dial: 1-253-215-8782 and use Webinar ID: 937-7784-1705# This option will allow you to listen to the meeting live. If you wish to provide public comment, press *9 to “raise your hand.” Participation will be up to the Chair and Clerk Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384. If you need special accommodations, please contact our office 24 hours in advance. • In-person: You are welcome to join this meeting in-person. Agenda: July 20, 2026 2 No set time APPROVAL AND ADOPTION OF THE CONSENT AGENDA: (Items listed below have been distributed to the Commissioners in advance for study and will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Agenda, at the request of any of the Commissioners). 1. RESOLUTION NO. ___ re: Updating the Right-of-Way acquisition procedures and replacing Jefferson County Resolution No. 11-23 and superseding previously-adopted appraisal waiver procedures 2. INTERAGENCY AGREEMENT re: Court Appointed Special Advocates (CASA) volunteer Guardian ad Litem (GAL) funds; $41,530; Juvenile Services; Administrative Office of the Courts (AOC) 3. AGREEMENT re: Pavement markings on roads for calendar years 2026 through 2027; $201,775; Public Works; Specialized Pavement Marking LLC 4. AGREEMENT re: Subrecipient Agreement for ADA seating at the Larry Scott Trail; $5,742.98; Public Health; Peninsula Trails Coalition 5. AGREEMENT, Amendment No. 1 re: Dosewallips Rocky Brook Final Design; Change to Scope of Work only; Public Health; RCO Salmon Recovery Funding Board 6. AGREEMENT, Amendment No. 2 re: Brinnon Reach Assessment and Conceptual Design; Additional $77,000 for a total of $295,428; Public Health; Washington State Recreation and Conservation Office (RCO) 7. AGREEMENT, Amendment No. 2 re: Youth cannabis and commercial tobacco prevention; Additional prosocial activities; Public Health; Kitsap Public Health District 8. AGREEMENT, Amendment No. 4 re: Environmental consultant services; Extension of contract; County Administrator; SWCA Environmental Consultants 9. ADVISORY BOARD UPDATE re: Local Emergency Planning Committee (LEPC): 5 Reappointments: 1) The American Red Cross – Andrew Stockton; 2) Public Health – Apple Martine; 3) Port Townsend Police Department – Thomas Olson; 4) United States Navy – Tim Callister; and 5) Quilcene Fire Rescue – Timothy McKern; and 1 new Appointment: East Jefferson Fire Rescue – Bret Black 10. LETTER OF SUPPORT re: Transfer station modernization project grant/loan application; Public Works; Washington State Department of Commerce Public Works Board 11. APPROVAL OF PAYROLL WARRANTS: Dated July 2, 2026 and totaling $183,223.88, and July 20, 2026 and totaling $75,350.66 12. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated July 13, 2026 and totaling $428,525.22, and July 20, 2026 and totaling $973,189.66 REGULAR AGENDA: No set time COMMISSIONERS BRIEFING SESSION (9:45 a.m.) • Mill Road encampment cleanup • Tourism Coordinating Committee (TCC); RFP • Review of recent meetings, miscellaneous topics, and calendar coordination Agenda: July 20, 2026 3 10:30 a.m. HEARING re: Open Space Tax Program Application – CUA2025-00001 Jefferson Land Trust Mo-chi Lindblad, DCD Principal Planner 11:00 a.m. WORKSHOP re: Parcel inventory mapping Shawn Frederick, Central Services Director Kevin Hitchcock, GIS Coordinator Malloree Weinheimer, Chickadee Forestry Isabel Squier, Chickadee Intern No set time RECESS 1:30 p.m. AFTERNOON SESSION 1:30 – 2:00 p.m. CLOSED SESSION with County Administrator and Human Resources Director; To review the performance of a public employee. No discussion of salaries, wages, and other conditions of employment to be generally applied within the county; and, no final action on the hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, exemption as outlined in the Open Public Meetings Act, RCW 42.30.110(1)(g) 2:00 p.m. to 3:00 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 2:30 p.m. WORKSHOP and POTENTIAL ACTION re: 2027 Provisional Budget Goals and Objectives Judy Shepherd, Finance Director No set time ADDITIONAL DISCUSSION ITEMS No set time ADJOURNMENT (Adjourn by 4:30 p.m.) COMMISSIONERS MEETING SCHEDULE The Week of July 20, 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, July 20, 2026 9:00 a.m. BOCC Meeting – Board Agenda: July 20, 2026 4 Tuesday, July 21, 2026 11:15 a.m. Shelter Coalition Meeting – Greg 1:30 p.m. Jefferson Transit Authority Board Meeting – Heidi, Heather 3:30 p.m. Quilcene – Brinnon Empowered Teens Coalition Monthly Meeting - Greg Wednesday, July 22, 2026 2:30 p.m. Housing Fund Board – Greg, Heather Thursday, July 23, 2026 9:00 a.m. JeffCom Administrative Board Meeting – Greg 11:00 a.m. ICLEI USA County Exchange – Extreme Heat Meeting - Heather 2:00 p.m. North Olympic Development Council Monthly Meeting 2026 - Heather Friday, July 24, 2026 10:00 a.m. Lodging Tax Advisory Committee RFP 2027 Meeting - Heather 1:00 p.m. County Ferry Caucus – Heather The County has various Boards and Committees that are subject to the Open Public Meetings Act (OPMA). Agendas for those meetings will be posted to the Jefferson County website calendar 24 hours prior to the start of the meeting. Agendas will contain information on how to provide public comment, meeting access, and meeting materials (if available). For more information, go to: www.co.jefferson.wa.us and click on the Calendar tab. COMMISSIONERS MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA. Americans with Disabilities Act (ADA) Accommodations Provided Upon Request SONN\ OCtle 9Sy1 NC;C ACCOUNTS PAYABLE WARRANT REPORT WARRANT DATE: 7-13-2026 TOTAL: $428,525.22 RECORDS OF ALL CLAIMS SUBMITTED FOR PAYMENT ALONG WITH VOUCHERS APPROVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS ARE RETAINED BY THE JEFFERSON COUNTY AUDITOR AND PUBLIC WORKS DEPARTMENT. I THE UNDERSIGNED BOARD OF COUNTY COMMISSIONERS DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,THAT ANY ADVANCE PAYMENT IS DUE AND PAYABLE PURSUANT TO A CONTRACT OR IS AVAILABLE AS AN OPTION FOR FULL OR PARTIAL FULFILLMENT OF A CONTRACTUAL OBLIGATION, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST JEFFERSON COUNTY AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. CHAIRPERSON, COMMISSIONER COMMISSIONER, MEMBER COMMISSIONER, MEMBER FUND SUMMARY CHECK RUN DATE 7-13-2026 Row Labels Sum of AMOUNT 108 3527.06 109 4464.6 127 43871.69 128 4849.42 131 47375.5 140 1825.84 143 7679.22 148 30772.02 149 1750 155 5840 174 3469.79 175 1484.29 180 12439.7 401 40028.89 406 123.63 501 94928.72 506 7135.98 507 24304.93 001 92653.94 blank) Grand Total 428525.22 S0 ? 9SHI NG' O ACCOUNTS PAYABLE WARRANT REPORT WARRANT DATE: 7-20-2026 TOTAL: $973,189.66 RECORDS OF ALL CLAIMS SUBMITTED FOR PAYMENT ALONG WITH VOUCHERS APPROVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS ARE RETAINED BY THE JEFFERSON COUNTY AUDITOR AND PUBLIC WORKS DEPARTMENT. I THE UNDERSIGNED BOARD OF COUNTY COMMISSIONERS DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,THAT ANY ADVANCE PAYMENT IS DUE AND PAYABLE PURSUANT TO A CONTRACT OR IS AVAILABLE AS AN OPTION FOR FULL OR PARTIAL FULFILLMENT OF A CONTRACTUAL OBLIGATION, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST JEFFERSON COUNTY AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. CHAIRPERSON, COMMISSIONER COMMISSIONER, MEMBER COMMISSIONER, MEMBER FUND SUMMARY CHECK RUN DATE 7-20-2026 Row Labels Sum of AMOUNT 1 146964.17 108 18097.02 109 185.36 127 157190.34 128 35466.29 131 4480.74 134 86. 36 148 11943.33 149 18939.17 155 228.58 174 4379.36 180 5485.94 301 13243.85 306 62364.93 401 282733.74 406 221.93 501 8107.99 502 3768.5 505 499.56 506 181999.34 507 16803.16 blank) Grand Total 973189.66 615 Sheridan Street Port Townsend, WA 98368 9effetson www.JeffersonCountyPublicHealth.org Public HeCal Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator DATE: SUBJECT: Agenda item — Five (5) Subrecipient Agreements between Jefferson County and regional entities for services that increase the accessibility of a variety of public resources throughout the county; 1-year terms beginning 05/12/2026. Total sum of all 5 agreements: $30,151.96. STATEMENT OF ISSUE: Jefferson County Public Health, Intellectual and Developmental Disabilities Program, requests Board approval of 5 (five) agreements between the County and the following subrecipients: City of Port Townsend 4,749.49); Disabled Hikers ($6,500); Jefferson County Historical Society ($3,250); Peninsula Trails Coalition 5,742.98); Port Townsend School District ($9,909.49). ANALYSIS/STRATEGIC GOALS/PROS and CONS: The Jefferson County Accessible Community Advisory Committee (ACAC), managed by the Jefferson County IDD Coordinator, partnered with a statewide committee to disperse state funds dedicated to improving the accessibility of public resources. As a result of that partnership, the Washington State Employment Security Department (ESD) entered into five concurrent agreements with Jefferson County on 05/12/2026 to dispense those funds to these five subrecipients. FISCAL IMPACT/COST BENEFIT ANALYSIS: The agreements with these five subrecipients will be funded through Jefferson County's concurrent five agreements with the Washington State ESD. RECOMMENDATION: JCPH management requests approval of these agreements. REVIEWED BY: C56°7/(046 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-26-026,027,028,029,030 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Peninsula Trails Coalition Contract No: DD-26-029 Contract For: ADA Seating Larry Scott Trail Term: 5/12/2026 - 1 year COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: x410 Contact email: BonnieO@co.jefferson.wa.us PROCESS:AMOUNT: $5,742.98 Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $5,742.98 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # 127 RFP or RFQ Munis Org/Obj 12768093 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP)DANCE WI 55.080 AND CHAPTER 42.23 RCW. CERTIFIED: rill N/A:1-1 G—*- May 18, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED Y ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: )rill N/A: f May 18, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/22/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/22/2026. DPA Luther approved on 05/22/2026 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 PENINSULA TRAILS COALITION This Subrecipient Agreement (Agreement) is made and entered into between Jefferson County (the County)and Peninsula Trails Coalition(Subrecipient)for the purpose of dispensing funds associated with the Accessible Communities Advisory Committee funding to the County via the Washington State Employment Security Department (ESD) in Contract No. K9069 (Agency Contract). IT IS AGREED UPON BY THE PARTIES AS FOLLOWS: A. INTENT OF THE PARTIES 1) It is the intent of the County to dispense funds to Subrecipient for the project described in the Statement of Work described in Exhibit A and for the amount described in Budget in Exhibit B of the Agency Contract. 2) It is the intent of Subrecipient to accept funds for the purpose of completing the work for the project described in the Statement of Work for the Budget in Exhibit B of the Agency Contract without any additional contribution by the County. B. TERM OF THIS AGREEEMENT The term of this Agreement shall be from the Effective Date until one year from the date execution of the Agency Contract [05/12/2027], unless modified by the County and ESD. The Effective Date shall be the date upon which this Agreement is signed by all parties. C. TERMINATION 1) Should a party default in providing 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) This Agreement may be terminated without cause at any time by either party subject to a sixty(60) day advance written notice of such termination to the other party. 4) Termination of this Agreement, pursuant to the processes described herein shall not constitute a breach of this Agreement. Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 1 of 19 DD-26-029 D. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations: 1) Subrecipient shall fulfill all the requirements of the Agency Contract, attached as Appendix A, the terms and conditions of which are incorporated by references into this Agreement. The requirements of the Agency Contract,include but are not limited to,performance of all work listed in the scope of work (Exhibit A). For the avoidance of doubt, Subrecipient understands and agrees that it shall furnish all the necessary personnel,material,equipment or services and shall otherwise do all things necessary for incidental to the performance of the work and the full completion of the project described in Exhibit A to the Agency Contract. Failure to comply with any requirement of the Agency Contract shall constitute material breach of this Agreement. 2) The payments for the work the project described in Exhibit A of the Agency Contract shall be made by ESD pursuant to the Agency Contract, as limited to the amounts listed in Exhibit B of the Agency Contract, unless modified by ESD and the County. Subrecipient understands and agrees that payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. 3) Subrecipient shall submit invoices to the County in a manner that satisfies the County's billing procedure requirements in section 6 of the Agency Contract. In addition: a) Subrecipient shall submit invoices to the County by the 10th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof,payment will be made to Subrecipient in the amount approved. b) Subrecipient shall submit invoices to publichealthap@co jefferson.wa.us. 4) Subrecipient shall provide the County with quarterly status report(s) on the updated performance of the work, consistent with the reporting requirements in section 7 of the Agency Contract. Quarterly status reports to the County shall be provided by Subrecipient on or before the 15th day of March, June, September and December. 5) Subrecipient shall comply with the requirements in section for Records, Documents and Review contained in section 17 of the Agency Contract as if it were the County. 6) Subrecipient shall comply with all state and federal requirements regarding the confidentiality of participant records. 7) 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). 8) Subrecipient shall have a grievance policy that: a) Negotiates conflicts and advises participants of grievance procedures; b) Is explained to participants; Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 2 of 19 c) Prohibits retaliation for using the grievance process; d) Includes a non-retaliation statement; e) Assures that advocates are available and encourages participants to bring advocates to help negotiate; f) Includes a mediation process that promotes the use of someone who is unaffected by the outcome if conflicts remain unresolved; and, g) Includes a process for tracking and reporting grievances. 9) Subrecipient shall comply with all applicable federal, state and local regulations. 10) Subrecipient shall comply with all the policies of the Jefferson County department managing this Agreement. E. DEBARMENT By signing this Agreement, 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. 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.Nothing in this section shall have the effect of limiting or preventing the County from executing any remedy set forth at 2 CFR§200.339 or any other federal regulation governing the dispensation of grant funding, if applicable. G. 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. Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 3 of 19 H. RECORDS AND DOCUMENTS REVIEW 1) Subrecipient shall 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 shall 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. 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 hereto as Appendix B for purposes of the County performing the risk assessment of Subrecipient and compliance monitoring of this Agreement that is required of the County by the Agency. J. 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 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. Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 4 of 19 c) Insurance. Recipient shall maintain commercial general liability coverage in a form acceptable to Jefferson County Risk Management for bodily injury, personal injury, and property damage,with a limit in the amount of at least one million dollars($1,000,000.00) per occurrence, for bodily injury, including death, and property damage. 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. vi) Blanket Contractual Liability. 3) 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. 4) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall comply with the same insurance requirements that Subrecipient is required to meet. 5) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement shall comply with the terms and conditions set forth in the Agency Contract at Appendix A. Failure of any persons engaged by Subrecipient in the performance of any work or service required by Subrecipient under this Agreement, whether such person or entity is an employee, subcontractor, independent contractor, or volunteer of Subrecipient,to comply with the requirements set forth in Agency Contract shall constitute material breach of this Agreement as if Subrecipient had caused the breach directly. 6) 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. 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 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 5of19 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 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. Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 6of19 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 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. Subrecipient is responsible for meeting all terms and conditions of this Agreement including standards of service,quality of materials and workmanship,costs,and schedules. Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 7 of 19 20) Subrecipient's employees shall not perform any of the work required in section A of the Agency Contract while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. 21) Any form of harassment, discrimination,or improper fraternization with any County employee or a participant is strictly prohibited. 22) 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. 23) 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. 24) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 25) 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. 26) 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. 27) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 28) The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 29) 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. 30) 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 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 8 of 19 mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Notices to Subrecipient shall be sent to the following address Ann Livingston, Executive Director Peninsula Trails Coalition PO Box 1836 Port Angeles, WA 98362 ann@olympicdiscoverytrail.org SIGNATURES FOLLOW ON THE NEXT PAGE) Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 9 of 19 ADOPTED THIS day of 2026 JEFFERSON COUNTY WASHINGTON PENINSULA TRAILS COALITION Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Signature Chair Name: _ Ann Livingston By: Fide: Executive Director Heidi Eisenhour, Commissioner Date: July 8, 2026 By: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: 4111.411 05-22-2026 Jeremi.':. L . her, Date Civil Deputy Prosecuting Attorney Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 10 of 19 APPENDIX-A AGENCY CONTRACT Docusign Envelope ID:Al3CCEF9-F1131-805E-80DF-400A2487465C WASMIJGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 CONTRACT K9069 Between WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT And JEFFERSON COUNTY,WASHINGTON CONTRACT INFORMATION Contract start date Contract end date Contract amount Authorization Upon Execution One year from the $5,742.98 Chapter 39.34 RCW date of execution Purpose In accordance with the Accessible Communities Advisory Committee(ACAC), this agreement provides state funding to assist in the completion of the County project identified herein. PARTIES: Jefferson County,WA(County) Address Business registration or UBI County Vendor Number 615 Sheridan,Port Townsend,WA 98368 161-001-169 SWV0002430 Contract Manager CM Phone CM Email Bonnie Obremski 360-385-9410 BonnieO©co.jefferson.wa.us Employment Security Department(ESD) Contact Address Division 212 Maple Park Ave.SE,Olympia,WA 98501 Human Resources Contract Manager CM Phone CM Email Elaine Stefanowicz 360-890-3774 elaine.stefanowicz@esd.wa.gov ATTACHMENTS: This Contract includes the following attachment(s)and document(s)incorporated herein Exhibit A—Statement of Work Exhibit B-Budget The terms and conditions of this Contract are an integration and representation of the final,entire and exclusive understanding between the parties superseding,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 Jefferson Date Employment Security Department Date L l fti.Pkitt.464M. 6/12/2026 IGreg Brotherton Elizabeth Gordon Title Tine Chair,Board of County Commissioners Executive Director Approv as t rrn only. Date 04/ 22/2026 Jere 'a uther, Deputy Prosecuting Attorney DD-2e-024 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 11 of 19 Docusign Envelope ID Al 3CCEF9-F 1B1-805E-80DF-400A2487465C 1 Employment Security Deportment WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507 9046 This Contract is between the Washington State Employment Security Department, hereinafter called"ESD", and Jefferson County, hereinafter called'County." ESD and County may also be individually referred to as Party, or jointly referred to as Parties. The Parties hereby mutually agree as follows: 1. PURPOSE With the passing of the Accessible Communities Act, the Legislature found that Washington State residents with disabilities continue to face barriers that could be easily eliminated.Through this legislation, counties have the opportunity to form county Accessible Community Advisory Committees and develop projects in their communities that will increase the disability awareness and accessibility of their county. Once these projects are developed and approved by the Governor's Committee on Disability Issues and Employment(GCDE),counties can receive funds to carry out these projects. Counties are eligible to apply for funding for other approved projects when a prior project is completed. This purpose of this Agreement is to set out the terms and conditions for the State of Washington to assist the county and provide funding for the projected identified herein. 2. AUTHORIZATION This Contract is authorized in accordance with Chapter 39.34 RCW — Interlocal Cooperation Act,and further in accordance with the Governor's Committee on Disability Issues and Employment(GCDE). TERMS AND CONDITIONS: 3. CONTRACT TERM The term of this Agreement starts on the date of execution and ends one year from the date of execution. Parties may agree to modify the term upon issuance of a mutually executed amendment. 4. STATEMENT OF WORK The statement of work is attached hereon as Exhibit A- Statement of Work. County shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work and the full completion of the project therein. 5. COMPENSATION The County estimated the State's supplemental cost for accomplishing the work herein to be$5,742.98. ESD will reimburse County for its expenditures and costs in the amount of$5,742.98. The allocation of the cost breakdown is on Exhibit B. Payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. Washington Employment Security Department-ESD Contract U K9069 Page 2 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 12 of 19 Docusign Envelope ID Al3CCEF9-F1B1-805E-80DF-400A2487465C Employment Security Department WASHINGTON STATE P.0 ROX 9046,OLYMPIA,WASHINGTON 98507 9046 6. BILLING PROCEDURE The County must submit invoices monthly or upon completion of the project for services performed under this Contract on an Invoice Voucher(Form A-19), or similar invoice. Invoices must include such information as necessary for ESD to determine the exact nature of all expenditures. and goods or services provided to and received Each invoice must clearly indicate the Contract number herein. The invoice document must be submitted to. Employment Security Department Attention.Vendor Payments PO Box 9046 Olympia, WA 98507 Or one electronic copy of invoice document to: VendorPayments a@esd.wa.gov, with a copy sent to ESD's Contract Manager. ESD will pay the County for completed and approved work within thirty(30)days of receipt of invoice 7. REPORTING The County shall provide the ESD Contract Manager quarterly status report(s) on the updated performance Reports are to be submitted via email to the ESD contract manager 8. AMENDMENTS This Agreement may be amended Amendments are not binding unless they are in writing and executed by personnel authorized to bind each respective party 9. CONTRACT MANAGEMENT Each respective Contract Manager listed on page one is the designated person for the general management of this Contract, to include receiving all communications and notices related to the contract. All correspondence and all legal notices from either party will be deemed as being properly sent to the other party if made by emailing said written communication to the other party's identified Contract Manager. Each party is required to notify the other manager in writing within three business days of any changes to that party's Contract Manager's information. Contract Managers may be changed through administrative notice to the other party, and do not require a full amendment. 10. DISPUTES Parties will request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governors process will control. 11. DUPLICATION OF BILLED COSTS County shall not bill ESD for costs if County is being paid by another funding source for these same costs. Washington Employment Security Department-ESD Contract#K9069 Page 3 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 13 of 19 Docusign Envelope ID A13CCEF9-F1B1-805E-80DF-400A2487465C Employment Security Department wASIHNGroN StA. P.O BOX 9046,OLYMPIA,WASHINGTON 98507 9046 12.ELECTRONIC SIGNATURES, COUNTERPARTS,AND DELIVERY The parties agree that this Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement; and that electronic signature, or e-signature, of this Agreement shall be the same as execution of an original ink signature;and that E-mail, electronic, or facsimile delivery of a signed copy of this Agreement shall be the same as delivery of an original. 13.GOVERNANCE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue hereunder will be in the Superior Court for Thurston County. In the event of an inconsistency in this Contract, unless otherwise provided,the inconsistency is resolved by giving precedence in the following order: 1. Applicable Federal and Washington State Statutes and Regulations. 2. All terms and conditions herein. 3. Any attachments in their descending alphabetical order. 4. Any other material incorporated herein by written reference. 14. INDEMNIFICATION Each party to this agreement is responsible for its own acts and/or omissions and those of its officers, employees and agents. To the extent permitted by law, each party will hold the other harmless from costs, damages, or expenses arising from this agreement and based upon the negligence or non-compliance of the party. 15. INDEPENDENT CAPACITY Each Party retains its independent capacity as a self-governing public agency under this agreement. No additional partnering entity is established herein. 16. INSURANCE REQUIREMENTS Each Party warrants that they are insured under a Self-Insured Liability Pool or have commercial insurance that will protect against any damage claims that might result from performing under this contract. Said insurance must be for such amounts as are prudent and customary for a government entity. 17. RECORDS, DOCUMENTS AND REVIEW Maintenance of Records: Unless otherwise specified in the Contract, all books, records,documents, and other materials relevant to this Agreement will be retained for six(6) years after expiration of this Contract. Each party will utilize reasonable security procedures and protections to assure records and documents provided by the other party are not erroneously disclosed to third parties. Review of Records: County shall grant ESD,and its designees full access to and the right to examine and copy any or all books, records, papers, documents and other material regardless of form or type which are pertinent to the performance of this Contract,or reflect all direct and indirect costs of any nature expended in the performance of this Washington Employment Security Department-ESD Contract#K9069 Page 4 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 14 of 19 Docusign Envelope ID Al3CCEF9-F181-805E-80DF-400A2487465C Employment Security Department WASHINGTON STATE P,O.BOX 9046,OLYMPIA,WASHINGTON 9850/-9046 Contract.Access must be available at all reasonable times not limited to the required retention period but as long as records are retained,and at no additional cost to ESD. 18.SEVERABILITY The provisions of this Agreement 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 thisAgreement provided that the remaining provisions can be given effect without the illegal or invalid provision. 19.TERMINATION AND SUSPENSION ESD. upon providing written notice, may terminate or suspend this Agreement, in whole or in part for convenience, or based upon the potential breach of terms by the County. If this Contract is terminated, ESD shall be liable only for final payment for services rendered or expenses incurred prior to the effective date of termination. 20.WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and does not constitute a waiver of any other rights under this Agreement, unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. Washington Employment Security Department-ESD Contract#K9069 Page 5 Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 15 of 19 Docusign Envelope ID.Al 3CCEF9-F 1B1-805E-80DF-400A2487465C Employment Security Department wASI-IINGTON SEATS P 0 BOX 9046,OLYMPIA,WASHINGTON 98507-9046 EXHIBIT A STATEMENT OF WORK JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) LARRY SCOTT TRAIL ADA FACILITIES UPGRADE Project Upgrade the Larry Scott Trail ADA Facilities. Overview The project will procure and install 2 ADA-compliant picnic tables and 1 ADA- compliant bench to further the Peninsula Trail's Coalition's goal of making the trail open to people of all abilities. The new tables and bench will replace old, crumbling, and non-ADA compliant facilities. Timeline It will take approximately one year to complete the project. Resources required Cost 5,742.98 Cost is for the budget in Exhibit B. Employment Security Department-ESD Contract N K9069 Page 6 Exhibit A—Statement of Work Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 16 of 19 Docusign Envelope ID Al3CCEF9-FIB1-805E-80DF-400A2487465C l Employment Security Department WASHINGTON STATE P O ROl(9046,OLYMPIA,WASHINGTON 98507-9046 EXHIBIT B BUDGET JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) TARRY SCOTT TRAIL ADA FACILITIES UPGRADE Costs: ADA Facilities: 1 ADA Picnic Table, $1,239 Quantity(2)$2,478.00 2. ADA Park Bench, $1,450 Quantity(1)$1,450.00 Other Installation Costs: 3. Shipping&Taxes for Bench and Tables $564.98 4. Concrete,tools, misc. $1,250 TOTAL BUDGET$5,742.98 In-Kind Donations: The planning, acquisition, management, and installation of the new trail infrastructure will be conducted by the Peninsula Trails Coalition's volunteers, staff, and board members. The Peninsula Trails Coalition will also manage upkeep and maintenance of the new ADA trail infrastructure through its volunteer corps. Washington Employment Security Department-ESD Contract$t K9069 Page 7 Exhibit B—Budget Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 17 of 19 APPENDIX B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: K9069 DATE: NAME OF SUBRECIPIENT: Peninsula Trails Coalition 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 os/26 for debarment, declared ineligible, or voluntarily excluded X7fromtransactionsbyanyFederal, State, or local department or agency Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or 7/08/26 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 7/08/26 criminal offense in connection with obtaining, attempting to X 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 7/o8/ 26 submission of this Compliance and Risk Monitoring Form X one or more public transactions (Federal, State, or local) terminated for cause or default Subrecipient has provided all written reports required by the7/08/26 Agency Contract and this Subrecipient Agreement as of NA Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 18 of 19 DATE CERTIFICATION ITEM YES NO the submission of this Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it 7/08/26 from any government agency since the last certification for NA its performance related to the Agency Contract Subrecipient certifies that all of the deliverables and other 7/08/26 work required since the last certification have been NA completed All the work being billed for in the invoice being certified 7/08/26 by this Compliance and Risk Monitoring Form actually has NA been performed, including any timesheet or other backup Subrecipient agrees to submit to an audit within 30 days of X7/08/26 a request from the County or the Agency os/26 Subrecipient has corrected any deficiencies identified since 7the last certification NA Signed at City State 7/08/ 26 SUBRECIPIENT SIGNATURE DATI; WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVALSIGNATURE DATE WR1ENAME OF PERSON APPROVING CERTIFICATION Accessible Communities Advisory Committee Subrecipient Agreement for Peninsula Trails Coalition for ESD Contract K9069. Page 19 of 19 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Wendy Housekeeper,Executive Assistant DATE: July 20,2026 SUBJECT:ADVISORY BOARD REAPPOINTMENTS(5)and APPOINTMENT(1) re: Local Emergency Planning Committee(LEPC); The American Red Cross-Andrew Stockton; Jefferson County Public Health-Apple Martine; City of Port Townsend Police Department—Thomas A. Olson; United States Navy—Tim Callister; Quilcene Fire Rescue—Timothy M. McKern and newly appointed East Jefferson Fire Rescue—Bret Black STATEMENT OF ISSUE: On July 8, 2026, The Local Emergency Planning Committee (LEPC) approved the (5) five reappointments of the members listed below. A newly appointed member was also approved. ANALYSIS: The Local Emergency Planning Committee recommends that the Board of County Commissioners(BOCC) reappoint and appoint the following members to the terms listed below: Timothy M. McKern(Chair)—Quilcene Fire Rescue—Two(2)year term expiring 07/ 20/28 Andrew Stockton—The American Red Cross-Two(2)year term expiring 07/20/28 Apple Martine(Vice Chair)—Jefferson County Public Health-Two(2)year term expiring 07/20/28 Thomas A. Olson—City of Port Townsend Police Department-Two(2)year term expiring 07/20/28 Tim Callister—United States Navy-Two(2)year term expiring 07/20/ 28 Newly appointed—Bret Black-East Jefferson Fire Rescue—Two(2)year term expiring 07/ 20/28 RECOMMENDATION Approve the letters for reappointed Local Emergency Planning Committee: Timothy M. McKern(Chair)—Quilcene Fire Rescue Andrew Stockton—The American Red Cross Apple Martine(Vice Chair)—Jefferson County Public Health Thomas A. Olson—City of Port Townsend Police Department Tim Callister—United States Navy Approve the letter for newly appointed Local Emergency Planning Committee: Bret Black—East Jefferson Fire Rescue REVIEWED BY: QN) 1-{-ii .6-/?.6, Josh D. Peters, County Administrator Date 615 Sheridan Street Port Townsend, WA 98368 thson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager Tami Pokorny, Natural Resources Program Coordinator DATE: jiit-ib O, Q SUBJECT: Agenda Item — Amendment 1 to the Dosewallips Rocky Brook Final Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board SRFB) #24-1096 Grant Agreement; July 1, 2025 — July 1, 2027; $0 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Amendment 1 to the Dosewallips Rocky Brook Final Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) #24-1096 Grant Agreement; July 1, 2025 — July 1, 2027; to add Climate Commitment Act funding language. ANALYSIS/STRATEGIC GOALS/PROS and CONS: Public Health requests approval of Amendment 1, at the request of RCO, to add Climate Commitment Act CCA) funding to the Scope of Work and the requirement to ensure consistent CCA branding and funding acknowledgments in communications, contracts, project-related publications, signs and other materials throughout the project. The language to be used is: The Dosewallips Rocky Brook Final Design is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov. Branding also includes the use of a CCA logo. FISCAL IMPACT/COST BENEFIT ANALYSIS: No additional funding is associated with this amendment. Funding for this project remains at $286,000. RECOMMENDATION: JCPH Management recommends BoCC approval of Amendment 1 to the Dosewallips Rocky Brook Final Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) #24-1096 Grant Agreement; July 1, 2025 — July 1, 2027; to add Climate Commitment Act funding language. REVIEWED BY: C! 7/13 7( 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 W Q-25-068-A l CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: RCO,Salmon Recovery Funding Brd Contract No: WQ-25-068-A1 Contract For: Dosewallips Rocky Brook Final Design,Amend 1 Term: 7/1/2025 -7/1/2027 COUNTY DEPARTMENT: Public Health/Environmental Health Contact Person:Tami Pokorny Contact Phone: x 498 Contact email: tpokorny@co.jefferson.wa.us PROCESS: AMOUNT: $286,000 Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP E WIT 3 80 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:! 1 July 7, 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: fl N/A: f July 7,2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/13/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/10/2026. DPA Luther reviewed and approved on 07/10/2026. 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 WASHINGTONSTATf Amendment to RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:24-1096P Amendment: 1 Project Title:Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 AMENDMENT DESCRIPTION To add CCA to this grant. PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board(SRFB or funding board)and the Recreation and Conservation Office RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and Jefferson County(Sponsor. and primary Sponsor), 615 Sheridan St, Port Townsend, WA 98368, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Unique Entity ID(UEID) Number is FGN7DDMJA7H7. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors(and on file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1)sign a grant application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement including any amendments thereto)and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO). DESCRIPTION OF PROJECT Jefferson County will utilize the data and information collected in the assessment and conceptual design phase(RM 3.4 to 5.8 RCO#21-1024)to develop preliminary and final designs for a pilot project for RM 3.6 to 4. 0 to address alteration of the mainstem and floodplain, the loss of side channel habitat, and the restriction of natural channel migration zone processes. The goal of the overarching project remains, to restore habitat for Hood Canal summer chum and Chinook salmon to improve opportunities for spawning, rearing and migration by improving sediment transport, pool formation, in-channel habitat complexity at flows typical for these targeted salmon life histories. Through a range of actions to include engineered log jams and side channel excavation and enhancement, the project will 1)promote sediment sorting, bar aggradation, and pool development, 2)stabilize channel migration to protect riparian plantings, and 3)enhance existing side channel habitats to promote conveyance and a diversity of side channel habitat types. Designs will incorporate climate-influenced flow and channel migration projections utilizing a hydraulic model built on 2023 LiDAR and topographic change detection analysis. The County and contractor will continue to host meetings of the Dosewallips River Collaborative, and with individual landowners, in order to gather and disseminate information across the Brinnon community and to inform design development. RCO: 24-1096 Revision Date: 1/31/2025 Page 1 of 30 PERIOD OF PERFORMANCE The period of performance begins on July 1, 2025(project start date)and ends on July 1, 2027(project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed$286,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount.The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB -Puget Sound Acq &Rest-CCA 100.00% 286,000.00 State Total Project Cost 100.00% 286,000.00 At the direction of the legislature and RCO best practices, sponsors must utilize the project funds in a timely and efficient manner in accordance with the project milestones set forth in this Agreement. Projects not aptly progressing towards completion may have funding rescinded. CLIMATE COMMITMENT ACT FUNDING Where this section conflicts with other provisions of this Agreement, the requirements of this section shall prevail. Project Funding, Laws, and Rules This project is funded through the Climate Commitment Act(Chapter 316, Laws of the State of Washington, 2021 ("CCA"or the Act"). Funds provided here in is from one or more of the following accounts in the state treasury: Carbon Emissions Reduction Account(CERA), Climate Investment Account(CIA), Climate Commitment Account(CCA), Natural Climate Solutions Account(NCSA), and Air Quality and Health Disparities Improvement Account(AQHDIA). Sponsor shall comply with the requirements of the Act and specific requirements for each account that funds the project. Sponsors shall also follow all applicable Agencies' (see below)WAC's and policies established pursuant to the Act. Geographic Scope of Work Funding through the Act's accounts(listed above)for this Agreement shall only be spent on the project and within the state of Washington. Reporting Sponsor shall assist RCO with its reporting requirements per the Act, and any applicable WAC's including but not limited to WAC 173-446B. At the direction of RCO, Sponsor shall report project information to Washington State Department of Ecology("ECY"), Washington State Department of Commerce,Washington State Department of Natural Resources, the Washington State Department of Health (DOH), the Office of the Governor, the Washington State Legislature("LEG")to include the Joint Legislative Audit and Review Committee, the Environmental Justice Council (ECY, DOH), and the Office of Financial Management("Agencies"), through 2045. Sponsor must provide RCO any requested project information needed to complete its Environmental Justice Assessment and Review and plans and assessments required by Act through 2045. At the direction of RCO, Sponsor shall use reporting tools provided by the RCO or the Agencies to complete Sponsor and RCO's reporting requirements per this Agreement and the Act, and any WAC's or policies established by the Agencies RCO:24-1096 Revision Date: 1/31/2025 Page 2 of 30 pursuant to the Act. Outreach At the request of RCO, Sponsor shall provide a copy of all Sponsor project education and outreach materials via email to RCO for review prior to distribution. Funding Source Acknowledgement and Branding To strengthen public awareness of how CCA funding is used, Sponsor shall ensure consistent branding and funding acknowledgments are used in all communications and included in funding agreements, contracts, press releases and project related publications, media, and at the project site in the form of signs during all phases of the project to include pre- construction, pre-renovation, pre-rehabilitation, and for completed projects at the project site. Sponsor shall also ensure its contractors, subcontractors, service providers and others who assist Sponsor in implementing the project include recognition of CCA project funding on their website and other promotional or informational materials. Capital equipment costing more than 5,000 shall also be branded with a CCA logo. Sponsor shall request RCO provide the format for acknowledgement and branding language and logo in the language and font, and logo color, font, and format, consistent with CCA funding requirements as set for in this subsection. For logos, Sponsor shall contact RCO to request approved logo templates. Language: "The Dosewallips Rocky Brook Final Design is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." Logo: Sponsor shall request RCO send it logo templates approved by the state. The RCO provided logos should always be used in its entirety, with the wordmark and symbols together.The logo should not be altered in any way, including changing the colors, proportions or fonts. The logo should be displayed on a white background. If a white background isn't possible, use the primary logo with the border or one of the approved white logos. The primary color palette is the shades of green, but it can also be used in black and white and/or gray scale as required. The logo can be used in a variety of applications, including websites, social media, print materials, and signage. When using the logo in digital applications or printing for signage, it is important to use a high-resolution version of the logo. FEDERAL FUND INFORMATION This project is match to the following federal funding source(s)and the same provisions apply as if this project were funded by the federal funding source(s)as a federal subaward: Federal Agency: US Environmental Protection Agency Assistance Listing Number and Name: 66.456-PSP Federal Award Identification Number: CE-01J31901 Federal Fiscal Year 2017 Federal Award Date: 09/08/2017 Total Federal Award: $17,438,600 Federal Award Project Description: This Base Grant is for the Puget Sound National Estuary Program. This backbone organization role includes: Program level financial management; researching funding opportunities; providing program match for local and tribal capacity grants; demonstrating sound fiscal management practices;Administering the Partnership's Boards and partners in the development of the Action Agenda; Supporting direct public engagement; Coordinating and implementing a strategic science program to support Puget Sound ecosystem recovery; Ecosystem Assessment and Monitoring; and Reporting on outputs and outcomes. Sponsor's Indirect Cost Rate: 10.00%of De Minimus base: MTDC, as defined by 2 CFR 200. 414(f) This funding is not research and development(R&D). If the Sponsor's total federal expenditures are$1,000,000 or more during the Sponsor's fiscal-year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200(as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured. RCO:24-1096 Revision Date: 1/31/2025 Page 3 of 30 RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email)by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement,WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Reimbursements-Manual 8 Salmon Recovery Grants-Manual 18 SPECIAL CONDITIONS PRELIMINARY DESIGN REVIEW The SRFB Review Panel conditions this project for review and approval of the preliminary design and design report before the sponsor submits permits and advances to final design or construction. The design plans and report need to include the elements specified in Manual 18, Appendix D.The SRFB review panel will provide comments to the sponsor in 30 days or less, from the time materials are received. Please account for this review timing in your project delivery schedule. The next iteration of design should include more information on how the design improves habitat suitability for salmonids in the project area in equal or greater proportion to providing erosion control for the landowner; design development, modeling and evaluation should focus on how the project affect spawning conditions in this important reach. SPECIAL CONDITIONS-CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Rocky Brook Final Design APE RCO:24-1096 Revision Date: 1/31/2025 Page 4 of 30 State-RCO Lead:Survey required pending federal nexus:This agreement requires compliance with Executive Order 21-02 and may receive a federal permit or funding in the future. RCO has completed initial consultation for this project and a cultural resources survey is required for any project actions that will take place prior to engagement of a lead federal agency. RCO will defer to the federal lead agency for their permitted/funded project actions once evidence of compliance with Section 106 of the National Historic Preservation Act as defined by the federal lead agency is provided. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project.Archaeological monitoring of any proposed geotechnical borings,investigations,or test pits may be included as part of the cultural resources survey.The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting ground disturbing activities,work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact RCO Contact Tami Pokorny Josh Lambert Natural Resources Program Coor Outdoor Grants Manager PO Box 1220 PO Box 40917 Port Townsend,WA 98368 Olympia,WA 98504-0917 tpokorny@co.jefferson.wa.us Josh.Lambert@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement,decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement,with all amendments and attachments, constitutes the entire Agreement of the parties No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement,this Agreement,for Project 24-1096, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Jefferson County By: Date: Name(printed): Greg Brotherton Title: Chair,Board of County Commissioners Approved as to form only: 0jt411J 07-10-2026 Je - is •_Luther, Date Civil Deputy Prosecuting Attorney RCO: 24-1096 Revision Date: 1/31/2025 Page 5 of 30 State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board(SRFB or funding board) By: Date: For: Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: By: Date: 01/ 31/2025 Assistant Attorney General RCO: 24-1096 Revision Date: 1/31/2025 Page 6 of 30 C WASHINGTON STATE Amendment to RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:24-1096P Amendment: 1 Project Title:Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Project Metrics Other Funds: Donated Paid Labor Sponsor Employee Payroll Other Funds: Donated Unpaid Labor Donated Labor Other Funds: In-Kind Contributions Animal/Stock Use Equipment Use Indirect Land/Property Materials Mileage Per Diem Services Supplies Other Funds: Monetary Funding Federal Appropriation Local Appropriation State Appropriation Tribal Appropriation Federal Grant Local Grant Private Grant State Grant Tribal Grant Cash Donation Bonds Other Funds: State(RCO)Funding Grant-RCO Planning Metrics Worksite#1,Dosewallips Rocky Brook Final Design Targeted salmonid ESU/DPS(A.23). Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Coho RCO 24-1096 Revision Date: 1/31/2025 Page 7 of 30 Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): None Area Encompassed (acres)(B.0. b.1): 9.0 Miles of Stream and/or Shoreline Affected (B.0. b. 2): 0.45 Design for Salmon restoration Preliminary design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1220) Guidance for Prioritizing Salmonid Stocks, B.1.b 11.a): Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6q5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan (1222)(B.1.b. 11. b): This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council(HCCC)and identified the Dosewallips summer chum subpopulation is its third highest priority. Final design and permitting (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1221) Guidance for Prioritizing Salmonid Stocks, B.1.b. 11.a): Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6g5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan(1223)(B.1.b.11.b): This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council(HCCC)and identified the Dosewallips summer chum subpopulation is its third highest priority. Restoration Planning And Coordination Project Conducting habitat restoration scoping and feasibility studies B.1.b.8) Project Identified in a Plan or Watershed Assessment(B.1.b.8.a):Guidance for Prioritizing Salmonid Stocks, Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6q5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan(B.1.b. 8. b)(1211): This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council(HCCC)and identified the Dosewallips summer chum subpopulation is its third highest priority. Name and Description of Plan (2299): In June 2024, Jefferson County and Natural Systems Design completed the first draft of a Resiliency Plan for the Rocky Brook Reach with existing funds(attached). Salmonid Habitat Assessment/Inventory Habitat surveys (B.2.d) Acres of habitat assessed (B.2.d.2):15.0 Amount Of Habitat Assessed That Needed Restoration (B.2.d. 3): 9.0 Type of Habitat Assessment(B.2. d 1): Floodplain mapping, Forest inventories, Invasive species, Riparian condition, Wetlands Landowner willingness inventory Document Name (1224): Meeting summaries from Dosewallips River Collaborative and Rocky Brook Reach neighborhood meetings. Number of landowers contacted: 25 Cultural Resources RCO: 24-1096 Revision Date: 1/31/2025 Page 8 of 30 Cultural resources Agency Indirect Costs Agency Indirect RCO: 24-1096 Revision Date: 1/31/2025 Page 9 of 30 ti WASNING.ON STATE Amendment to RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:24-1096P Amendment: 1 Project Title:Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description X Project Start 07/01/2025 Applied for Permits 03/01/2026 X Progress Report Due 03/ 28/2026 RFP Complete/Consultant Hired 06/01/2026 Progress Report Due 06/30/2026 Annual Project Billing Due 06/ 30/2026 Data Gathering Started 08/01/2026 Special Conditions Met 08/01/2026 Review Panel approval of preliminary design Cultural Resources 11/01/2026 Submit CR survey, completed as part of 18-1228, to RCO for consultation at least 90 days prior to any ground disturbance Preliminary Design to RCO 12/02/2026 Submit to RCO for Review Panel review Progress Report Due 12/31/2026 Final Design to RCO 12/31/2026 Final Report Due 07/01/2027 Final Billing Due 07/01/2027 Agreement End Date 07/01/2027 RCO:24-1096 Revision Date: 1/31/2025 Page 10 of 30 ti WASHINGTON STATE Amendment to RCO Grant Agreement Recreation andligConservationOffice Project Sponsor: Jefferson County Project Number:24-1096P Amendment: 1 Project Title:Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 12 CITATIONS, HEADINGS AND DEFINITIONS 12 PERFORMANCE BY THE SPONSOR 14 ASSIGNMENT 15 RESPONSIBILITY FOR PROJECT 15 INDEMNIFICATION 15 INDEPENDENT CAPACITY OF THE SPONSOR 16 CONFLICT OF INTEREST 16 COMPLIANCE WITH APPLICABLE LAW 16 ARCHAEOLOGICAL AND CULTURAL RESOURCES 17 RECORDS 18 PROJECT FUNDING 18 PROJECT REIMBURSEMENTS 18 ADVANCE PAYMENTS 19 RECOVERY OF PAYMENTS 20 COVENANT AGAINST CONTINGENT FEES 20 INCOME (AND FEES)AND USE OF INCOME 20 PROCUREMENT REQUIREMENTS 20 TREATMENT OF EQUIPMENT AND ASSETS 21 RIGHT OF INSPECTION 21 STEWARDSHIP AND MONITORING 21 PROVISIONS FOR FEDERAL SUBAWARDS 22 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 24 PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS 24 ORDER OF PRECEDENCE 27 LIMITATION OF AUTHORITY 28 WAIVER OF DEFAULT 28 APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 28 SPECIFIC PERFORMANCE 28 TERMINATION AND SUSPENSION 28 DISPUTE HEARING 29 ATTORNEYS' FEES 30 GOVERNING LAWNENUE 30 SEVERABILITY 30 END OF STANDARD TERMS AND CONDITIONS 30 RCO: 24-1096 Revision Date: 1/31/2025 Page 11 of 30 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 05/15/2026. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement,terms of the Agreement,or project agreement—The document entitled"RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, subject(if applicable)to substitution of the"RCO director"for the term"board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the"RCO director"for the term"board"or"agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R.—Code of Federal Regulations completed project or project completion—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have been recorded (as may apply). contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement. equipment—Tangible personal property(including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level RCO:24-1096 Revision Date: 1/31/2025 Page 12 of 30 established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)). funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity—the entity that approves the project that is the subject to this Agreement. grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved 2 C.F.R. 200 as updated). long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share—The portion of the total project cost provided by the Sponsor. milestone—An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office—Means the Recreation and Conservation Office or RCO. pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program(2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance—The period beginning on the project start date and ending on the project end date. planning project-A project that results in one or more of the following: 1)a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2)a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre-agreement cost—A project cost incurred before the period of performance. primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area—The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects,the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project—The status of a project when all of the following have occurred. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have been recorded(as may apply). project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions(see also 2 C.F.R. Part 200(as updated))for federally funded projects). RCO: 24-1096 Revision Date: 1/31/2025 Page 13 of 30 project end date—The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date—The specific date identified in the Agreement on which the period of performance starts. RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW—Revised Code of Washington reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project—A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB—Salmon Recovery Funding Board subaward—Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200(as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200 as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC—Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO(to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. RCO: 24-1096 Revision Date: 1/31/2025 Page 14 of 30 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell,give, or otherwise assign to another party any property right, or alter a conveyance(see below)for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts,errors, omissions or negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsors waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsors employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend,waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. RCO: 24-1096 Revision Date: 1/31/2025 Page 15 of 30 INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law,the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party RCO: 24- 1096 Revision Date: 1/31/2025 Page 16 of 30 that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands:Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects(such as acquisition or planning projects)must be met prior to final reimbursement. D. Compliance and Indemnification. At all times,the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68. 50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency and Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation(DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic,then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over RCO: 24-1096 Revision Date: 1/31/2025 Page 17 of 30 the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine(9)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42. 56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04(which ever applies). Additionally,the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)). E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a RCO: 24-1096 Revision Date: 1/31/2025 Page 18 of 30 donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. 2) On-site signs are in place(if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200 as updated).Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: 1) Are verifiable from the non-Federal entity's(Sponsor's)records; 2) Are not included as contributions for any other Federal award; 3) Are necessary and reasonable for accomplishment of project or program objectives; 4) Are allowable under 2 C.F.R. Part 200 as updated; 5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6) Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and 7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable. F. Requirements for Federal Subawards: Close out. Per 2 C.F.R§200.343(2013), the non-Federal entity(Sponsor) must: 1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity(RCO)may approve extensions when requested by the Sponsor. 2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity(Sponsor)for use in other projects. See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013), for requirements regarding unreturned amounts that become delinquent debts. 4) Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200. 316 Property trust relationship and 200.329 Reporting on real property(2013). ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. RCO: 24-1096 Revision Date: 1/31/2025 Page 19 of 30 RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME(AND FEES)AND USE OF INCOME A. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site(including entrance, utility corridor permit, cattle grazing,timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with program income requirements(see 2 C.F.R. Part 200(as updated)for federal awards). PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists,the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and RCO: 24- 1096 Revision Date: 1/31/2025 Page 20 of 30 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. 1) For all Federal subawards, non-Federal entities(Sponsors)must follow 2 C.F.R§§200.318 General procurement standards through 200.326 Contract Provisions(2013). TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements(2 C.F.R§200.313(2013)as updated and amended): 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property(including the Federal Award Identification Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property.Any loss, damage, or theft must be investigated. 4) Adequate maintenance procedures must be developed to keep the property in good condition. 5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include(or be amended to include)the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. RCO:24-1096 Revision Dater 1/31/2025 Page 21 of 30 PROVISIONS FOR FEDERAL SUBAWARDS The following shall apply, as applicable by federal law, rule, policy waiver, or presidential executive order: A. Sub-Recipient(Sponsor)must comply with the cost principles of 2 C.F.R. Part 200(as updated). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in- kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 58,Section 70901-52.Subrecipients must comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the following Buy America preference: 1) All iron and steel used in the project are produced in the United States.This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 4) Subject to subsequent approved federal agency specific waivers. C. Binding Official. Per 2 CFR 200(as updated), as updated, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812)." D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 C.F.R. §60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4( b), in accordance with Executive Order 11246, Equal Employment Opportunity 30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200(as updated). 1) Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60-1.3 defines a"federally assisted construction contract"as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant,contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. 2) Construction Work.The regulation at 41 C.F.R. §60-1.3 defines"construction work"as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. E. Davis-Bacon Act,as amended (40 U.S.C.3141-3148).When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities(Sponsors)must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations 29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity(Sponsor)must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity(Sponsor)must report all suspected or reported violations to the federal awarding agency identified RCO: 24-1096 Revision Date: 1/31/2025 Page 22 of 30 in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145), as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient(Sponsor)must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity(Sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. F. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable, all contracts awarded by the non-federal entity(Sponsor)in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient Sponsor)must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. H. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as Amended.Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency(EPA). I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies(per the certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly)received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt 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 project. Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. J. Procurement of Recovered Materials.A non-federal entity(Sponsor)that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. K. Required Insurance.The non-federal entity(Sponsor)must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R§200.310(2013)). L. Debarment and Suspension(Executive Orders 12549 and 12689).The Sponsor must not award a contract to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549(3 RCO:24-1096 Revision Date: 1/31/2025 Page 23 of 30 C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. M. Conflict of Interest.Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203 b)(8)(2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS The following provisions shall be in force for this Agreement, funded in part or wholly from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs For State Agencies.GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200(as updated)as appropriate to the award. In addition to the US Environmental Protection Agency's General Terms and Conditions"Indirect Cost Rate Agreements," if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200(as updated). B. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS SECTION, materials produced must display both the Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement period of performance. C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act(PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. D. Drug Free Workplace Certification.Sub-recipient(Sponsor)shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B.Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. E. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term"management fees or similar charges" refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work. F. Trafficking in Persons and Trafficking Victim Protection Act of 2000(TVPA).This provision applies only to a sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor), if any. Sub-recipient(Sponsor)shall include the following statement in all sub-awards made to any private entity under this Agreement. You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under this Award." The sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor)must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. The federal agency funding this Agreement may unilaterally terminate,without penalty,the funding award if this RCO:24-1096 Revision Date: 1/31/2025 Page 24 of 30 prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. G. Lobbying.The chief executive officer of this recipient agency(Sponsor)shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient(Sponsor)shall abide by its respective Cost Principles OMB Circulars A-21,A-87, and A-122),which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub- awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each expenditure. All contracts awarded by Sponsor shall contain,when applicable, the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4)of the code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. H. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. I. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. J. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the maximum extent possible, certified minority owned (MBE)and women owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8%MBE 4%WBE; Purchased Services 10%MBE 4%WBE; Professional Services 10% MBE 4%WBE. Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non- achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1) Include qualified minority and women's businesses on solicitation lists. 2) Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3) Divide the total requirements,when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4) Establish delivery schedules,where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5) Use the services and assistance of the State Office of Minority and Women's Business Enterprises OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. K. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1) There are any funds budgeted in the contractual/services, equipment or construction lines of the award; and/or$3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s)meet the conditions as described in items(a)and (b).When completing the form, recipients(Sponsors)should disregard the quarterly and semi-annual boxes in the reporting period Section 1 B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period,whichever comes first. The reporting requirement is based on planned RCO: 24-1096 Revision Date: 1/31/2025 Page 25 of 30 procurements. Recipients(Sponsors)with funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact information can be found at httjI//www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http//www.epa.gov/osbp/dbe_reporting.htm. L. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. §33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients(Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government Sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4) Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. 5) Use the services and assistance of the Small Business Administration(SBA)and the Minority Business Development of the Department of Commerce. 6) If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs(a)through (e)of this section. M. Lobbying &Litigation. By signing this Agreement,the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200 (as updated), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: 1) Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf 2) Disclosure of Lobbying Activities, SF LLL: http://www.epagov/ogd/AppKit/form/sfillin_sec.pdf 3) Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. N. Payment to Consultants. EPA participation in the salary rate(excluding overhead)paid to individual consultants retained by recipients(Sponsors)or by a recipients' (Sponsor's)contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient(Sponsor)with RCO: 24-1096 Revision Date: 1/31/2025 Page 26 of 30 responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. §30.27(b)or 40 C.F.R. §31.369(j), as applicable, for additional information. As of January 1, 2014, the limit is$602.24 per day$75.28 per hour. O. Peer Review.Where appropriate, prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. P. International Travel(Including Canada).All International Travel must be approved by the US Environmental Protection Agency's Office of International and Tribal Affairs(OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. Q. Unliquidated Obligations(ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent(not yet drawn down through disbursements to sub-recipients and sub- awardees). R. Light Refreshments And/Or Meals. Unless the event(s)and all of its components are described n the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences,training workshops, and outreach activities(events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. S. State grant cybersecurity. 1) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. 2) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. 3) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in(b)(1)if the subrecipient's network or information system is connected to EPA networks to transfer data to the AGecy using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding state executive orders; B. Code of federal regulations. C. Terms and conditions of a grant award to the state from the federal government, D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; RCO: 24-1096 Revision Date: 1/31/2025 Page 27 of 30 E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed to implement the project 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best RCO: 24-1096 Revision Date: 1/31/2025 Page 28 of 30 interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination.A claimed termination for cause shall be deemed to be a Termination for Convenience"if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10)days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the RCO,which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal;with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of RCO: 24-1096 Revision Date: 1/31/2025 Page 29 of 30 those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys'fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement 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 Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO:24-1096 Revision Date: 1/31/2025 Page 30 of 30 ti WAS,,,., . 'ATE RCO Grant Agreement Recreation d ConservationlOffice ORIGINAL Project Sponsor: Jefferson County Project Number.24-1096P Project Title: Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board)and the Recreation and Conservation Office RCO), P.O. Box 40917, Olympia,Washington 98504-0917 and Jefferson County(Sponsor, and primary Sponsor),615 Sheridan St, Port Townsend, WA 98368, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Unique Entity ID(UEID) Number is FGN7DDMJA7H7. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors(and on file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s),including indemnification,as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s),and(4) make any decisions and submissions required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement including any amendments thereto)and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement,as well as for grant management purposes with RCO,only the primary Sponsor may act as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Bldg Const and/or Natural Climate Solns Acct of the State of Washington.The grant is administered by the Recreation and Conservation Office(RCO). DESCRIPTION OF PROJECT Jefferson County will utilize the data and information collected in the assessment and conceptual design phase(RM 3.4 to 5.8 RCO#21-1024)to develop preliminary and final designs for a pilot project for RM 3.6 to 4.0 to address alteration of the mainstem and floodplain, the loss of side channel habitat, and the restriction of natural channel migration zone processes.The goal of the overarching project remains, to restore habitat for Hood Canal summer chum and Chinook salmon to improve opportunities for spawning, rearing and migration by improving sediment transport, pool formation, in-channel habitat complexity at flows typical for these targeted salmon life histories. Through a range of actions to include engineered log jams and side channel excavation and enhancement, the project will 1) promote sediment sorting, bar aggradation, and pool development,2) stabilize channel migration to protect riparian plantings, and 3)enhance existing side channel habitats to promote conveyance and a diversity of side channel habitat types. Designs will incorporate climate-influenced flow and channel migration projections utilizing a hydraulic model built on 2023 LiDAR and topographic change detection analysis. The County and contractor will continue to host meetings of the Dosewallips River Collaborative, and with individual landowners, in order to gather and disseminate information across the Brinnon community and to inform design development. PERIOD OF PERFORMANCE The period of performance begins on July 1,2025 (project start date)and ends on July 1,2027(project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement,or specifically provided for by applicable RCWs,WACs, and any applicable RCO manuals as of the effective date of this Agreement. RCO:24-1096 Revision Date: 1/31/2025 Page 1 of 28 JeffCo WQ-25-068 The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed $286,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount.The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB - Puget Sound Acq. & Restoration 100.00% 286,000.00 State Total Project Cost 100.00% 286, 000.00 At the direction of the legislature and RCO best practices, sponsors must utilize the project funds in a timely and efficient manner in accordance with the project milestones set forth in this Agreement. Projects not aptly progressing towards completion may have funding rescinded. FEDERAL FUND INFORMATION This project is match to the following federal funding source(s) and the same provisions apply as if this project were funded by the federal funding source(s) as a federal subaward: Federal Agency: US Environmental Protection Agency Assistance Listing Number and Name: 66.456- PSP Federal Award Identification Number: CE-01J31901 Federal Fiscal Year: 2017 Federal Award Date: 09/08/2017 Total Federal Award: $17,438,600 Federal Award Project Description: This Base Grant is for the Puget Sound National Estuary Program. This backbone organization role includes: Program level financial management; researching funding opportunities; providing program match for local and tribal capacity grants; demonstrating sound fiscal management practices;Administering the Partnership's Boards and partners in the development of the Action Agenda; Supporting direct public engagement; Coordinating and implementing a strategic science program to support Puget Sound ecosystem recovery; Ecosystem Assessment and Monitoring; and Reporting on outputs and outcomes. Sponsor's Indirect Cost Rate: 10.00%of De Minimus base: MTDC, as defined by 2 CFR 200.414 (f) This funding is not research and development(R& D). If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year,the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200(as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni-circular"(2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO reserves the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities,the milestones report, progress reports, and the final report. Provided, to the extent that information contained in RCO: 24-1096 Revision Date: 1/31/2025 Page 2 of 28 such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment(including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment. unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Reimbursements- Manual 8 Salmon Recovery Grants- Manual 18 SPECIAL CONDITIONS PRELIMINARY DESIGN REVIEW The SRFB Review Panel conditions this project for review and approval of the preliminary design and design report before the sponsor submits permits and advances to final design or construction. The design plans and report need to include the elements specified in Manual 18, Appendix D. The SRFB review panel will provide comments to the sponsor in 30 days or less, from the time materials are received. Please account for this review timing in your project delivery schedule. The next iteration of design should include more information on how the design improves habitat suitability for salmonids in the project area in equal or greater proportion to providing erosion control for the landowner; design development, modeling and evaluation should focus on how the project affect spawning conditions in this important reach. SPECIAL CONDITIONS -CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Rocky Brook Final Design APE State- RCO Lead: Survey required pending federal nexus: This agreement requires compliance with Executive Order 21-02 and may receive a federal permit or funding in the future. RCO has completed initial consultation for this project and a cultural resources survey is required for any project actions that will take place prior to engagement of a lead federal agency. RCO will defer to the federal lead agency for their permitted/funded project actions once evidence of compliance with Section 106 of the National Historic Preservation Act as defined by the federal lead agency is provided.The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project.Archaeological monitoring of any proposed RCO: 24-1096 Revision Date: 1/31/2025 Page 3 of 28 geotechnical borings, investigations,or test pits may be included as part of the cultural resources survey.The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract.If archaeological or historic materials are discovered while conducting ground disturbing activities,work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement.All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact RCO Contact Tami Pokorny Josh Lambert Natural Resources Program Coor Outdoor Grants Manager PO Box 1220 PO Box 40917 Port Townsend,WA 98368 Olympia,WA 98504-0917 tpokornycico.jefferson-wa.us Josh.Lambert@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement,decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may riot be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement,with aN amendments and attachments,constitutes the entire Agreement of the parties. No other understandings, oral or otherwise,regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement,for Project 24-1096,shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement Is fully executed and an original is received by RCO. The Sponsor has read,fully understands, and agrees to be bound by aN terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT.The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Jefferson County yy..9.A)By: Date: 'G}/r:. . Z5 Name(printed): Heidi Eisenhour Approved as to form only: Title: Chair, Board of County Commissioners for 09/16/2025 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board(SRFB or funding board) 10/ 10/2025 By: f1c*Qfw Date: For: Megan Duffy Director Recreation and Conservation Office RCO:24-1096 Revision Date: 1/312025 Page 4 of 28 Pre-approved as to form: 7.-,-/5,14/s.a. By: Date: 01/ 31/2025 Assistant Attorney General RCO:24-1096 Revision Date: 1/31/2025 Page 5 of 28 ti WaS,,,N,;,oN STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:24-1096P Project Title: Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Planning Metrics Worksite#1, Dosewallips Rocky Brook Final Design Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): None Area Encompassed (acres) (B.0.b.1): 9.0 Miles of Stream and/or Shoreline Affected (B.0.b. 2) 0.45 Design for Salmon restoration Preliminary design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1220) Guidance for Prioritizing Salmonid Stocks, B.1.b.11.a): Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6q5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan (1222) (B.1.b.11.b) This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council (HCCC)and identified the Dosewallips summer chum subpopulation is its third highest priority. Final design and permitting (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1221) Guidance for Prioritizing Salmonid Stocks, B.1.b.11.a): Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6q5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan (1223) (B.1.b.11.b):This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council (HCCC) and identified the Dosewallips summer chum subpopulation is its third highest priority. Restoration Planning And Coordination Project Conducting habitat restoration scoping and feasibility studies B.1.b.8) Project Identified in a Plan or Watershed Assessment(B.1.b.8.a): Guidance for Prioritizing Salmonid Stocks, Issues, and Actions for the Hood Canal Coordinating Council, https://hcccwagov.app.box.com/s/ru01xmw6q5yg a4b2c5mo9f19km5bvxkt-2024 HCLE Call for Projects Priority in Recovery Plan (B.1.b.8.b) (1211): This document provides guidance about priorities for salmonid recovery actions for the Hood Canal Coordinating Council(HCCC) and identified the Dosewallips summer chum subpopulation is its third highest priority. Name and Description of Plan(2299) In June 2024,Jefferson County and Natural RCO: 24-1096 Revision Date: 1/31/2025 Page 6 of 28 Systems Design completed the first draft of a Resiliency Plan for the Rocky Brook Reach with existing funds (attached). Salmonid Habitat Assessment/Inventory Habitat surveys(B.2. d) Acres of habitat assessed (B.2.d. 2): 15.0 Amount Of Habitat Assessed That Needed Restoration (B.2.d.3): 9.0 Type of Habitat Assessment(B.2. d.1) Floodplain mapping, Forest inventories, Invasive species, Riparian condition, Wetlands Landowner willingness inventory Document Name(1224): Meeting summaries from Dosewallips River Collaborative and Rocky Brook Reach neighborhood meetings. Number of landowers contacted: 25 Cultural Resources Cultural resources Agency Indirect Costs Agency Indirect RCO:24-1096 Revision Date: 1/31/2025 Page 7 of 28 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor. Jefferson County Project Number:24-1096P Project Title: Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 07/01/2025 RFP Complete/Consultant Hired 10/01/2025 Data Gathering Started 10/01/2025 Progress Report Due 12/31/2025 Cultural Resources 03/01/2026 Submit CR survey, completed as part of 18-1228, to RCO for consultation at least 90 days prior to any ground disturbance Applied for Permits 06/01/2026 Preliminary Design to RCO 06/01/2026 Submit to RCO for Review Panel review Progress Report Due 06/30/2026 Annual Project Billing Due 06/30/2026 Special Conditions Met 08/01/2026 Review Panel approval of preliminary design Progress Report Due 12/31/2026 Final Design to RCO 12/31/2026 Final Report Due 07/01/2027 Final Billing Due 07/01/2027 Agreement End Date 07/01/2027 RCO:24-1096 Revision Date: 1/31/2025 Page 8 of 28 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:24-1096P Project Title: Dosewallips Rocky Brook Final Design Approval Date:07/01/2025 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 10 CITATIONS, HEADINGS AND DEFINITIONS 10 PERFORMANCE BY THE SPONSOR 12 ASSIGNMENT 13 RESPONSIBILITY FOR PROJECT 13 INDEMNIFICATION 13 INDEPENDENT CAPACITY OF THE SPONSOR 14 CONFLICT OF INTEREST 14 COMPLIANCE WITH APPLICABLE LAW 14 ARCHAEOLOGICAL AND CULTURAL RESOURCES 15 RECORDS 16 PROJECT FUNDING 16 PROJECT REIMBURSEMENTS 16 ADVANCE PAYMENTS 17 RECOVERY OF PAYMENTS 18 COVENANT AGAINST CONTINGENT FEES 18 INCOME (AND FEES)AND USE OF INCOME 18 PROCUREMENT REQUIREMENTS 18 TREATMENT OF EQUIPMENT AND ASSETS 19 RIGHT OF INSPECTION 19 STEWARDSHIP AND MONITORING 19 PROVISIONS FOR FEDERAL SUBAWARDS 20 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 22 PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS 22 ORDER OF PRECEDENCE 25 LIMITATION OF AUTHORITY 26 WAIVER OF DEFAULT 26 APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 26 SPECIFIC PERFORMANCE 26 TERMINATION AND SUSPENSION 26 DISPUTE HEARING 27 ATTORNEYS' FEES..... 28 GOVERNING LAWNENUE 28 SEVERABILITY 28 END OF STANDARD TERMS AND CONDITIONS 28 RCO: 24-1096 Revision Date: 1/31/2025 Page 9 of 28 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/08/2025 CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement,terms of the Agreement, or project agreement—The document entitled"RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, subject(if applicable) to substitution of the"RCO director"for the term"board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the"RCO director"for the term "board"or"agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant—Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. —Code of Federal Regulations completed project or project completion—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement. equipment—Tangible personal property(including information technology systems)having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level RCO:24-1096 Revision Date: 1/31/2025 Page 10 of 28 established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)). funding board or board—The Washington State Recreation and Conservation Funding Board,or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity—the entity that approves the project that is the subject to this Agreement. grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved 2 C.F.R. 200 as updated). long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share—The portion of the total project cost provided by the Sponsor. milestone—An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office—Means the Recreation and Conservation Office or RCO. pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance—The period beginning on the project start date and ending on the project end date. planning project-A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre-agreement cost—A project cost incurred before the period of performance. primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area—The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects,the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200(as updated))for federally funded projects). RCO:24-1096 Revision Date: 1/31/2025 Page 11 of 28 project end date—The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date—The specific date identified in the Agreement on which the period of performance starts. RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW—Revised Code of Washington reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project—A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB—Salmon Recovery Funding Board subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200 as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward,the Sponsor is the subrecipient. tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated,or restored per this Agreement. WAC—Washington Administrative Code PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. RCO:24-1096 Revision Date: 1/31/2025 Page 12 of 28 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor,or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project.When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors,or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. RCO:24-1096 Revision Date: 1/31/2025 Page 13 of 28 INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act(if applicable). In the event of the Sponsors noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded, cancelled,or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (ROW 39.12) are applicable,to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law,the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party RCO:24-1096 Revision Date: 1/31/2025 Page 14 of 28 that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic Preservation at(360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation(DAHP)who will then take jurisdiction over RCO: 24- 1096 Revision Date: 1/31/2025 Page 15 of 28 the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42. 56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority.This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R § 200.458 (2013)). E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance.The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor,or for a RCO: 24-1096 Revision Date: 1/31/2025 Page 16 of 28 donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld 2) On-site signs are in place(if applicable);Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200 as updated). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: 1) Are verifiable from the non-Federal entity's(Sponsor's) records; 2) Are not included as contributions for any other Federal award; 3) Are necessary and reasonable for accomplishment of project or program objectives; 4) Are allowable under 2 C.F.R. Part 200 as updated; 5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6) Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and 7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable F. Requirements for Federal Subawards: Close out. Per 2 C.F.R§ 200.343 (2013),the non-Federal entity(Sponsor) must: 1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. 2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity (Sponsor)for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200. 345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4) Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§200. 310 Insurance coverage through 200.316 Property trust relationship and 200. 329 Reporting on real property (2013). ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. RCO:24- 1096 Revision Date: 1/31/2025 Page 17 of 28 RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R§§200. 207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES)AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system: 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with program income requirements (see 2 C.F.R. Part 200(as updated)for federal awards). PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and RCO: 24-1096 Revision Date: 1/31/2025 Page 18 of 28 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. 1) For all Federal subawards, non-Federal entities (Sponsors) must follow 2 C.F.R §§200.318 General procurement standards through 200. 326 Contract Provisions(2013). TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R§200. 313 (2013) as updated and amended): 1) Property records must be maintained that include a description of the property, a serial number or other identification number,the source of funding for the property(including the Federal Award Identification Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4) Adequate maintenance procedures must be developed to keep the property in good condition. 5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. RCO: 24-1096 Revision Date: 1/31/2025 Page 19 of 28 PROVISIONS FOR FEDERAL SUBAWARDS The following shall apply, as applicable by federal law, rule, policy waiver, or presidential executive order: A. Sub-Recipient(Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement to include match and any in- kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the following Buy America preference: 1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States. 2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 4) Subject to subsequent approved federal agency specific waivers. C. Binding Official. Per 2 CFR 200(as updated), as updated, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812)." D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity 30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200(as updated). 1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a"federally assisted construction contract"as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. 2) Construction Work. The regulation at 41 C.F.R. §60-1.3 defines"construction work"as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services.The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. E. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities (Sponsors)must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations 29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity(Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified RCO: 24-1096 Revision Date: 1/31/2025 Page 20 of 28 in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145), as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient(Sponsor) must be prohibited from inducing, by any means,any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. F. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity(Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. H. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency(EPA). I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies(per the certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt 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 project. Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. J. Procurement of Recovered Materials.A non-federal entity (Sponsor)that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. K. Required Insurance.The non-federal entity(Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R§200.310(2013)). L. Debarment and Suspension(Executive Orders 12549 and 12689).The Sponsor must not award a contract to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the Office of Management and Budget(OMB) guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549(3 RCO:24-1096 Revision Date: 1/31/2025 Page 21 of 28 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p.235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. M. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223. 203 b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS The following provisions shall be in force for this Agreement,funded in part or wholly from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 (as updated) as appropriate to the award. In addition to the US Environmental Protection Agency's General Terms and Conditions"Indirect Cost Rate Agreements,"if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 (as updated). B. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS SECTION, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership(PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement period of performance. C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention,or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act(PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. D. Drug Free Workplace Certification. Sub-recipient(Sponsor) shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B.Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. E. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term"management fees or similar charges" refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work. F. Trafficking in Persons and Trafficking Victim Protection Act of 2000(TVPA).This provision applies only to a sub-recipient(Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub-recipient(Sponsor) shall include the following statement in all sub-awards made to any private entity under this Agreement. You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under this Award." The sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. The federal agency funding this Agreement may unilaterally terminate,without penalty,the funding award if this RCO: 24-1096 Revision Date: 1/31/2025 Page 22 of 28 prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000,as amended. G. Lobbying. The chief executive officer of this recipient agency(Sponsor) shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient(Sponsor) shall abide by its respective Cost Principles OMB Circulars A-21,A-87, and A-122),which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub- awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each expenditure. All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4)of the code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. H. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. I. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. J. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit,to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8% MBE 4%WBE; Purchased Services 10% MBE 4%WBE; Professional Services 10% MBE 4%WBE. Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non- achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1) Include qualified minority and women's businesses on solicitation lists. 2) Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3) Divide the total requirements,when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4) Establish delivery schedules, where work requirements permit,which will encourage participation of qualified minority and women's businesses. 5) Use the services and assistance of the State Office of Minority and Women's Business Enterprises OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. K. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1) There are any funds budgeted in the contractual/services, equipment or construction lines of the award; and/or$3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items (a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and semi-annual boxes in the reporting period Section 1 B of the form. For annual submissions,the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first.The reporting requirement is based on planned RCO:24-1096 Revision Date: 1/31/2025 Page 23 of 28 procurements. Recipients (Sponsors)with funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm.The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations,the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. L. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprise(DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government Sponsors,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4) Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. 5) Use the services and assistance of the Small Business Administration (SBA)and the Minority Business Development of the Department of Commerce. 6) If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs(a)through (e)of this section. M. Lobbying & Litigation. By signing this Agreement,the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200 (as updated), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: 1) Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf 2) Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf 3) Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. N. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually.This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient(Sponsor)with RCO: 24-1096 Revision Date: 1/31/2025 Page 24 of 28 responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30. 27(b)or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2014, the limit is$602.24 per day$75.28 per hour. O. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. P. International Travel (Including Canada).All International Travel must be approved by the US Environmental Protection Agency's Office of International and Tribal Affairs(OITA) BEFORE travel occurs. Even a brief trip to a foreign country,for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. Q. Unliquidated Obligations(ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent(not yet drawn down through disbursements to sub-recipients and sub- awardees). R. Light Refreshments And/Or Meals. Unless the event(s)and all of its components are described n the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities(events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. S. State grant cybersecurity. 1) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. 2) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. 3) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient' s network or information system is connected to EPA networks to transfer data to the AGecy using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; RCO: 24- 1096 Revision Date: 1/31/2025 Page 25 of 28 E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it' s discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However.the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to,the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing,the Agreement may be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing,terminate this Agreement, in whole or in part when it is in the best RCO:24-1096 Revision Date: 1/31/2025 Page 26 of 28 interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a Termination for Convenience"if it is determined that: 1) The Sponsor was not in default;or 2) Failure to perform was outside Sponsor's control,fault or negligence C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement,with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO,which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of RCO: 24-1096 Revision Date: 1/31/2025 Page 27 of 28 those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement 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 Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO:24-1096 Revision Date: 1/31/2025 Page 28 of 28 615 Sheridan Street Port Townsend, WA 98368 9ellehson www.JeffersonCountyPublicHealth.org Public HeePal Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager Tami Pokorny, Natural Resources Program Coordinator DATE: T,f J 620, 020i2_ SUBJECT: Agenda Item — Amendment 2 to the Brinnon Reach Assessment & Conceptual Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) #23-1062P Grant Agreement; July 1, 2025 — July 1, 2027; Add'I $77,000 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Amendment 2 to the Brinnon Reach Assessment & Conceptual Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) 23-1062P Grant Agreement; July 1, 2025 — December 31, 2026; Add'I $77,000. ANALYSIS/STRATEGIC GOALS/PROS and CONS: Public Health requests approval of Amendment 2 to add $77,000 to the Brinnon Reach Assessment & Conceptual Design project in order to update the draft Basis of Design Report (BOD) and to eventually add additional hydrologic models for habitat restoration and flood mitigation. With the acquisition of properties to be acquired from willing sellers through pending grant RCO #26-1151, an alternative with more benefits for salmon recovery may become possible than the "no change" alternative currently does. The BOD will also provide essential information about the river and floodplain to support the community engagement process to be funded by the County's bending Flood Control Assistance Account (FCAAP) project in partnership with the North Olympic Development Council and the UW Department of Landscape Architecture. FISCAL IMPACT/COST BENEFIT ANALYSIS: RCO's project contribution will increase from $218,428.00 to $295,428. The matching commitment will increase from $38,547.00 to $52.134.00. Match will be provided by a portion of the value of the County's 2023 Sea Level Rise Study. Total cost of the project is $347,562.00. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 Always working for a safer and healthier community f) 360-379-4487 360-385-9401 (f) WQ-23-081-A2 RECOMMENDATION: JCPH Management recommends BoCC approval of Amendment 2 to the Brinnon Reach Assessment & Conceptual Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) 23-1062P Grant Agreement; July 1, 2025 — July 1, 2027; Add'I $77,000. REVIEWED BY: 7/i3/ad 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 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Recreation and Conservation Office Contract No: WQ-23-081-A2 Contract For: Brinnon Reach Final Design Amend 2 Term: 7/1/2025- 7/1/2027 COUNTY DEPARTMENT: Public Health Contact Person:Tami Pokorny Contact Phone: x498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: $77,000 for a total of$295,428 PROCESS: — Exempt from Bid Process Revenue: $77,000 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: $52,134 Small Works Roster Sources(s) of Matching Funds County 2023 Sea Level Study Vendor List Bid Fund # 128 REP or RFQ Munis Org/Obj 12855310 Other: APPROVAL STEPS: STEP I: DEPARTMENT CERTIFIES COMPL CE WIT 3 ""' )80 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: July8, 2026 Glenn Gil ert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRE BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: 17 N/A:July 8,2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/13/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/10/2026. DPA Luther reviewed and approved on 07/10/2026. 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 W4)IiINGT ON SAT Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: Jefferson County Project Number: 23-1062P Project Title: Brinnon Reach Assessment&Conceptual Design Amendment Number: 2 Amendment Type: Cost Change Amendment Description: Add$77,000 Hood Canal LE 2025-27 PSAR funds, increase match to$52,134 for a new project agreement total of$347,562. Recent Brinnon community meetings have resulted in new support to encourage Jefferson County to pursue additional design alternatives under the current assessment grant that allow a larger potential restoration footprint of the Dosewallips floodplain than were produced in the current assessment deliverables These additional alternatives will require additional funding to produce but are intended to be more aligned with a higher benefit to salmon recovery. Community willingness is evidenced by Jefferson County's recent acquisition application 26-1151 that ranks#1 on the Hood Canal LE ranked list,that will fund the first acquisitions within this assessment area,necessary for future restoration. This funding request using regional return PSAR funds was reviewed and awarded by Hood Canal Lead Entity Technical advisory group Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount Amount RCO-SALMON FED PROJ 218, 428.00 85.00 218,428.00 62.85 RCO-PSAR 0.00 0.00 77,000.00 22 15 Project Sponsor 38,547.00 15.00 52,134.00 15.00 Total Project Cost 256,975.00 100% 347,562.00 100% Admin Limit 0.00 0.00 0.00 0.00 A&E Limit 0.00 0.00 0.00 0.00 Agreement Terms In all other respects the Agreement,to which this is an Amendment,and attachments thereto,shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State of Washington Recreation and Conservation Office BY: FOR Megan Duffy Jefferson County Washington TITLE: Director BY: DATE: NAME: Greg Brotherton TITLE: Chair,Board of County Commissioners Pre-approved as to form: BY: IS/ DATE Assistant Attorney General Approved as to form only: SAL Project Cost Change Amendment 07-10-2026 Je is .Luther Date AMENAGR1.RPT Civil Deputy Prosecuting Attorney JeffCo.WQ-23-081-A2 AMENDMENT APPROVAL FORM Project#: 23-1062 Planning Amendment#: 2-Cost Change Project Title: Brinnon Reach Assessment&Conceptual Design Project Sponsor: Jefferson County of Project Manager: JoshL Primary Program: Salmon Federal Projects AMENDMENT DESCRIPTION: Add$77,000 Hood Canal LE 2025-27 PSAR funds, increase match to$52,134 for a new project agreement total of 347,562. Recent Brinnon community meetings have resulted in new support to encourage Jefferson County to pursue additional design alternatives under the current assessment grant that allow a larger potential restoration footprint of the Dosewallips floodplain than were produced in the current assessment deliverables. These additional alternatives will require additional funding to produce but are intended to be more aligned with a higher benefit to salmon recovery. Community willingness is evidenced by Jefferson County's recent acquisition application 26-1151 that ranks#1 on the Hood Canal LE ranked list,that will fund the first acquisitions within this assessment area, necessary for future restoration. This funding request using regional return PSAR funds was reviewed and awarded by Hood Canal Lead Entity Technical advisory group. PROJECT SUMMARY: Board Funded Date: 09/14/2023 Prior Time Extensions: 1 RCO Amount: $218,428.00 Project Start Date: 09/14/2023 Other External Amendments: 0 Sponsor Match Amount: $38,547.00 Original End Date: 12/31/2025 Sponsor Active Projects: 4 Total: $256,975.00 Current End Date:12/31/2026 Sponsor Completed Projects: 18 RCO Paid To Date(81%): $176,830.14 Sponsor Not Completed Projects: 1 RCO Remaining(19%): $41,597.86 Last Progress Report: 01/05/2026 Sponsor Dead Projects: 0 Last Billing Date: 05/01/2026 PROJECT AGREEMENT DESCRIPTION: Working with Washington State Parks, tribes, agencies, NGOs, landowners, consultants and the public, Jefferson County will conduct comprehensive Phase I assessment and planning activities with the goal of restoring habitat for Hood Canal Summer Chum and Puget Sound Chinook salmon in the lower Dosewallips River floodplain, estuary and lower nearshore. The project will develop and run a 2D hydrologic model across a range of flows of importance to these species; perform habitat assessments for 300 acres of the floodplain and estuary, 200 acres of the lower nearshore, and 3.85 miles of shorelines; update channel migration zone risks in light of current conditions as well as flow and temperature projections, and survey vegetation. Modeling and assessment outcomes will be discussed with community members at meetings of the Dosewallips River Collaborative advisory group and through individual landowner and participant interviews and site visits. The restoration and resiliency plan will include a description of existing conditions, projections of temperature and flow impacts, delineation of ecological corridor(s)to sustain habitat forming processes and flood flows, conceptual designs for habitat improvements, selection of the preferred design and feasibility assessment, results of landowner willingness inquiries, a phased acquisition strategy, and recommendations for additional future actions to include areas for further study, infrastructure modifications and drought mitigation. PROJECT FUNDING(CURRENT): Bien Fund Appn Reapp Ind Orig Bien Orig Appn Grant Activity SubActiv SO Amount 23-25 001 P20 Reapp 19-21 P20 NMFS 2020 PROJ FED NZ 26,210.80 25-27 001 P23 Reapp 23-25 P23 NMFS 2023 PROJ FED NZ $141,316.53 25-27 001 Y21 Reapp 21-23 Y21 NMFS 2021 PROJ FED NZ 50,900.67 AMENDAPPROVALFORM.RET ti WASHINGTON STATE Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: Jefferson County of Project Number:23-1062 P Project Title: Brinnon Reach Assessment&Conceptual Design Amendment Number: 1 Amendment Type: Time Extension Amendment Description: Pursuant to a request from Jefferson County of the Project Agreement identified above is amended to extend the end date of this agreement. The project period of 09/14/2023 to 12/31/2025 is extended to allow the contracting party until 12/31/2026 to complete the project. To allow more time to integrate FCAAP planning process and more needed community adn state parks (landowner)input into the conceptual alternatives. Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State of Washington Recreation and Conservation Office BY: FOR Megan Duffy TITLE. Director DATE: 12/12/2025 Pre-approved as to form: By: S/ Assistant Attorney General SAL Project Time Extension Amendment General Fund-Federal RCW 77.85,WAC 420 TIMEXTEN.RPT ti WASHING-ON STATE • Recreation and Conservation Office Amendment to Grant Agreement Project Sponsor: Jefferson County of Project Number: 23-1062 P Project Title: Brinnon Reach Assessment&Conceptual Design Amendment Number: 1 Amendment Type: Time Extension Amendment Description: Pursuant to a request from Jefferson County of the Project Agreement identified above is amended to extend the end date of this agreement. The project period of 09/14/2023 to 12/31/2025 is extended to allow the contracting party until 12/31/2026 to complete the project. To allow more time to integrate FCAAP planning process and more needed community adn state parks(landowner)input into the conceptual alternatives Agreement Terms In all other respects the Agreement,to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State of Washington Recreation and Conservation Office Jefferson County Washington BY. By: Z__ - - FOR Megan Duffy J Name:lS1- •- TITLE: Director Title:Chair,Board of County Commissioners DATE Date: iZ/2 2 /2 5 Pre-approved as to form: By S/Approved as to form only: Assistant Attorney General A_..--- By: December 17,2025 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney SAL Project Time Extension Amendment General Fund-Federal RCW 77.85,WAC 420 TIMEXTEN RPT ieffCo.WQ-23-081-Al Amendment Milestone Report Project Number: 23-1062 P Amendment Number: 1 Project Name: Brinnon Reach Assessment&Conceptual Design Sponsor: Jefferson County of Project Manager: Josh Lambert X t Milestone Tar.,t Date CommentslDoscri gtion X Project Start 09/14/2023 x RFP Complete/Consultant Hired 12/31/2023 X Data Gathering Started 01/31/2024 X I Progress Report Due 07/31/2024 X I Annual Project Billing Due 12/09/2024 X I Progress Report Due 01/31/2025 IProgress Report Due 06/30/2025 Final Plan to RCO 12/31/2025 Assessment Report Annual Project Billing Due 06/ 30/2026 Conceptual Design I 11/30/2026 Final Report Due 12/31/2026 Agreement End Date 12/31/2026 Final Billing Due 12/31/2026 X=Milestone Complete I =Critical Milestone kMILESTO.RPT December 03.2025 Paoe- AMENDMENT APPROVAL FORM Project#: 23-1062 Planning Amendment#: 1 -Time Extension Project Title: Brinnon Reach Assessment& Conceptual Design Project Sponsor: Jefferson County of Project Manager: JoshL Primary Program: Salmon Federal Projects AMENDMENT DESCRIPTION: The project period of 09/14/2023 to 12/31/2025 is extended to allow the contracting party until 12/31/2026 to complete the project. To allow more time to integrate FCAAP planning process and more needed community adn state parks (landowner) input into the conceptual alternatives. PROJECT SUMMARY: Board Funded Date: 09/14/2023 Prior Time Extensions: 0 RCO Amount: $218,428.00 Project Start Date: 09/14/2023 Other External Amendments: 0 Sponsor Match Amount: $38,547.00 Original End Date: 12/31/2025 Sponsor Active Projects: 4 Total: $256,975.00 Current End Date: 12/31/2025 Sponsor Completed Projects: 17 RCO Paid To Date(59%): $128,644.56 Sponsor Not Completed Projects: 1 RCO Remaining(41%): $89,783.44 Last Progress Report: 11/04/2025 Sponsor Dead Projects: 0 Last Billing Date:10/28/2025 Pending Payment: 11/18/2025 PROJECT AGREEMENT DESCRIPTION: Working with Washington State Parks,tribes, agencies, NGOs, landowners, consultants and the public, Jefferson County will conduct comprehensive Phase I assessment and planning activities with the goal of restoring habitat for Hood Canal Summer Chum and Puget Sound Chinook salmon in the lower Dosewallips River floodplain,estuary and lower nearshore. The project will develop and run a 2D hydrologic model across a range of flows of importance to these species; perform habitat assessments for 300 acres of the floodplain and estuary,200 acres of the lower nearshore, and 3.85 miles of shorelines, update channel migration zone risks in light of current conditions as well as flow and temperature projections, and survey vegetation. Modeling and assessment outcomes will be discussed with community members at meetings of the Dosewallips River Collaborative advisory group and through individual landowner and participant interviews and site visits.The restoration and resiliency plan will include a description of existing conditions, projections of temperature and flow impacts, delineation of ecological corridor(s)to sustain habitat forming processes and flood flows,conceptual designs for habitat improvements, selection of the preferred design and feasibility assessment, results of landowner willingness inquiries, a phased acquisition strategy, and recommendations for additional future actions to include areas for further study, infrastructure modifications and drought mitigation. PROJECT FUNDING(CURRENT): Bien Fund Appn Reapp Ind Orig Bien Orig Appn Grant Activity SubActiv SO Amount 23-25 001 P20 Reapp 19-21 P20 NMFS 2020 PROJ FED NZ 26,210. 80 25- 27 001 P23 Reapp 23-25 P23 NMFS 2023 PROJ FED NZ $180,416.92 25-27 001 Y21 Reapp 21-23 Y21 NMFS 2021 PROJ FED NZ 11,800.28 0 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:23-1062P Project Title: Brinnon Reach Assessment& Conceptual Design Approval Date:09/14/2023 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and Jefferson County(Sponsor, and primary Sponsor), 615 Sheridan St, Port Townsend, WA 98368, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Unique Entity ID (UEID) Number is FGN7DDMJA7H7 All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement including any amendments thereto)and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which.a grant is made from the General Fund- Federal of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT Working with Washington State Parks,tribes, agencies, NGOs, landowners, consultants and the public, Jefferson County will conduct comprehensive Phase I assessment and planning activities with the goal of restoring habitat for Hood Canal Summer Chum and Puget Sound Chinook salmon in the lower Dosewallips River floodplain, estuary and lower nearshore. The project will develop and run a 2D hydrologic model across a range of flows of importance to these species; perform habitat assessments for 300 acres of the floodplain and estuary, 200 acres of the lower nearshore, and 3.85 miles of shorelines; update channel migration zone risks in light of current conditions as well as sea level and climate impacts projections, and survey vegetation. Modeling and assessment outcomes will be discussed with community members at meetings of the Dosewallips River Collaborative advisory group and through individual landowner and participant interviews and site visits. The restoration and resiliency plan will include a description of existing conditions, projections of climate change impacts, delineation of ecological corridor(s)to sustain habitat forming processes and flood flows, conceptual designs for habitat improvements, selection of the preferred design and feasibility assessment, results of landowner willingness inquiries, a phased acquisition strategy, and recommendations for additional future actions to include areas for further study, infrastructure modifications and drought mitigation. PERIOD OF PERFORMANCE The period of performance begins on September 14, 2023 (project start date) and ends on December 31, 2025 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any RCO: 23-1062 Revision Date: 5/1/2023 Page 1 of 23 JeffCo W0-23-081 applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed $218, 428.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB-Salmon Federal Projects 85.00% 218,428.00 Federal Project Sponsor 15.00% 38,547.00 Total Project Cost 100. 00% 256, 975.00 FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Commerce Assistance Listing Number and Name: 11.438- PCSRF Federal Award Identification Number: NA23NMF4380390 Federal Fiscal Year: 2023 Federal Award Date: 08/17/2023 Total Federal Award: $24,735, 000 Federal Award Project Description: FY2023 Pacific Coastal Salmon Recovery Sponsor's Indirect Cost Rate: 10.00% of De Minimus base: MTDC, as defined by 2 CFR 200.414(f) This funding is not research and development(R& D). If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200 (as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal"Omni-circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. RCO:23-1062 Revision Date: 5/1/2023 Page 2 of 23 AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Reimbursements- Manual 8 Salmon Recovery Grants-Manual 18 SPECIAL CONDITIONS None SPECIAL CONDITIONS -CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Planning and Assessment Area - no ground disturbances State- RCO Lead: Proceed under an IDP: No cultural resources work is required for this scope of work, the project may proceed in accordance with RCO's Inadvertent Discovery Plan. Future project actions or any changes to the scope of work may require cultural resources survey. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact RCO Contact Tami Pokorny Josh Lambert Natural Resources Program Coor Outdoor Grants Manager PO Box 1220 PO Box 40917 Port Townsend, WA 98368 Olympia, WA 98504-0917 tpokorny@co.jefferson.wa.us Josh.Lambert@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications. RCO: 23-1062 Revision Date:5/1/2023 Page 3 of 23 ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement,this Agreement,for Project 23-1062, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO, The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Jefferson County 1 V T - \ By: Date: i 04-3 Name fp[ tt4q),: Greg Brotherton 4. j'.TA,F 6. C f lir, Board of County Commissioners CJ 2 I--% ATTESr%„,ASH1 a` iro 1,a + / 1. a(t L i 3/tr/2-3tr/2-3 Carolyn Gatieway, Date Clerk of the Board Approved as to form only: December 14,2023 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) Si'` i, Date: Dec 21,2023 For Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: 7„,',/5./7,.....a By: Date: 05/01/2023 RCO: 23-1062 Revision Date: 5/1/2023 Page 4 of 23 y- WASHtNGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:23-1062P Project Title: Brinnon Reach Assessment&Conceptual Design Approval Date:09/14/2023 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Planning Metrics Worksite#1, Brinnon Flats & Estuary Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Searun Cutthroat Area Encompassed (acres) (B.0. b.1): 500.0 The Application metrics erroneously states 700 acres, this was corrected at board funded status Miles of Stream and/or Shoreline Affected (B.0.b.2):3.85 Design for Salmon restoration Conceptual Design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (2457) Larry Lestelle, March 2015, Guidance for B.1.b.11.a): Prioritizing http://hccc.wa.gov/sites/default/files/resources/do wnloads/16-15%20_0.pdf Priority in Recovery Plan (2458) (B.1.b.11.b):Lestelle prioritizes habitat restoration actions for the HCCCLE and identified the Dosewallips River summer chum subpopulation as the third highest priority. The Chinook Appendix prioritizes restoring channel complexity and partial floodplain restoration through Walcott Flats as well as conifer underplantings.and restoring connection to and quality of 1km of side channel. Salmonid Habitat Assessment/Inventory Habitat surveys (B.2.d) Acres of habitat assessed (B.2.d. 2): 500.0 The Application metrics erroneously states 700 acres, this was corrected at board funded status Amount Of Habitat Assessed That Needed Restoration (B.2.d.3): 0.0 Type of Habitat Assessment(B.2. d.1):Estuarine/nearshore habitat conditions, Floodplain mapping, Invasive species, Landscape mapping, LiDAR or other remote sensing, Ocean conditions, Riparian condition Landowner willingness inventory Document Name (1224): Anticipated: Jefferson County (DCD and JCPH) Acquisition Prioritization & Landowner Willingness Spreadsheet, Information from Brinnon landowners and consultants to be gathered from meetings, discussions, and assessments; PT, WA Number of landowers contacted: 80 Agency Indirect Costs Agency Indirect RCO: 23-1062 Revision Date: 5/1/2023 Page 5 of 23 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:23-1062P Project Title: Brinnon Reach Assessment&Conceptual Design Approval Date:09/14/2023 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 09/14/2023 RFP Complete/Consultant Hired 12/31/2023 Data Gathering Started 01/31/2024 Annual Project Billing Due 06/ 30/2024 Progress Report Due 07/31/2024 Progress Report Due 01/31/2025 Final Plan to RCO 08/31/2025 Assessment Report Conceptual Design 10/31/2025 Final Billing Due 12/31/2025 Final Report Due 12/31/2025 Agreement End Date 12/31/2025 RCO: 23-1062 Revision Date: 5/1/2023 Page 6 of 23 AS".NG,ON= RCO Grant Agreement Recreation and Conservation Office Project Sponsor: Jefferson County Project Number:23'1OG2P Project Title: Bdnnon Reach Assessment&Conceptual Design Approval Date:OS/14/ 023 Standard Terms and Conditions of the Recreation and Conservation onKce Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE _ O CD7\T0NS, HEADINGS AND DEFINITIONS 8 PERFORMANCE 8Y THE SPONSOR 10 ASSIGNMENT 11 RESPONSIBILITY FOR PROJECT .... -............................................ 11 INDEMNIFICATION.. 11 INDEPENDENT CAPACITY OFTHE SPONSOR _ 12 CONFLICT OF INTEREST 12 COMPLIANCE WITH APPLICABLE LAW 12 ARCHAEOLOGICAL AND CULTURAL RESOURCES 13 RECORDS.............. .......................................... ...................-....... ................~...~.......... ............................................... 14 PROJECT FUNDING. 14 PROJECTREIMBURSEMENTS......................... ................. ............................... .................-... .............. 15 RECOVERY OF PAYMENTS 19 COVENANT AGAINST CONTINGENT FEES.......................................................--- 1G INCOME(AND FEES)AND USE OF INCOME.................................. ................................~._-_~._.--,'.-.--- 18 PROCUREMENT REQUIREMENTS 16 TREATMENT OF EQUIPMENT AND ASSETS....................... -...........................................-................................ - 17 RIGHT OF INSPECTION....._- 17 STEWARDSHIP AND MONITORING 17 ACKNOWLEDGMENT AND SIGNS 18 PROVISIONS FOR FEDERAL SUBAVVARDS... ...... -....... -- ......... -- ........ 18 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 20 ORDER OF PRECEDENCE uo LIMITATION OF AUTHORITY uu WAIVEROF DEFAULT.......................... ......................................-- ........... .......-....... ---.uu APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH .......... ......... .............. 21 SPECIFIC PERFORMANCE 21 TERMINATION AND SUSPENSION 21 DISPUTE HEARING uu ATTORNEYS' FEES------------~.-_ 22 GOVERN|NGLAVV8/ENUE uu SEVERAB|L[[Y uu END C)F STANDARD TERMS AND CONDITIONS 33 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/30/2023. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement,terms of the Agreement, or project agreement—The document entitled"RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, subject(if applicable) to substitution of the"RCO director"for the term"board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the"RCO director"for the term"board" or"agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant—Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the"Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R.—Code of Federal Regulations completed project or project completion—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement. equipment—Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level RCO: 23-1062 Revision Date: 5/1/2023 Page 8 of 23 established by the Sponsor or S5,000(2 C.F.R. Part 200 (as updated)). funding board or board—The Washington State Recreation and Conservation Funding Board,or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity—the entity that approves the project that is the subject to this Agreement. grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved 2 C.F.R. 200 as updated). long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share—The portion of the total project cost provided by the Sponsor. milestone—An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office—Means the Recreation and Conservation Office or RCO pass-through entity —A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance—The period beginning on the project start date and ending on the project end date. planning project-A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre-agreement cost—A project cost incurred before the period of performance. primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area—The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by ROD. Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200(as updated)) for federally funded projects). RCO:23-1062 Revision Date: 5/1/2023 Page 9 of 23 project end date—The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date—The specific date identified in the Agreement on which the period of performance starts. RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW—Revised Code of Washington reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project—A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB—Salmon Recovery Funding Board subaward—Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200 as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC—Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. RCO: 23-1062 Revision Date: 5/1/2023 Page 10 of 23 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor.The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the Sponsor or the Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the Sponsor specifically waives any immunity under the state industrial insurance law, ROW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. RCO: 23-1062 Revision Date: 5/1/2023 Page 11 of 23 INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity.The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under,this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used,the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities,worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable,to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party RCO: 23-1062 Revision Date: 5/1/2023 Page 12 of 23 that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification.At all times,the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site.The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with ROW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site 2) Make the IDP readily available to anyone working at the project site 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at(360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over RCO: 23-1062 Revision Date: 5/1/2023 Page 13 of 23 the remains.The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. In order to satisfy 15 CFR 24.42(b) & (c)and 2 CFR 200 (as updated), for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. D. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies).Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42. 56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement. unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). E. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. RCO: 23-1062 Revision Date: 5/1/2023 Page 14 of 23 PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200 as updated). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: 1) Are verifiable from the non-Federal entity's (Sponsor's) records; 2) Are not included as contributions for any other Federal award; 3) Are necessary and reasonable for accomplishment of project or program objectives; 4) Are allowable under 2 C.F.R. Part 200 as updated; 5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6) Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and 7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable. F. Requirements for Federal Subawards: Close out. Per 2 C.F.R §200.343 (2013), the non-Federal entity (Sponsor) must: 1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. 2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R §200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4) Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§200. 310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013). RCO: 23-1062 Revision Date: 5/1/2023 Page 15 of 23 RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES)AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with program income requirements (see 2 C.F.R. Part 200 (as updated) for federal awards). PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and RCO: 23-1062 Revision Date: 5/1/2023 Page 16 of 23 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. 1) For all Federal subawards, non-Federal entities(Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions(2013). TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. C. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R §200.313(2013) as updated and amended): 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property(including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4) Adequate maintenance procedures must be developed to keep the property in good condition. 5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. RCO: 23- 1062 Revision Date: 5/1/2023 Page 17 of 23 ACKNOWLEDGMENT AND SIGNS A. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: 1) The fund source; 2) The percentage of the total costs of the project that is financed with federal money; 3) The dollar amount of federal funds for the project; and 4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. PROVISIONS FOR FEDERAL SUBAWARDS The following provisions shall be in force for this agreement: A. Sub-Recipient(Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement to include match and any in- kind matching donations.The applicability of the cost principles depends on the type of organization incurring the costs. B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the following Buy America preference: 1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) All manufactured products used in the project are produced in the United States.This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 4) Subject to subsequent approved federal agency specific waivers C. Binding Official. Per 2 CFR 200 (as updated), as updated, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812)." D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity 30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200 (as updated). 1) Federally Assisted Construction Contract.The regulation at 41 C.F.R. § 60-1.3 defines a"federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. RCO: 23-1062 Revision Date: 5/1/2023 Page 18 of 23 2) Construction Work. The regulation at 41 C.F.R. §60-1.3 defines"construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services.The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. E. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations 29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient(Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. F. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 C.F.R §401.2( a) and the recipient or subrecipient(Sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. H. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt 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 project. Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. RCO: 23-1062 Revision Date: 5/1/2023 Page 19 of 23 J. Procurement of Recovered Materials.A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. K. Required Insurance.The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R §200.310 (2013)). L. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a contract to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the Office of Management and Budget(OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. M. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203 b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's RCO: 23-1062 Revision Date: 5/1/2023 Page 20 of 23 designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of,funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it' s discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a Termination for Convenience"if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for RCO: 23-1062 Revision Date: 5/1/2023 Page 21 of 23 substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement ,when a dispute arises between the Sponsor and the RCO,which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties: C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys'fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State RCO: 23-1062 Revision Date: 5/1/2023 Page 22 of 23 of Washington and agrees to venue as set forth above SEVERABILITY The provisions of this Agreement 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 Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO:23-1062 Revision Date: 5/1/2023 Page 23 of 23 4 — 615 Sheridan Street Port Townsend, WA 98368 c9e1[ehson www.JeffersonCountyPublicHealth.org Public Heallf 1 Consent Agenda July 7, 2026 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Community Health Director Denise Banker, Community Health Division Director DATE: 1, 7 262-( SUBJECT: Agenda Item — Professional Services Agreement with Kitsap Public Health District A-2; July 1, 2026 — June 30, 2027; $70,000.00 STATEMENT OF ISSUE: Jefferson County Public Health is requesting Board approval of Amendment 2 to Professional Services Agreement with Kitsap Public Health District, to provide Youth Cannabis and Commercial Tobacco prevention in Jefferson County; July 1, 2026 — June 30, 2027; $70,000.00 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: The purpose of this ongoing contract amendment is to allow for additional prosocial activities for youth by awarding mini-grants to local youth-serving agencies, school districts, and programs. All other provisions of the Contract remain unchanged. FISCAL IMPACT/COST BENEFIT ANALYSIS: This agreement is funded by the Kitsap Public Health District through regional funding received from the WA State Department of Health. There is no impact to the General Fund. RECOMMENDATION: JCPH management request approval of Amendment 2 to Professional Services Agreement with Kitsap Public Health District to provide Youth Cannabis and Commercial Tobacco prevention; July 1, 2026 — June 30, 2027; 70,000.00 REVIEWED BY: 7/(3 /a6 Jos D. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community N-25-064-A2 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Kitsap Public Health District Contract No: N-25-064-A2 Contract For: Prevention of Tobacco,Vapor...Youth,Amend 2 Term: 7/1/2026 - 6/30/2027 COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Denise Banker Contact Phone: x 438 Contact email: debanker@co.jefferson.wa.us AMOUNT: $77,000.00 PROCESS: Exempt from Bid Process Revenue: $77,000.00 Cooperative Purchase Expenditure:Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# 127 RFP or RFQ Munis Org/Obj 12756800 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP WIT 080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:I I G7 Gam= July 7, 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: fl N/A: July 7, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/13/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/10/2026. DPA Luther reviewed and approved on 07/10/2026. 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 KPHD 2483 AmendmentAl(2532) 2 AMENDMENT TO AGREEMENT 2483 This Amendment("Amendment")to Kitsap Public Health District Professional Services Agreement for Youth Cannabis& Commercial Tobacco Prevention RECITALS WHEREAS,the Parties entered into the Agreement 2483 effective July 1, 2025; and to be completed no later than June 30,2026,unless terminated or extended as provided herein. WHEREAS, Washington State Department of Health has extended the contract by one year,added additional funding and revised the Statement of Work accordingly,and the parties have mutually agreed that it is desirable to adjust the funding to reflect these changes. OPERATIVE TERMS District: Kitsap Public Health District, a Health District organized pursuant to chapter 70.46 Revised Code of Washington and Section 9.52 Kitsap County Code. Subcontractor: Jefferson County Public Health NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: I. Amendment of Contract Section 1. Period of Performance. Section 1 is amended to extend the Period of Performance to June 30, 2027. II. Amendment of Contract Section 4. Statement of work and Budget. Subcontractor shall furnish the necessary personnel, equipment, materials, and/or services and otherwise do all the things necessary for or incidental to the performance of the work set forth in ATTACHEMENT A, attached hereto and incorporated herein. ATTACHMENT A contains the 2026-2027 Scope of Work and Budget. III. Amendment of Contract Section 5. Compensation. This agreement is funded by state funds. The District agrees to pay Subcontractor a total sum of$70,000 in state funds during this Agreement. The District shall reimburse Subcontractor for travel as applicable at the federally approved rate. Compensation will be based on invoices submitted by Subcontractor itemized a detailed description of services performed per the agreed upon Scope of Work and Budgets set forth respectively in ATTACHMENT A. IV.Other Provisions Unchanged. The other provisions of the Contract, remain unchanged. V. Effective Date. The effective date of this Amendment is the date last executed by all parties. KPHD Amendment Standard Form JeffCo:N-25-064-A2 VI. Authorization.,Each party signing below warrants to the other party that they have the full power and authority to execute this Amendment on behalf of the party for whom they sign. IN WITNESS WHEREOF,the Parties have subscribed their names hereto. KITSAP PUBLIC Dated this day of 2026. HEALTH DISTRICT BOARD OF COUNTY COMMISSIONERS YDGanda Tony JEFFERSON COUNTY, WASHINGTON. Yolanda Fonq(Jul 7.20 10 17:41 PDT) Yolanda Fong Administrator 07/07/2026 Greg Brotherton, Chair Date Date:_ ATTEST: Carolyn Galloway, Clerk of the Board APPROVED AS TO FORM: 1l4111, 07-10-2026 Jeremiah B. Luther Date Civil Deputy Prosecuting Attorney 2 ATTACHMENT A-SCOPE OF WORK AND BUDGET Jefferson County Public Health July 1,2026-June 30,2027 As a subrecipient of KPHD under the Washington Department of Health funded Youth Cannabis&Commercial Tobacco Prevention Program (YCCTPP),Jefferson County Public Health agrees to the following activities funded in full or part by the associated budget. Activity The Advocates for Healthy Olympic Youth is the regional network meeting facilitated by the regional lead.The purpose is to provide resources and discussion relating to youth health. Planning& Invite new community partners to join the Advocates for Healthy Olympic Youth. Coordination of Attend regional networking meetings as outlined by the regional Regional lead(June 2026-June 2027) Network Present at one regional network meeting regarding activities of one or more mini grantees.Timing for presentation will be decided between regional lead and sub-contractor.Template for presentation will be provided by regional lead. 2026- 2027 Strategies for Youth Cannabis&Commercial Tobacco Prevention: Youth Empowerment&Engagement Positive Community Norms To empower youth within Jefferson County&promote positive community norms,Jefferson County Health Department is contracted to accomplish the following described activities. Mini grants Mini grants are tools used to efficiently distribute funding to community organizations who currently outreach and work with youth.These mini grants can more efficiently provide opportunities for different groups of youth to experience a wider breadth of activities than one entity can provide.Jefferson County Health Department will continue to promote Implementation youth prevention by funding Jefferson based organizations to provide opportunities for youth in their community. Duties and expectations: Complete timeline,promotion,and distribution of mini grants. Create promotional materials and amend or create materials for scoring mini grant applications.Regional lead will assist with the creation and amendment of materials as necessary. Score mini grants through group consensus. Ensure that funding is applied within the approved scope of funding by mini grantees and provide support and assistance when necessary. Deliverables: Each mini grant recipient will be expected to submit a final report detailing the work that was done,and a description of the completed activities.These reports will then be compiled by the sub-contractor and submitted to KPHD and DOH.Examples of previous KPHD mini grant final reports will be provided. o This final report is expected to review how each mini grant served to promote youth tobacco and cannabis prevention through some combination of:direct education,increased pro social opportunities,skill development,and increased community wellness. The above activities are also included in the 2026-2027 YCCTPP workplan.In addition,smaller activities than the ones listed in this statement of work are also located in the 2026-2027 YCCTPP workplan. The workplan and statement of work may be amended or changed throughout the contract year as necessary.Changes to the workplan will be agreed upon by both parties. Monitor progress for each activity as appropriate;submit monthly narrative and data reports as requested by KPHD on the 5th of every month. Monitoring and The regional lead will conduct one site visit with Jefferson County HealthReporting Department.This site visit should correspond to an event or activity being hosted by the sub-contractor or related to work done by the sub- contractor.For example,an activity or final project event of a mini grant recipient. By February 1,2027,report progress to CTPP Regional Coordinator.IfMidterm Evaluation needed,adjust activities to ensure spend down.Conduct a mid-year workplan re-evaluation. Participate in monthly conference call with KPHD and attend webinars Calls/Meetings as scheduled;respond to correspondences related to CTPP from the Department of Health;respond to activity assessments/surveys administered by KPHD as appropriate per scope of work. Submit monthly invoices by the 20th of the month following the month in which costs were incurred.Invoices must include supportingInvoicing documentation such as timecards for staff time and copies of invoices paid for goods and services. Final invoice due July 10th,2027. Budget July 1,2026-June 30,2027 DCA Cost Description 11,559.78+ 3,340.48+ 4,863.44= Staff salaries+Benefits 6 hrs.per week:2 Kara,2 Staffing costs 19,763.70 Mackenzie,2 Liz.+Indirect Educational Supplies 236.30 Mini grants 15,000.00 Total Jefferson 35,000 NAPE Cost Description Staffing costs 11,559.78+ 3,340.48+ 4863.44= Staff salaries+Benefits 6 hrs.per week:2 Kara,2 19,763.70 Mackenzie,2 Liz.+Indirect Mini Grants 15,236.30 Total Jefferson 35.000 Funding Source Chart of Accounts Program Name or Title BARS Code 7/1/26-6/30/27 SFY25 DEDICATED CANNABIS ACCOUNT(DCA) TBD 35,000 SFY25 NICOTINE ADDICT PREV&ED PRO(NAPE) TBD 35,000 Total to Jefferson=$70,000 2483 Amendment 2 (2532) Final Final Audit Report 2026-07- 07 Created: 2026-07-07 By: april fisk(april.fisk@kitsappublichealth.org) Status: Signed Transaction ID: CBJCHBCAABAAw1 kha5V1 m24MTxRhyMQe9AXtR8a-7uR2 2483 Amendment 2 (2532)Final" History Document created by april fisk (april.fisk@kitsappublichealth.org) 2026-07-07-5:11:12 PM GMT Document emailed to Yolanda Fong (yolanda.fong@kitsappublichealth.org) for signature 2026-07-07-5:11:17 PM GMT Email viewed by Yolanda Fong (yolanda.fong@kitsappublichealth.org) 2026-07-07-5:17:14 PM GMT Document e-signed by Yolanda Fong (yolanda.fong@kitsappublichealth.org) Signature Date:2026-07-07-5:17:41 PM GMT-Time Source:server-Signature Appearance Selected:TYPE O Agreement completed. 2026-07-07-5:17:41 PM GMT El Adobe Acrobat Sign ATTACHMENT A-SCOPE OF WORK AND BUDGET Jefferson County Public Health July 1,2026-June 30,2027 As a subrecipient of KPHD under the Washington Department of Health funded Youth Cannabis&Commercial Tobacco Prevention Program (YCCTPP),Jefferson County Public Health agrees to the following activities funded in full or part by the associated budget. Activity The Advocates for Healthy Olympic Youth is the regional network meeting facilitated by the regional lead.The purpose is to provide resources and discussion relating to youth health. Invite new community partners to join the Advocates for HealthyPlanning& Coordination of Olympic Youth. Attend regional networking meetings as outlined by the regionalRegional Network lead (June 2026-June 2027) Present at one regional network meeting regarding activities of one or more mini grantees.Timing for presentation will be decided between regional lead and sub-contractor.Template for presentation will be provided by regional lead. 2026-2027 Strategies for Youth Cannabis&Commercial Tobacco Prevention: Youth Empowerment&Engagement Positive Community Norms To empower youth within Jefferson County&promote positive community norms,Jefferson County Health Department is contracted to accomplish the following described activities. Mini grants Mini grants are tools used to efficiently distribute funding to community organizations who currently outreach and work with youth.These mini grants can more efficiently provide opportunities for different groups of youth to experience a wider breadth of activities than one entity can provide.Jefferson County Health Department will continue to promote youth prevention by funding Jefferson based organizations to provideImplementation opportunities for youth in their community. Duties and expectations: Complete timeline,promotion,and distribution of mini grants. Create promotional materials and amend or create materials for scoring mini grant applications.Regional lead will assist with the creation and amendment of materials as necessary. Score mini grants through group consensus. Ensure that funding is applied within the approved scope of funding by mini grantees and provide support and assistance when necessary. Deliverables: Each mini grant recipient will be expected to submit a final report detailing the work that was done,and a description of the completed activities.These reports will then be compiled by the sub-contractor and submitted to KPHD and DOH.Examples of previous KPHD mini grant final reports will be provided. o This final report is expected to review how each mini grant served to promote youth tobacco and cannabis prevention through some combination of:direct education,increased pro social opportunities,skill development,and increased community wellness. The above activities are also included in the 2026-2027 YCCTPP workplan.In addition,smaller activities than the ones listed in this statement of work are also located in the 2026-2027 YCCTPP workplan. The workplan and statement of work may be amended or changed throughout the contract year as necessary.Changes to the workplan will be agreed upon by both parties. Monitor progress for each activity as appropriate;submit monthly narrative and data reports as requested by KPHD on the 5th of every month. Monitoring and The regional lead will conduct one site visit with Jefferson County Health Reporting Department.This site visit should correspond to an event or activity being hosted by the sub-contractor or related to work done by the sub- contractor.For example,an activity or final project event of a mini grant recipient. By February 1,2027,report progress to CTPP Regional Coordinator.IfMidterm needed,adjust activities to ensure spend down.Conduct a mid-year Evaluation workplan re-evaluation. Participate in monthly conference call with KPHD and attend webinars Calls/Meetings as scheduled;respond to correspondences related to CTPP from the Department of Health;respond to activity assessments/surveys administered by KPHD as appropriate per scope of work. Submit monthly invoices by the 20th of the month following the month in which costs were incurred.Invoices must include supporting Invoicing documentation such as timecards for staff time and copies of invoices paid for goods and services. Final invoice due July 10th,2027. Budget July 1,2026-June 30,2027 DCA Cost Description 11,559.78 + 3,340.48+ 4,863.44= Staff salaries+ Benefits 6 hrs.per week:2 Kara,2 Staffing costs 19,763.70 Mackenzie,2 Liz.+Indirect Educational Supplies 236.30 Mini grants 15,000.00 Total Jefferson 35,000 NAPE Cost Description Staffing costs 11,559.78 + 3,340.48 + 4863.44= Staff salaries+ Benefits 6 hrs.per week:2 Kara,2 19,763.70 Mackenzie,2 Liz.+ Indirect Mini Grants 15,236.30 Total Jefferson 35.000 Funding Source Chart of Accounts Program Name or Title BARS Code 7/1/26-6/30/27 SFY25 DEDICATED CANNABIS ACCOUNT(DCA) TBD 35,000 SFY25 NICOTINE ADDICT PREV&ED PRO (NAPE) TBD 35,000 Total to Jefferson=$70,000 KPHD 2483 Amendment 1 AMENDMENT TO AGREEMENT 2483 This Amendment("Amendment")to Kitsap Public Health District Professional Services Agreement ("Agreement") 2483for Youth Cannabis and Commercial Tobacco Prevention RECITALS WHEREAS,the Parties entered into the Agreement 2483 effective September 1, 2025; and to be completed no later than June 30, 2026, unless terminated sooner or extended as provided herein. WHEREAS, Jefferson County Public Health has agreed to increase opportunities for youth serving organizations in Jefferson County through funding of youth pro-social programs per Washington State Department of Health guidelines for mini grants OPERATIVE TERMS District: Kitsap Public Health District, a Health District organized pursuant to chapter 70.46 Revised Code of Washington and Section 9.52 Kitsap County Code. Subcontractor: Jefferson County Public Health Youth pro-social events: Structured, substance-free, and engaging activities designed to foster positive relationships, skill development, and community connection among young people. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: I.Amendment of Contract Section 30 Subcontracting. The District will approve the adjustment of budget allocation to not exceed a total of$77,000 awarded in the earlier contract and permission to increase youth prosocial activities in Jefferson County. II. Amendment of Contract Section Budget. The total of the budget is not adjusted; this is for line-item cost movement only. III. Other Provisions, a) The Subcontractor(Laura Tucker or their representative) will report to the District, (Dana Bierman or their representative) at monthly check-in meetings. b) The Subcontractor will submit required reports using required forms according to procedures issued by the District. c) The Subcontractor will send invoices monthly to the District for services rendered. KPHD Amendment Standard Form.docx JeffCo N-25-064-AI IV. Effective Date. This Amendment is effective February 1, 2026 to June 30, 2026. All other portions of the original Agreement 2483 will remain in effect as stated. V. Authorization. Each party signing below warrants to the other party that they have the full power and authority to execute this Amendment on behalf of the party for whom they sign. IN WITNESS WHEREOF,the Parties have subscribed to their names hereto. KITSAP PUBLIC HEALTH DISTRICT BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Yo1aii la ong Yolanda Fong(Mar 26.202 12 46:50 PDT) Yolanda Fong,Administrator Heidi Eisenhour, Chair Date ATTEST: Carolyn Galloway, Clerk of the Board APPROVED AS TO FORM: Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Funding Program: CH Contract/Grant: DOH CON CON CLH32054 (KPHD 2441) IV. Effective Date. This Amendment is effective February 1, 2026 to June 30, 2026. All other portions of the original Agreement 2483 will remain in effect as stated. V. Authorization. Each party signing below warrants to the other party that they have the full power and authority to execute this Amendment on behalf of the party for whom they sign. IN WITNESS WHEREOF,the Parties have subscribed to their names hereto. KITSAP PUBLIC HEALTH DISTRICT BOARD OF COUNTY COMMISSIONERS JEFFERSON, OUNTY, WASHINGTON I Yolanda Fong, Administrator reg rotherton, Chair to EF FERS'• ATTES pMS. m: C oly Gallaway, Cl rk of tl$board y APPROVED AS TO FORM: '•v,,,,N,G •°••,,.•` 04-01-2026 J iah Luther Date Deputy Prosecuting Attorney Funding Program: CH Contract/Grant: DOH CON CON CLH32054 (KPHD 2441) 2f12PageKPH1of1 ORIGINALPage PROFESSIONAL SERVICES AGREEMENT Between KITSAP PUBLIC HEALTH DISTRICT And JEFFERSON COUNTY PUBLIC HEALTH This Professional Services Agreement ("Agreement") is made and entered into between the Kitsap Public Health District, a Health District organized pursuant to chapter 70.46 Revised Code of Washington and Section 9.52 Kitsap County Code,hereinafter referred to as"District,"and Jefferson County Public Health, hereinafter referred to as "Subcontractor." The parties mutually agree as follows: 1. Period of Performance: The period of performance of this Agreement shall begin July 1,2025 and be completed no later than June 30, 2026, unless terminated sooner or extended as provided for herein. 2. Purpose: The District requires the expertise of this Subcontractor to develop and implement coordinated tobacco,vapor product,and marijuana intervention strategies to prevent and reduce commercial tobacco,vapor,and marijuana use by youth in Jefferson County. 3, Oualifications/Eligibility: Subcontractor shall have the qualifications necessary to successfully complete the objectives of this Agreement.The Subcontractor hereby affirms that he/she is eligible to work in the United States as set forth in the Immigration Reform and Control Act 1RCA). 4. ;statement of Work and Budget: Subcontractor shall furnish the necessary personnel, equipment material,and/or services and otherwise do all things necessary for or incidental to the performance of the work set forth in ATTACHMENT A,attached hereto and incorporated herein. ATTACHMENT A contains the Scope of Work and Budget. 5. Compensation: This Agreement is funded by state funds. The District agrees to pay Subcontractor a total sum of$77,000 in state funds during this Agreement. The District shall reimburse Subcontractor for travel as applicable at the federally approved rate.Compensation will be based on invoices submitted by Subcontractor itemizing a detailed description of services performed per the agreed upon Scopes of Work and Budgets set forth respectively in ATTACHMENTS A. Subcontractor shall submit a Monthly Expenditure Report and Request for Reimbursement.(Form A-19) invoice voucher, hereto attached and herein incorporated as ATTACHMENT B, to the District for payment. 6. Performance Requirements and Notices: The assigned District staff shall monitor the performance of this Agreement, approve billings submitted by Subcontractor,and determine the acceptability of any reports provided by Subcontractor. District staff shall provide and facilitate assistance and guidance to Subcontractor as necessary. The District reserves the right to conduct periodic performance and billing reviews after the execution ofthis Agreement in order to evaluate unspent/unclaimed funds.The District reserves for itself the authority to reallocate funding pending the outcome of such a review. JCPH:N-25-064 KPHD 2483 Page 2 of 12 Subcontractor shall send programmatic communications, such as reports, via the communication method established by the District.Formal notices pursuant to this Agreement shall be sent to the staff responsible for project coordination as follows: If to the District: If to the Subcontractor: Kitsap Public Health District Jefferson County Public Health Attn: Yolanda Fong Attn: Denise Banker 345 6`h Street, Suite 300 615 Sheridan Street Bremerton, WA 98337 Port Townsend,WA 98368 360) 728-2275 360)385-9400 Yolanda.Fong@kitsappublichealth.org dbankertg?co jefferson.wa.u4 7. Special Billing Requirements: Billings to the District shall be submitted no more frequently than every 30 days, and shall be quarterly at a minimum. Billings for services on a monthly fraction of the budget will not be accepted or approved.Billings shall be sent to: Kitsap Public Health District Melissa Laird 345 6th Street, Suite 300 Bremerton, WA 98337 360) 728-2283 Authorized and allowable program expenditures will be reimbursed upon receipt and approval of the monthly A-19 must be provided to the District by the 20th of each month in order to receive reimbursement for the previous month.If the District does not receive the A-19 by the 20th of the month with the required deliverables, the District may withhold approval and payment at its discretion. The District will pay Subcontractor all allowable costs incurred as evidenced by proper invoice of Subcontractor submitted to the District on a timely basis,insofar as those allowable and allocable costs do not exceed the amount appropriated or otherwise available for such purposes as stated herein or in subsequent amendments. Backup documentation will be provided to the District with invoice.Backup documentation can include, but is not limited to: receipts, invoices, billing records,work orders,positive time and attendance records (timesheets),travel vouchers and accounting expense reports. Failure to provide the required information may result in nonpayment of invoices or termination of this Agreement. This is a subcontractor contract. All expenditures incurred,and reimbursements made for performance under this Agreement will be based on actual allowable costs.Costs can include direct labor,direct material,and other direct costs specific to the performance of activities or achievement of deliverables under this Agreement. Unexpended funds in each fiscal year may not be carried forward into the new budget period unless otherwise approved by the District. KPHD 2483 Page 3 of 12 Email submission of invoices, electronic reports, and deliverables is encouraged. However, original hardcopy of the A-19 is required and shall be mailed to the District. Upon expiration of this Agreement, any claim for payment not already made shall be submitted to the District within 20 days after the expiration date. 8. jndependent Capacity: Subcontractor and its employees or agents who are engaged in the performance of this Agreement shall continue to be employees or agents of Subcontractor and shall not be considered to be employees or agents of the District for any purpose. 9. Rights in Data: Unless otherwise provided,data which originates from this Agreement shall be "works for hire"as defined by the U.S. Copyright act of 1976 and shall be owned by the District. Data shall include, but not limited to, 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. The District maintains all rights to the license to publish, translate,reproduce, modify, deliver, dispose of the data, and to authorize others to do so. 10. Indemnification: Subcontractor shall defend, indemnify and hold the District, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Subcontractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the District. However, that in the case of negligence of both the District and the Subcontractor, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. Solely for the purposes of this provision, Subcontractor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. This provision will survive the expiration or termination of this Agreement. 11. Insurance, Subcontractor shall procure and maintain for the duration of this Agreement, coverage against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Subcontractor, its agents, representatives,or employees. No Limitation,Subcontractor's maintenance of coverage as required by this Agreement shall not be construed to limit the liability of Subcontractor to the coverage provided by such coverage, or otherwise limit the District's recourse to any remedy available at law or in equity. A. Minimum Scope of Coverage Subcontractor shall obtain coverage of the types described below: 1. Automobile Liability coverage covering all owned, non-owned, hired and leased vehicles. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability coverage shall shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The District shall be named as an additional insured under KPHD 2483 Page 4 of 12 Subcontractor's Commercial General Liability coverage with respect to the work performed for the District. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the state of Washington. 4. Professional Liability coverage appropriate to the Subcontractor's profession. Subcontractor shall provide the District with proof of liability coverage or professional errors and omissions coverage as appropriate. B. Minimum Amounts of coverage Subcontractor shall maintain the following coverage limits: 1. Automobile Liability coverage with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident 2. Commercial General Liability coverage shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability coverage shall be written with limits no less than$1,000, 000 per claim and$1,000,000 policy aggregate limit. C. Other Coverage Provisions The coverages are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability coverage: 1. Subcontractor's coverage shall be primary coverage as respect the District. Any coverage maintained by the District shall be excess of Subcontractor's coverage and shall not contribute with it. 2. Subcontractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the District. D. Acceptability of Coverage Subcontractor has a memorandum of liability coverage with the Washington Counties Risk Pool, which the District agrees is acceptable. E. Verification of Coverage Subcontractor shall furnish the District with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional coverage endorsement, evidencing the coverage requirements of Subcontractor before commencement of the work. F. Insurance Compliance: In the alternative, either party to this agreement may fulfill the insurance obligations contained herein by maintaining membership in a joint self-insurance program authorized by RCW 48. 62.In this regard, the parties understand that the party to this agreement who is a member of such a program is not able to name the other party as an"additional insured"under the liability coverage provided by the joint-insurance program. 12. ,feguarding of Information and Privacw: The use or disclosure by any party of any KPHD 2483 Page 5 of 12 information concerning a client obtained in providing service under this Agreement shall be subject to Chapter 42.56 RCW and Chapter 70.02 RCW, as well as 45 CFR Parts 160 and 164 and any other applicable federal and state statutes and regulations.Personal information collected, used or acquired in connection with this Agreement shall be used solely for the purposes of this Agreement. Subcontractor agrees not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. Subcontractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to personal information. Any unauthorized access or use of confidential information must be reported to the District Privacy Officer at (360) 728-2232. The notification must be made in the most expedient time possible (usually within 24 hours of discovery) and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The District reserves the right to monitor, audit, or investigate the use of personal information collected, used, or acquired by Subcontractor through this Agreement. The monitoring, auditing, or investigating may include but is not limited to "salting" by the District. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Subcontractor shall certify the return or destruction of all personal information upon expiration of this Agreement. 13. Records Retention and Inspection: The parties to this Agreement shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to the inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,the Office of the State Auditor,and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving that party a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 14. Written Policies and Procedure/Documents on Filet Written policies and procedures, consistent with federal and state regulations, as applicable, will be kept on file in the office of the Subcontractor and available for review at the request of District staff. Such policies and procedures will include, but not be limited to, as appropriate: A. Job Descriptions B. Confidentiality Policy C. Community Needs Assessment D. 5-Year Regional Strategic Plan (includes biennial work plan) KPHD 2483 Page 6 of 12 Special Instructions: a. Subcontractor must conduct criminal background checks for those staff, volunteer, contractor, or subcontractor working directly with youth (ages 0- 17). b. Subcontractor must prohibit any staff,volunteer,contractor,or subcontractor with a felony conviction related to their duties from supervising and interacting with minors while performing the duties of this Agreement.This requirement is consistent with existing RCW 9.96A.020. In addition, Subcontractor will keep on file and make available for review by District staff documents consistent with federal and state regulations that will include but are not limited to the latest agency audit and Subcontractor agreements. Subcontractor will include these requirements in all approved subcontracts. 15. Required Reports: Subcontractor will submit required reports using required forms according to procedures issued by the District. Subcontractor will be obligated to submit required reports after the close of the contract period, during the transfer of obligations to another contractor, or upon termination of the contract for any reason. Subcontractor will include all requirements listed above in all approved subcontracts. Due dates outside the Budget Period are for reporting only. Subcontractor may not bill for work done outside the Budget Period. 16. Statutory and Regulatory Compliance: Subcontractor shall comply with all applicable federal, state,and local laws,regulations,guidelines,and standards in the performance of this Agreement. 17. Compliance with State and Federal Confidentiality Laws: Subcontractor shall not use protected health information created or shared under this Agreement in any manner that would constitute a violation of RCW 70.02, RCW 42.56,the Health Information Portability and Accountability Act, commonly known as HIPAA, or any regulations enacted pursuant- to its provisions. 18. Suspension of Performance and Resumption of Performance: In the event contract funding from state,federal,or other sources is withdrawn,reduced,or limited in any way after the effective date of this Agreement and prior to normal completion,the District may give notice to Subcontractor to suspend performance as an alternative to termination. The District may elect to give written notice to Subcontractor to suspend performance when the District determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this Agreement. Notice may occur by facsimile or email to Subcontractor's representative. Subcontractor shall suspend performance on the date stated in the written notice to suspend. During the period of suspension of performance, each party may inform the other party of any conditions that may reasonably affect the potential for resumption of performance. KPHD 2483 Page 7 of 12 When the District determines that the funding insufficiency is resolved,the District may give Subcontractor written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Subcontractor will give written notice to the District as to whether it can resume performance, and if so, the date upon which it agrees to resume performance. If Subcontractor gives notice to the District that it cannot resume performance, the parties agree that this Agreement will be terminated retroactive to the original date of termination. If the date Subcontractor gives notice it can resume performance is not acceptable to the District,the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to the District, the parties agree that this Agreement will be terminated retroactive to the original date of termination. 19. r'inn-Discrimination: Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, sex,religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, sexual preference, or the presence of any sensory mental or physical handicap. 20. Waiver: A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under his Agreement unless stated to be such in writing, signed by an authorized representative of the party and attached to the original Agreement. 21. Assignment;, The work to be provided under this Agreement and any claim arising thereunder, is not assignable or delegable by either party in whole or in part without the express prior written consent of the District, which consent shall not be unreasonably withheld. 22. Amendments and Changes in Work: This Agreement may be modified only by a written amendment executed by authorized representatives of both parties. In the event of any errors or omissions by Subcontractor in the performance for any work required under this Agreement, Subcontractor will make all necessary corrections without additional compensation. All work submitted by Subcontractor will be certified by Subcontractor and checked by Subcontractor for errors and omissions. Subcontractor will continue to be responsible for the accuracy of work even after the work is accepted by the District. 23. Termination: This Agreement may be terminated by either party upon giving at least 30 days advance written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 24. Termination for Cause: If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation.The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved part to the other. KPHD 2483 Page 8 of 12 25. Termination for Funding;If funding for this Agreement or matter is withdrawn,reduced or limited in any way after this Agreement is signed or becomes effective,the Parties may summarily terminate this Agreement notwithstanding any other termination provision in this Agreement. Termination under his provision will be effective upon the date specified in the written notice of termination. No costs incurred after the effective date of the termination will be paid. 26. Choice of Law: This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and applicable federal laws,both as to its interpretation and performance. The provisions of this Agreement shall be construed to conform to those laws.Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in Kitsap County, Washington. 27. Dispute Resolution: In the event that a dispute or conflict arises under this Agreement that the Parties are unable to resolve with good faith efforts, they shall allow the dispute to be decided by a Dispute Panel in the following manner: A Mediator shall be mutually appointed by both parties,and each party shall appoint an additional member to the Dispute Panel.The Dispute Panel shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Panel shall be final and binding on the Parties hereto.The Parties shall equally share the costs, if any, for the services of the Dispute Panel. 28. Severability: If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 29. Survival: Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of this Agreement shall so survive.Those provisions include,but are not necessarily limited to, the following: Indemnification,Termination, Disputes, Confidentiality, Choice of Law, Waiver,Records Inspection and Retention, and Severability. 30. Subcontracting;Subcontractor shall not enter into subcontracts for any of the work contemplated under his Agreement without prior written approval of the District. In no event shall the existence of the subcontract operate to release or reduce the liability of Subcontractor to the Department for any breach in the performance of Subcontractor's duties. This clause does not include contracts of employment between Subcontractor and personnel assigned to work under this Agreement. Subcontractor is responsible for ensuring that all terms,conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. Subcontractor agrees not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the District or as provided by law. If at any time during the progress of the work,the District determines in its sole judgment that any contractor is incompetent,the District shall notify Subcontractor, and Subcontractor shall take immediate steps to terminate its Subcontractor's involvement in the work.The rejection or approval by the District of any Subcontractor or the termination of a Subcontractor shall not relieve Subcontractor of any of its responsibilities under this Agreement, nor be the basis for additional charges to the District. KPHD 2483 Page 9 of 12 31. Entire Agreement:This Agreement constitutes the entire agreement between the parties regarding its subject matter. Any oral or written representations not expressly incorporated in this Agreement are specifically excluded. KITSAP PUBLIC HEALTH DISTRICT BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Yokiv(a Boni I tjyAntatuiaFong(cop 7 7tl7C 1 1-77 PnT) 5-1 L3 i4ttit terrpn ei 5 isenhour, Chair Date Yolanda Fong,Administrator 4 N CC?t''. 1: t. ATTFT: iovilit_;,,,„, (it-e-fix-41--/,', t, Q• ,.,, •••'' `lyn Ga oway, Clerk of the Bard t APPROVED,,{AS TO FORM: 72 r i r.for 09/04/2025 Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Funding Source Program: CH Contract/Grant: DOH CON CON CLH32054(KPHD 2441) 1 KPHD 2483 Page 10 of 12 ATTACHMENT A-SCOPE OF WORK AND BUDGET Jefferson County Public Health July 1,2025-June 30,2026 As a subrecipient of KPHD under the Washington Department of Health funded Youth Cannabis& Commercial Tobacco Prevention Program (YCCTPP), Jefferson County Public Health agrees to the following activities funded in full or part by the associated budget. Activity Coordinate and maintain the Olympic Prevention Partnership steering Planning& committee and network. Coordination of Invite new community partners to join the Olympic Prevention Regional Partnership Steering Committee. Network Attend regional networking meetings as outlined by the regional lead (June 2025 -June 2026) 2025-2026 Strategies for Youth Cannabis& Commercial Tobacco Prevention: Social Norms:Media&Health Communications Youth Empowerment&Engagement Implementation Decision-maker Engagement Policy,System,Environmental Changes Specific Jefferson County activities are described in the 2025-2026 YCCTPP workplan. Please refer to the workplan for guidance on which activities fall under each funding source.Workplans are subject to change.Any changes will be approved by both parties. Monitor progress for each activity as appropriate; submit monthly Monitoring and narrative and data reports as requested by KPHD on the 5thof every Reporting month. Midterm By February 1,2026,report progress to CTPP Regional Coordinator.If needed,adjust activities to ensure spend down. Conduct a mid-year Evaluation workplan re-evaluation. Participate in monthly conference call with KPHD and attend webinars as Calls/Meetings scheduled; respond to correspondences related to CTPP from the Department of Health; respond to activity assessments/surveys administered by KPHD as appropriate per scope of work. Submit monthly invoices by the 20th of the month following the month in which costs were incurred,except for the Final Expenditure Report and Invoicing Request for Reimbursement in each federal fiscal year (due July 1,2025). Invoices must include supporting documentation such as timecards for staff time and copies of invoices paid for goods and services. KPHD 2483 Page 11 of 12 Budget July 1,2025-June 30,2026 DCA Cost Description Staffing costs 22,425 Staff salaries + indirect WSPHA conference 2,700 1 JCPH staff and 3 students attend WSPHA to present JC Prevention Summit 1,500 Rental,AV,and snacks Seattle Prey Summit 200 1 JCPH and 3 students attend Seattle prevention summit Mini grants 8,850 Mini grants for youth serving organizations in rural JC General travel, Booth registration fees for County picnic tabling event and etc. 2,825 general travel for activities Total Jefferson 38,500 NAPE Cost Description Staffing costs 22,424 Staff salaries + indirect Peer to Peer 16,076 Training 20+ students to teach prevention classes. Includes program rental for training,stipends,prizes for classroom,and end of year report activity. Total Jefferson 38,500 Funding Source Chart of Accounts Program Name or Title BARS Code 7/1/25-_6/30/26 SFY26 DEDICATED CANNABIS ACCOUNT (DCA) 334.04.93 38,500 SFY26 NICOTINE ADDICT PREV&ED PRO (NAPE) 334.04.93 38,500 Total to Jefferson=$77,000 KPHD 2483 Page 12 of 12 FORM STATE OF WASHINGTON Attachment B Page A-11 A 19-IA f INVOICE VOUCHER Rov.1191) \ T AGENCY NC LOCATION CODE !P.R ORAUTH NO. AGENCY NAME INSTRUCTION TO VENDOR OR CLAIMANT.Submit this form to claim payment for materials,merchandise or services. Kltsap Public Health District Show complete detail for each Item Attn:Melissa Laird 345 6th St,Suite 300 VENDOR'S CERTIFICATE I hereby certify under penalty Bremerton, WA 98337-1866 of perjury that the'items and totals listed herein are proper charges for materials,merchandise or services furnished to the State of Washington,and that all goods furnished and/or services rendered have been provided without VENDOR OR CLAIMANT(Warrant is to be payable to) discrimination on the grounds of race,creed,color. national origin,ten,or age. BY DATE) FEDERALI.D NO..ORSOCIALSECURITY NO RECEIVED BY DATE RECEIVED UNIT FOR AGENCY DATE DESCRIPTION QUANTITY l UNIT PRICE AMOUNT USE Services provided in perforrnanc.e of contract Billing period: to Total Tobacco Expenses I YMPEP Expenses TOTAL DUE: I$ PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC.DATE PMT DUE DATE CURRENT DOC.NO REF DOC.NO VENDOR NUMBER VENDOR MESSAGEIUSE TAX UBI NUMBER REF M MASTERINDEX SUB WXCLAS COUNT CITY I AMOUNT INVOICE NUMBER DOC TRAN! 0 FUND APPN PROGRAM SUB SUB ORG BOLT SUB PRO ELF CODE D INDEX INDEX OB1 INDEX ALLOC UNT f.AOE PRJT PROJ PH ACCOUNTING APPROVAL.FOR PAYMENT DATE WARRANT TOTAL WARRANT NO. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Jefferson County Board of Commissioners FROM: Carolyn Gallaway, Clerk of the Board DATE: July 20,2026 SUBJECT: AGREEMENT,Amendment No. 4 re: to the Professional Services Agreement by and Betweeen Jefferson County and SWCA Environmental Consultants STATEMENT OF ISSUE: On May 1, 2023 the Board of County Commissioners approved the original Professional Services Agreement to complete a Jefferson County Community Wildfire Protection Plan. Amendment No. 1 included revisions to the Scope of Work and additional funds. Amendment No. 2 included changes to Scope of Work and payment aligning with Exhibit A. Amendment No. 3 changed the expiration of the contract to June 30, 2026. ANALYSIS: Staff if is requesting the contract be extended through December 31, 2026. FISCAL IMPACT: The original contract with SWCA Environmental Consultants has $75,849.73 remaining, with $50,000 budgeted in 2026 from the Non-Departmental Fund. RECOMMENDATION: Approve the attached amendment. REVIEWED BY: 7/111134 Jos . ters, County Administrator Date 404 4 to the Professional ServicesAmendmentNo. Agreement with SWCA Environmental Consultants This Amendment No. 4 to the Agreement is made and entered into by and between Jefferson County, a political subdivision under the laws of the State of Washington, and SWCA Environmental Consultants (Grantee), (collectively known as the "Parties"). WHEREAS,the Parties want to amend the Grant Agreement entered into between them; NOW, THEREFORE,the Parties agree as follows: 1. Purpose. The purpose of this Amendment is to extend the term of the contract. 2. Amendment. 3. Time for Performance. The first sentence is amended to read: This Agreement will commence April 18, 2023 and will expire on December 31, 2026. 3. All other terms remain the same. SIGNATURES FOLLOW ON NEXT PAGE) 1 Jefferson County SWCA Environmental Consultants Board of Commissioners Signature Date Printed name Greg Brotherton, Chair Date SEAL: ATTEST: Carolyn Gallaway, CMC Date Clerk of the Board Approved as to form only: 07-10-2026 Jeremia B. uther Date Civil Deputy Prosecuting Attorney CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: SWCA ENVIRONMENTAL CONSULTANTS Contract No: SWCA-Amend4 Contract For: Environmental Consultant Services Term: Through December 31, 2026 COUNTY DEPARTMENT: COUNTY ADMINISTRATOR'S OFFICE Contact Person: CAROLYN GALLAWAY Contact Phone: 360- 385-9122 Contact email: CAROLYN©CO.JEFFERSON.WA.US AMOUNT: NO CHANGE IN AMOUNT PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WI II JCC 3.55.080 AND CHAPT R 42.23 RCW. CERTIFIED: N/A: Zl 7 7/2'6n Signature Date STEP 2: DEPARTMENT CERTIFIES E PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. A+ 1 CERTIFIED: N/A: f l Kr I ignature Date STEP 3: RISK MANAGEMENT REVIEW (wil b added electronically through Laserfiche): Electronically approved by Risk Management on 7/14/2026. Change contract amendment to have performance period end on December 31, 2026, not December 31, 2027. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/10/2026. DPA Luther approved and signed on 07/10/2026. 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 htenck Amendment No. 3 to the Professional Services Agreement with SWCA Environmental Consultants This Amendment No. 3 to the Agreement is made and entered into by and between Jefferson County and SWCA Environmental Consultants, herein after known as the "Parties." WHEREAS, the Parties want to amend the Agreement entered into between them; NOW, THEREFORE, the Parties agree as follows: 1.Purpose. The purpose of this Amendment is to add a finite period of performance. 2.Amendment. 3. Time for Performance. The first sentence is amended to read: This Agreement \gill commence April 18, 2023 and will expire on June 30, 2026. 3.No Other Change.All other terms of the Professional Services Agreement between the Parties remain unchanged, except as modified in this Amendment. SIGNATURES FOLLOW ON NEXT PAGE) 1 DATED this 24± day of A4y- 2025. JEFFERSON COUNTY WASHINGTON SW ENVIRONMENTAL C LTANTS Board of County Commissioners C Jefferson County, Washington Dat S/By: I 2-ic Heidi Eise our, Chair Date By: Commissioner Date By 5 /a i— er ley-Nollette G.otsion r Date if Fc RSo4, N. oMMf4 CO'ti 4. : it..SEAL: z i ATTEST.I. O 640,r,-144‘.4.H...114,...01- 41yy hgG`• 1k 2 25arolallaway, CMC D to Clerk the Board Approved as to form only: 92/2/1, for 05/08/2025 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley,County Administrator DATE: May 12,2025 SUBJECT: Request for approval: Amendment No.3 to the Professional Services Agreement PSA)with SWCA, Environmental Consultants for Professional Services Related to Preparing the Jefferson County Community Wildfire Protection Plan (CWPP) STATEMENT OF ISSUE: Jefferson County has had an Agreement in place with SWCA since April 18,2023. SWCA helped the County develop its first ever Community Wildfire Protection Plan(CWPP). They subsequently supported the County in preparing a $2.6 million Community Wildfire Defense Grant(CWDG). The Agreement doesn't have an expiration date. Rather it says the Agreement will continue in effect until work is done. We have a scope of work that takes us through the end of June, 2025. The parties wish to establish a finite expiration date of June 30, 2026. ANALYSIS: A finite expiration date will add certainty to the parties. There are unexpended funds on this Agreement that may be used if the County's CWDG application is successful. In the alternative the funds could be used to help us prepare a follow-on grant application should our current application fail. FISCAL IMPACT: This amendment has no fiscal impact. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 3 to the PSA with SWCA. REVIEWED BY: Mark McCaule unto Administrator Date CONTRACT REVIEW FORM clear For INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: SWCA Contract No: SWCA-AM No 3 Contract For: Community Wildfire Protection Consulting Term: Through June 2026 COUNTY DEPARTMENT: County Administrator Contact Person:Mark McCauley Contact Phone: 360-385-9130 Contact email: mmcrauteygcn Jefferson wa us AMOUNT: N/A PROCESS:Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: N/A Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund # N/A RFP or RFQ Munis Org/Obj N/A Other: APPROVAL STEPS: STEP I: DEPARI'\IENT CERTIFIES COMP N E WITH J .5 0 AND CHAPTER 42.23 RCW. CERTIFIED: E j5i S attire ate STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A:6 ZS attire ate STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/8/2025. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS Electronicall a roved as to form by PAO on 5/8/2025.STEP 7: SUBMIT TO BOCCnamen Ao define term of agreement. Original agreement and prior amendments attached. Thank you for revising. AYAe 7 Amendment No. 2 to the Professional Services Agreement with SWCA Environmental Consultants This Amendment No. 2 to the Agreement is made and entered into by and between Jefferson County and SWCA Environmental Consultants, herein aver known as the'`Parties." WHEREAS, the Parties want to amend the Agreement entered into between them: NOW. THEREFORE. the Parties agree as follows: 1. Purpose. The purpose of this Amendment is to add $125,000 to the not exceed amount of the Agreement raising it to $319,956.30 and to add additional services to the project's scope. 2. Amendment. a. Scope of Services, Is amended to additional services required to accommodate City of Port Townsend concerns. These additional services are identified on Exhibit"A"attached hereto including the provision of all labor. b. The first sentence of 4. l'avment. a. is amended to read: Payment for the work provided by Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Contractor shall not exceed$319,956.30. in accordance with Exhibit B,without express written modification of the Agreement signed by each party. 3. No Other Change. All other terms of the Professional Services Agreement between the Parties remain unchanged, except as modified in this Amendment. SIGNATURES FOLLOW ON NEXT PAGE) 1 te, 11,‘I I.l) ails 1,;4> ol 11. I.it ft\ON ( ()I \ I 11 ‘sIIIN(.-TON 114 \ Ili(I\!I I VI 11 c5-vve'll 4'741 i)‘ 1.tiNTS 110.0 Cot—m,,truk:1‘ 7/1 SWZA ) hi/0q)0/71-"/—e-e->(-- Excused Absence11% Daic 2/ 1 t I • otte;;;RNIZVN'CO4 0° sf 5 If Si - H 1146.00441•4iwkwia ‘7, 8, 2 t, v arok.nt talLOAa•. Clerk tlt thc Rt C :410.06.4490, July 4 2024 Philip ( 14.,1 Icrytil)• Pt,/ 4.. , n 2 EXHIBIT A to Amendment No. 2. Scope of Work Jefferson County CWPP Phase 2 This scope of work provides brief descriptions of the Jefferson County CWPP Phase 2 tasks. We provide the estimated costs of the following tasks in a separate document. This estimate is valid for 90 days.The project is scheduled for one year, beginning at the time of Notice to Proceed. 1. Fee Structure: time and materials, not to exceed, cost estimates included The fee structure for the following tasks is based on time and materials and cost estimates are provided. Tasks: 1. Project Management, Safety and Admin SWCA's administration of project management, administration, and safety. 2. Facilitate 2 virtual meetings(2 hours each)to assist in the transition of the Advisory Group into a sustained Wildfire Advisory Group or Firesafe Council within the year of finalizing the CWPP: Host virtual meetings: Meeting 1: Develop the structure of the Firesafe Council, including roles, responsibilities,goals and frequency of meetings. Meeting 2:discuss project status, opportunities,challenges,and/or conditions that may have changed, as the Firesafe Council work to implement the plan. Design meeting agendas to meet the specific needs or interests of the Firesafe Council, ensuring that the discussions are productive. Compile meeting notes and disseminate them to Firesafe Council members. 3. Provide annual maintenance of the County CWPP hub site: Continue to maintain the CWPP hub site to ensure relevance and accuracy. Conduct four virtual meetings, one each quarter, with Jefferson County staff to review potential changes and provide a cost estimate to implement suggested changes to the hub site including GIS data, maps, textual content, photos, images or other information. This task includes meeting and developing the cost estimate. Facilitate ad hoc updates, 1—3/times per month, to hub site between regularly scheduled meetings, allowing the County to provide updated information to be posted onto the hub site as needed. 4. Advise the County on grant opportunities: Spend up to 8 hours/month reviewing for and notifying the county of relevant upcoming grant opportunities as they become available, ensuring they are aware of potential funding sources to support their initiatives and project recommendations. Focus on grant opportunities that provide significant funding to support larger project recommendations. 1 Build from existing CWPP funding appendix—i.e.CWDG, FEMA, BRIC, America the Beautiful 5. Facilitate 1 In-Person Fire Safe Council Meeting(6 hours) When the WA DNR provides updated guidance about the definition of WUI and a revised WA WUI map, host one 6 hour in-person workshop to analyze its implications on the CWPP and adjust the plan as needed. Provide GIS support(virtually)during the meeting to facilitate real time adjustments to conditions and discuss various scenarios. 6. Update the Jefferson County CWPP Provide an update to the CWPP based on revisions to the WA WUI map and results of Firesafe Council workshop, to include revised mapping, modeling and narrative in main document chapters and appendices as well as hub site. Develop a detailed assessment of risk and hazard for Port Townsend, in an appendix to the CWPP. Approach may require additional field assessments and desktop analysis. 2. Fee Structure: hourly rates, cost estimates to be determined When the complexity of tasks makes precise estimation challenging,we offer hourly rates.Should these tasks be needed,we would engage in a discussion about the budget and gain approval prior to implementation. Tasks: 7. Develop a web-based project tracker application: Project tracker can be used internally by the Fire Safe Council to manage project status and related data Project tracker includes a public facing dashboard providing a succinct overview of project details and data, such as number of acres treated, and dollars spent. 8. Consult as needed: Meet via virtual meeting or exchange emails to address a variety of concerns or queries related to the CWPP. 9. Assist with grant writing SWCA could provide Jefferson County with a schedule, scope of work, and budget specific to the requirements of the grant opportunity. Develop a grant proposal, including writing,editing, graphics, budgeting or other requirements. 2 EXHIBIT B to Amendment NO. 2 Budget for Jefferson County CWPP Phase 2 Tasks Please find the cost estimates in the tables below. ASKS:TIME AND MATERIALS LABOR$ EXPENSES TOTAL$ Task 1. Project management, safety,and administration 5570.24 Task 2. Facilitate 2 virtual meetings:transition to Firesafe 13,216.96 Council Task 3. Maintain the County CWPP hub site per year 17,646.99 Task 4.Advise the County on Grant opportunities 16,661.28 Task 5. Facilitate 1 In-Person Meeting(6 hours) 9566.64 2780.50 12,347.14 Task 6. Update the Jefferson County CWPP 21,295.25 PROJECT TOTAL 86,737.86 ealtleMOTES LABOR$ TOTAL$ Task 7. Develop a Project Tracker 158/hour TBD Task 8 Consult as needed 189/hour TED Task 9.Assist with grant writing 189/hour TED JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley,County Administrator DATE: July 8,2024 SUBJECT: Request for approval: Amendment No. 2 to the Professional Services Agreement PSA)with SWCA. Environmental Consultants for Professional Services Related to Preparing the Jefferson County Community Wildfire Protection Plan(CWPP) STATEMENT OF ISSUE: On Monday,July 1, 2024 the Board of County Commissioners adopted the first ever Community Wildfire Protection Plan for Jefferson County and presided over a signing ceremony where our partners signed the plan's signature page. Now that the plan has been formally adopted. it's time to shift to Phase 2. which is plan implementation. itself a daunting task. The Advisory Group was consulted and all agreed that retaining SWCA Environmental Consultants to assist the County and its partners with plan implementation would he prudent. at least for a year. ANALYSIS: The attached Amendment No. 2 to the original SWCA contract includes a scope of work and a budget for the additional year. And while the budgeted amount seems high we believe that retaining SWCA will result in many times that amount in grant funding for projects that will harden the county and improve our resiliencyin the face of an ever-increasing wildfire threat. The scope of work includes definitive tasks and budget amounts plus several tasks that will be on an on- call basis with fiscal impact to be determined. We have added to the"not to exceed amount" for these tasks so that we won't need another contract amendment down the road. FISCAL IMPACT: The additional contract amount of$125.000 will he funded using Title III or General Fund—Non- departmental funds. A supplemental appropriation will be submitted to the contract amount. RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 2 to the PSA with SWCA. REVIEWED BY: U c L1J.J Mark McCauley. County Administrator Date CONTRACT REVIEW FORM CiewF 1 INSTRUCTIONS ARE ON THE NEXT PAGE! CONTRACT V4 I 1 I I: ;iv,(" C;onscaLints ontrtrt for- CWPP imoierrentation Assistance Ten- One year from eiecut,,, COt N11 I)FI'tRItIF.v1.k„n1,"4-,04x Contact Person: Mait McCiwori oataet Phone: 3@5 130 Contact mot V"I : Not tr.e w $125 000 adtt=nm,at PROF 54: F'xemizt Pruitt Rid Process Re%cnue A uutxrati%c Purchase I .tptnditurc t4r Competitive Seated [aid GI<rt hin. ( .tuts Rcyuired: N A SmaII tt ork. Ru lrr Nottry,:u•) `\Litihing funds NSA Vendor 11st Bid fund , 270:-,r 147 REP or REQ NIuws t)r4 Ot,t •t/ Other Ain rx rr erg; — APPROVALSIEPS: s I)E PART%II:N I (:FRTIFIF:S("O14 IA'( F%% TIj.IC" ; tisi= ANDCH tPITR 3 lt_ R( . C 3 CERTIFIED: l— I 'A:E rdi t 7K// ia u=-. 17att I l I' 2 1 F I'kR I vII S1 t FR 1 11 Ifs THE PFRSOS PKOPOsFI) FOR C OyTK.4CTI%(, WITH THE t)1 1 1 tt oN I I tt12: EN DFKkRKEI) RN \Nti FEDERAL. STA-IF. OR 1.O( At, AGE\t 1. CFRTIFtE'I): Lt r L 74/4/1`'2Y r 3tt tt,i, S'rFP 3: Risk BIAS At \IF S I RF ' F tt twill he added eleetronicalh thcpu h Laserfiehet: Is I F.I'4: PROSE( t HNC ATTORNEY REVIEW(will tx added electronic All, through I ti.erfichet: sift' S: DI I RIt1F.SI t1lkFS REVISION. .l RF t f;rllI " 141 )(His ItNACF''1t 1 %so PROst:( UT15(: tTIOKSF1tIF RFQ1 IRF1)). 51-FPh: ( ONIR %,t I OR %I(\' S I I t' • St 11t111 to ROC(' FOR -t1'I'140t tl Electronically approved by Risk Ele@g= 3bt.` Q2t 'form by PAC on 7/412024. Contract amendment. T1 l Amendment No. 1 to the Professional Services Agreement with SWCA Environmental Consultants This Amendment No. 1 to the Agreement is made and entered into h and between Jefferson County and SWCA En ironmental Consultants. herein after known as the -Parties.- WHEREAS. the Parties rtiant to amend the Agreement entered into between them: OW. TNFREFORI.. the Parties agree as fOiloscs: 1. Purpose. The purpose of this Amendment is to add S27.475.30 to the not exceed amount or the Agreement raising it to $194.956.30 and to add additional sersices to the project's scope. 2. .lmendment. a. Scope of Sen ices. Is amended to additional sem ices required to accommodate (its of Port Townsend concerns. These additional services are identified on Exhibit "Al" attached hereto including the provision of all labor. b. The first sentence of 4. Pad ment. a. is amended to read: Pas meat for the work provided by Consultant shall be made as pros ided on Exhibit "A" attached hereto. pros ided that the total amount of pa}meat to the Contractor shall not exceed S194.9 6 30. in accordance with Section R. of Exhibit A. without express ritten modification of the Agreement signed b each parts . No Other Change. All other terms of the Professional Services Agreement between remain unchanged. except as modified in this amendment. SIGNATURES FO1.1.0‘k ON NEXT PACE) 1 II 1-1:Rs()N ( \ I \\ti s!%('A 1:Nt Itt()N‘it \ \ 1)\40 It \\ I ofilm.,;.toncr, yvio4c1.6. A.-4 1' ' K. le 11, 1;r r 1,4:0101.1! nrot 1,vrtott. ( out Pit: t14-Ni;'S Si:. CO, 1 c pi" r - , 4P 4 P Ars*,n I(1).th: ot ppr 1,01. , ,p February 29 2024 kr.uck.:r 2 oocu gn C..nvetope ID 67892884-3376.45CC•(3[)6C-A4 7 86 3 6 14 726 1 V. ORIGINAL i EIIS PROFTSSIONAI. SERVICES AGREEME:\ f (Agreement) is entered into by and between Jefferson County(County)and SWCA Environmental Consultants(Consultant), upon the following terms and conditions. 1. Project Designation. The Consultant is retained by the County to assist the County with Economic Development. 2. Scope of Services. Consultant agrees to perform the services identified on Exhibit"A" attached hereto including the pros ision of all labor. 1 Time for Performance. This Agreement shall commence April 18.2023 and continue until work is done. Work performed consistent with this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified. The Consultant shall perform all services pursuant to this Agreement as outlined on Exhibit "A". lime is of the essence in the pertOrmance of this Agreement. 4. Payment, The Consultant shall be paid by Jefferson County for completed work and for. services rendered under this Agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit"A" attached hereto, provided that the total amount of payment to Consultant shall not exceed S167,481, in accordance with Section B. of Exhibit A. without express written modification of the Agreement signed by each Party. b. Invoices must be submitted by the 15th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof. payment will be made within 30 days to the Consultant in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit 13 of the Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Consultant of the total contract price earnedwillbemadepromptlyoncetheCountyverifiescompletionoftheworkand submittal of reports under this Agreement and acceptance by the County. d. Consultant shall provide invoices and necessary backup documentation for all services including timesheets and statements(specify ig the services pros ided). Any indirect charges require the submittal of an indirect cost methodology and rate usine. 2 C.F.R. Part 255 and 2 C.F.R. Part 230. I he Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payment.. Copies shall he made available upon request. ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications. and other materials produced by the Consultant in connection DocuSIgn Envelope ID 676928843376-45CC-BD6C-A47863B14726 with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Consultant shall not be held liable for reuse of documents or modifications thereof, including electronic data, by the County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state,and local laws, ordinances and regulations,applicable to the services to be rendered under this Agreement. 7. Audit. Upon request,Consultant will submit their most recent financial information. a. Upon request the County shall have the option of performing an onsite review of all records, statements, and documentation. h. If the County finds indications of potential non-compliance during the monitoring process,the County shall notify Consultant within ten (10)days. The County and Consultant shall meet to discuss areas of contention in an attempt to resolve issues. 8. Indemnification. The Consultant shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts,errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the County, its officers, officials, employees, agents and volunteers(and their marital communities)the Consultant's liability, including the duty and cost to defend, shall be only for the Consultant's negligence. It is further specifically understood that the indemnification provided constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 9. Insurance. Prior to commencing work,the Consultant shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than 500,000 each occurrence with the County named as an additional insured in 2 DocuSign Envelope I0:67692884-3376-45CC-BD6C-A47883B14726 connection with the Consultant's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000)per occurrence and an aggregate of not less than two (2)times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death and property damage,unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability— including coverage for products and completed operations; iv. Premises—Operations Liability (M&C); v. Independent Consultants and subcontractors; vi. Blanket Contractual Liability. c. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. d. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. e. The Consultant shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b)The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and their elected officials, officers,and employees; and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty(30)days prior written notice to the County. If the proof of insurance or certificate indicating the County are"additional insureds"to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement,then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. f. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under the Agreement, nor shall the 3 OocuSign Envelope ID 87692884-3378-45CC-BD6C-A47863B14726 insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. g. The Consultant's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. h. 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. i. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. j. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. k. Insurance companies issuing the Consultant's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. I. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until the Consultant shall furnish additional security covering such judgment as may be determined by the County. m. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. n. The County may, upon the Consultant's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. o. The Consultant'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. 4 DocuSign Envelope ID.67692884-337645CC-BD6C.-A47863B14726 p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees,or agents. q. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. r. The Consultant 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 he subject to all the requirements stated herein. s. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. t. The Consultant shall maintain all required insurance policies in force from the time services commence until services arc completed. Certificates, insurance policies,and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30)days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County. u. The Consultant shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. v. The County reserve the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Worker's Compensation (Industrial Insurance). a. If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners,owners or shareholders of the Consultant,the Consultant shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to the County, upon request. b. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws.This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. 5 DocuSign Envelope ID 67692884-3376-45CC-806C-A47863B14726 d. The Consultant expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act,or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection,all cost and fees shall be recoverable from the Consultant. l 1. Independent Consultant. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. he Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including,but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits;or any other rights or privileges afforded to County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant,or any employee of Consultant. 12. Subcontracting Requirements. a. The Consultant is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Consultant assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. The Consultant 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 County must approve any proposed subcontractors in writing. c. Any dispute arising between the Consultant 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 Consultant's performance required by this Agreement. 13. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts,or any other 6 OocuSign Envelope ID 67692884-3376-45CC-806C-A47863814726 consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration,or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion,creed, age, gender, sexual orientation,material status, sex,or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15.No Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time without cause by giving ten (10) days written notice to the Consultant. Consultant may terminate this Agreement at any time without cause by giving(10)days written notice to the County. b. The County shall give the Consultant written notice and a reasonable opportunity to cure before this Agreement is terminated for cause. c. In the event of the death of a member, partner,or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. d. The County reserves the right to terminate this contract in whole or in part, with 10 days' notice, in the event that expected or actual funding from any funding source is withdrawn, reduced,or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. 18.Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the Parties shall be sent to the following addresses: 7 DocuSign Envelope 1D 67892884-3376 45CC-B06C-A47863614726 Jefferson County Risk Manager P.O. Box 1220 Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Name: SWCA Environmental Consultants Address: 1800 NW Upshur St, Ste. 100, Portland,OR 97209 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties,covenants,and agreements contained in its proposal, and the supporting material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this.Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 21. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County representative listed in Section 18.,whose joint decision in the matter shall be final, but shall be subject to judicial review. If either party deems it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attomey's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The Parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the respective Superior Courts in accordance with the laws of the State of Washington.The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict,affect,or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of,a breach by either party,whether express or implied,shall constitute a consent to,waiver of,or excuse of any other,different, or subsequent breach by either party. 8 DocuSign Envelope ID 67892884-3378-45CC-BD6C-A47883B14726 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party,and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not he affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs,and assigns. 27. No Assignment. The Consultant shall not sell,assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28.No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean,that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Consultant agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Consultant further agrees that upon receipt of any written public record request, Consultant shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. SIGNATURES FOLLOW ON TILE NEXT PAGE) 9 u S qr,:^4eiove'I") 6789248433 76 415C C.:.tiOtv::-A4 786384.1-. JEFFERSON COUNTY WASHINGTON SWCA Environmental Consultants Board of Countycommissioners Jeffersonc County,Washington 1. By,,) l Nk t l/Z3 By:..;,/t 11W1, A bib1 i 4-,—CotglIrotherton,Chair Date SWCA tnvironrnental Consultants Lr/.'ll'i '.,262.g By i 12\f- --".*-'` 5 il A 3 Date G. i Kate Dean, Commissioner Date By ../ i 5, / / i k, L.-- — i li Heidi Eisentlour, Cornmissiorer Date 0001411.10pipftog SEAL. ATTEST 4•••I/- ra kt(c, „ 64.(ii LA, i ;/ / z. Ca,o,yr Getaway Date i....400*' Clerk of the Board Approved as.to form only s. , f a. April 28 20; Pn,1•0 C. Hunsacker Date Cn,et Civo Deputy Prosecuting Attorney DocuSign Envelope ID.67892884-3376-45CC-808C-A47863814728 EXHIBIT A The following has been copied from an RFP response submitted to the County on March 10, 2023 as an application for this work. PROJECT APPROACH AND METHODOLOGY A. PROJECT UNDERSTANDING The SWCA Environmental Consultants(SWCA)Team will work with Jefferson County to understand the County's needs and adapt and finalize the approach for the countywide Community Wildfire Protection Plan (CWPP). Our project understanding and approach will meet the County's top priorities, goals,and objectives while also accounting for uniqueconditionsandlandusedifferencesbetweenvariouslandmanagemententities. SWCA has used our professional experience and judgement to craft a scope of work that will align withguidelinesforCWPPssetforthinthe2003HealthyForestsRestorationAct. We propose todeveloponecountywidedocumentthatprovidesassessmentsforthecommunitiesidentified intherequestforproposals (RFP). We have proposed tasks within the Phase structure outlined intheREP. This scope deviates from the scope outlined in the RFP;however,we are confident that our almost two decades of experience developing CWPPs across the country will result in a technical and digestible high-quality CWPP that is backed by rigorous science, community engagement, and diverse collaboration. While we are engaged on other projects, we are managing our workload accordingly and have the staff necessary to meet the needs of this project. B. PROJECT METHODOLOGY AND DELIVERABLES PHASE 1: DISCOVERY Task 1. Kick-off Meeting and Identify Advisory Group Membership SWCA will convene a virtual project kick-off meeting with the County lasting up to one (I) hour. The purpose of this meeting is to introduce the SWCA Team, collaboratively identify the project's County-wide Wildfire Advisory Working Group ("Advisory Group"), discuss the strategic planning process and Jefferson County Board of Commissioners("Board")objectives, outline the roles and responsibilities for the project, and establish a preliminary schedule. SWCA will schedule and host the meeting, develop a PowerPoint, invite attendees,and take notes. SWCA will deliver the final work plan and project schedule within 14 business days of the meeting. Developing strategic partnerships early in the project will also enable involved parties to effectively implement and collaborate on cooperative land management projects withinCountylandsoncetheCWPPisadopted. With land managers in the County spanning local,state, and federal jurisdictions,working together to understand each other's needs and barriersopensopportunitiesforcooperativeplanningaccomplishments. Key partnerships and jurisdictional overlap can be identified, which will aid in effectively implementing futureprojects. Examples of beneficial outcomes brought forth by effective partnerships are theacquisitionofstrategicfunds,assistance in the implementation of landscape-scale treatments, and guidance to complete resource-intensive management objectives. 1I DocuSign Er.velope ID 67692884-3376-45CC-BD6C-A47863814726 SWCA will work closely with County representatives to identify additional members of the Advisory Group. In addition to representatives from the City of Port Townsend,Jefferson County,Jefferson County Fire Districts,and the County Forestry consultant, SWCA recommends a diverse and collaborative team with representatives from the following communities: Bridgehaven, Brinnon, Cape George, Chimacum, Discovery Bay, Irondale, Kala Point, Marrowstone, Port Hadlock, Port Ludlow, and Quilcene. We recognize the County's preference for collaborative engagement and will leverage a diverse Advisory Group to constructaCWPPthataddressestheneedsofcommunitiesandindividualsacrosstheCounty. Care will be taken to manage the size of the Advisory Group for the sake of efficiency and maintaining strong working ties. The Advisory Group will be responsible for contributing necessary data, reviewing SWCA's risk assessment, and developing project recommendations. An Excel spreadsheet documenting items reviewed will also be prepared to inform the Advisory Group of our progress. The Advisory Group meetings are discussed in more detail under Phase 2 below. Task la.Conduct Stakeholder Interviews Per Advisory Group guidance,SWCA will conduct four separate 30-minute-long virtual interviews with stakeholders and decision makers representing leadership in the project area who may include the Board, county staff, local government chief executives,and the Department of Emergency Management. The interviews will help identify potential partners or collaboration opportunities,as well as project needs and mitigation strategies. Additionally, stakeholder groups such as local conservation districts, watershed groups, land trusts, and other land management agencies will have the opportunity to engage with the planning process through communications with Advisory Group representatives,public outreach, a comment period,and web surveys. Task 2. Data Gathering and Management SWCA will work with the Advisory Group to gather relevant data for the CWPP. SWCA will prepare a broad planning summary of Jefferson County's past and current wildfire preparednessandmitigationstrategiesthatwillsupportthedevelopmentoftheCWPPandhelpinform recommendations. SWCA will complete a search of previous planning efforts such as the Jefferson County 2016 Hazard Mitigation Plan to reduce redundancies and support CWPP authorship. Existing mapping services such as Washington State's Fire Prevention and FuelManagementMappingSystem, Forest Practices Application Mapping Tool (FPAMT), and the U.S. Forest Service's(USFS's) Wildfire Risk to Communities mapping website will be reviewed for pertinent information and data. SWCA will use a combination of ESRI software andMicrosoftOfficeSuiteapplicationstocompileandorganizedatatoensurethattheCounty can edit and comment on all data sets and products. If the County has specific recommendations for additional tools,those will be incorporated into our data gathering process. To facilitate easy file transfers, SWCA will establish a project SharePoint site to share research data,the initial draft CWPP outline,and other requested project components from the Advisory Group. SWCA will ensure industry standards are met for documenting methods and results of all analysis and technical work so that results are reproducible. 12 DocuSign Envelope ID 87692884-3376-45CC-BD6C-A47863814728 PHASE 2: MEET AND RETREAT Task 4. Host Advisory Group Meetings SWCA has led and facilitated hundreds of multi-stakeholder meetings to guide the development of CWPPs. We prepare for each meeting by reviewing related data and information,consider the best way to frame important issues for group discussions, and describe how the steps of the planning process can move the County forward in achieving their goals. In our meetings,we strive to communicate clearly,engage in open discussions,and then ask the members of the Advisory Group to make meaningful decisions.This approach allows each team member to understand their role, how their unique concerns will be addressed, and how this project is driven by them. SWCA will also facilitate three Advisory Group meetings through several stages of the project development process, with two being held virtually and one taking place in person. If it is decided that holding all meetings virtually will allow for the best use of project funds, that option can be accommodated while still meeting project objectives. The Advisory Group meetings will range from approximately 2 to 6 hours in length and will provide the Advisory Group with updates on critical project components and opportunities to discuss relevant considerations. SWCA will be responsible for meeting coordination and scheduling,creating PowerPoints, providing agendas, recording meeting transcripts,taking meeting notes,and distributing notes and action items within I week after the meetings. Advisory Group Meeting I (Virtual): During the first Advisory Group meeting, SWCA will provide an overview of initial lessons learned and recommendations based on our review of previous efforts, existing plans,and survey results. The purpose of this meeting is to identify planning considerations, management objectives,priority project areas, and desired focus areas for mitigation treatment recommendations. Prior to the meeting, SWCA will administer a survey to Advisory Group members to gather input on the valuable landscapes and resources that are at risk within the planning area. Results from the survey will be used to guide the meeting discussion. Success for this first meeting will be achieved though collaborative discussion regarding the project schedule and goals,compiling public engagement strategies, fluid data sharing, and continued communication beyond scheduled meetings. Advisory Group Meeting 2(In-person): The purpose of Advisory Group Meeting 2 is to review the risk analysis and develop risk reduction recommendations in a workshop setting. Using this risk assessment, SWCA will facilitate a process to identify areas of focus within the County, both immediate and those of potential concern over time. Once these areas have been determined, SWCA will work collaboratively with the Advisory Group to establish mitigation recommendations that will best address the identified challenges and opportunities. To help direct conversations,the project methodology will be outlined and described in a detailed manner with the goal of maximizing project comprehension across varying levels of technical experience and specialization within the Advisory Group. Maps, flipcharts, and blank recommendation tables will also be available as resources for Advisory Group members. Advisory Group Meeting 3 (Virtual): The purpose of Advisory Group Meeting 3 is to discuss the draft CWPP and allow the Advisory Group to provide feedback. SWCA will distribute a draft of 13 OocuSign Envelope ID 676 9 2884-33 76-4 5CC-EID6C-A4 786381 4 7 26 the CWPP 2 weeks prior to the meeting to allow time for review and comment. The meeting will be convened to review and discuss suggestions or comments on the CWPP in a group setting. SWCA will document the Advisory Group's final comments and will incorporate any changes to the CWPP prior to public review. Task 3. Establish Community Base Maps In collaboration with the Advisory Group, SWCA will establish community base maps for the CWPP. The maps will present information that includes population centers and jurisdictional boundaries,highly valued natural,cultural, and socioeconomic resources and assets, ingress and egress routes, land ownership boundaries,critical infrastructure, fire history,and previous fuels treatments. Notably, SWCA,with input from the Advisory Group,will also delineate community Wildland Urban Interface (WUI)boundaries to inform project prioritization determinations. All CWPP map products will be built in an ESRI web mapping application for easy dissemination to the County and all Advisory Group members. Task 4a. Host Public Engagement Meetings SWCA suggests hosting four(4) in-person public outreach events (with a virtual option)that are designed to incorporate residents' perceptions about wildfire risk and mitigation efforts into the planning process. SWCA is experienced in presenting highly technical material in a manner that is digestible to a diverse audience. Any of these public engagement meetings will have the option of being held remotely if it is decided to be the best use of resources, with in-person meetings lasting up to 2 hours and virtual meetings lasting up to 1 hour. These meetings will be held regionally,with one for North Jefferson County (Port Townsend),one for Tri Area(Port Hadlock, Irondale, Chimacum),one for South County(Quilcene, Brinnon, etc.), and one for Port Ludlow. For all meetings, SWCA will develop agendas, establish Zoom or other virtual log-in links(if virtual),and develop marketing materials, PowerPoint presentations,maps, and interactive content to engage community members in discussions around wildfire planning. For the scheduled in-person events, SWCA will work with the County during contracting to determine the best format given the circumstances and resources available. SWCA assumes the County will secure meeting venues. SWCA will develop a variety of printed marketing materials like maps, sign-in sheets, comment forms,and posters. In-person events will be open-house style where SWCA subject matter experts and Advisory Group members will be dispersed throughout the space to interact with attendees. Stations for each of the three core principles outlined in the National Cohesive Wildland Fire Management Strategy (resilient landscapes, fire-adapted communities,and safe and effective wildfire response)will be set up to guide conversations. To maximize community attendance, al! four of the public engagement meetings will be held outside of normal working hours(e.g., after 4:00 p.m.),and if requested by the County (for an additional fee), SWCA will translate meeting materials into Spanish to enhance engagement across demographics. SWCA will advise the County on strategies for promoting the meetings and provide material to distribute through the mediums they see fit and know to be popular with 14 DocuSign Envelope ID:67692884-3376-45CC-1308C•A47883814726 residents. The Advisory Group and community members will have the option of reviewing and commenting on CWPP documents during the draft review period.These options allow community members who are not able to attend the public meetings to review project information, provide comments, and ask questions. Any questions or comments received during the review period will be reviewed and incorporated into the final plan if possible. PHASE 3: DOCUMENT AND REVIEW Task 5. Develop a Community Risk Assessment A significant component of the CWPP will be the development of a digital and written community risk assessment. SWCA recognizes the Board's desire to complete the risk assessment process by the end of the summer and will work closely with the Advisory Group to identify high-priority communities that will be the initial focus of the Community Risk Assessment and/or on-the-ground structure assessments. SWCA proposes an optional addition to the community risk assessment consisting of on-the-ground structure and infrastructure risk assessments(see optional Task 5B). SWCA will conduct a preliminary desktop analysis of the County to identify wildfire risks and hazards for the purpose of identifying high-priority communities that would benefit from an on-the-ground risk assessment. Upon Advisory Group approval, on-the-ground risk assessments will be completed on a community scale, during the same week as Advisory Group meeting 2, in the interest of saving on travel and lodging costs. The community risk assessment will use existing local planning data(see Task 2) and externally sought spatial data (see Task 3) to create a comprehensive Jefferson County community risk assessment. The process will culminate in the assessment being used to identify and assign risk categories (e.g., high, medium, and low)to landscapes and Will communities based on expected wildfire risk. This process is unique to wildfire risk assessments and along with Tasks 2 and 6 will cover items addressed in a traditional Strengths, Weaknesses,Opportunities, and Threats SWOT) analysis. The primary components of this risk assessment will be fuel hazards and fire behavior, fire history and ignition,and infrastructure. Methodologies will be documented in detail and are described below. Determine Wildfire Fuels Hazards and Model Fire Behavior Fo inform our risk assessment, baseline fuels data(the 40 Scott and Burgan Fire Behavior Fuel Model) will be obtained from the most recent national LANDFIRE database. If needed, additional data may be obtained from the Washington Department of Natural Resources Geographic Information System (GIS), Jefferson County's GIS, and the USFS's Wildfire Risk to Communities database. Accurate assessment of potential fire behavior will be achieved using fire behavior models housed within the Interagency Fuel Treatment Decision Support System IFTDSS) (e.g., BehavePlus, FARSITE, and FlamMap)that help determine the magnitude of tire behavior parameters--flame length,rate of spread, fireline intensity, landscape bum probability, ember exposure,and crown fire potential—across landscapes. Additional spatial data from the USFS's Wildfire Risk to Communities,such as vulnerable populations and burn probability, will be integrated as necessary. We will also be conducting a review of Washington State's Fire Prevention and Fuel Management Mapping System for data to be included in the analysis. Our risk assessment will include an analysis of the fuels within the project area as well as a fire I5 DocuSign Envelope ID:67692884-3378-45CC-BD8C-A47863B14726 behavior model derived from IFTDSS using a 97th percentile weather scenario for the purpose of simulating extreme fire weather conditions. Before model results are finalized, outputs will be calibrated and reviewed through discussions with the Advisory Group to ensure that results account for local fuels, topography, and fire history conditions. Assess Fire History and Ignition Risk SWCA is aware of recent fires in Jefferson County, including the 2015 Paradise Fire, and will provide a detailed analysis of the area's fire history and assess future ignition risk. This will include a discussion of the County's historic fire regime. SWCA will also utilize the IFTDSS burn probability function to determine the potential for ignition and wildfire spread across landscapes within the County. Parameters such as location,topography, ignition source, size, fuel, and severity of past wildfires will be incorporated into our analysis,and our modeling procedure will produce a composite wildfire assessment that rates land as having a high, medium, or low risk of wildfire. The assessment will be used to prioritize areas for treatment recommendations. Firefighting Capability and Wildfire Readiness The CWPP will include an analysis of existing firefighting capability and the fire protection district's current preparedness to respond to wildfires. We will provide recommendations for improving firefighting capability and wildfire readiness through the development of the CWPP. Our team will encourage the Advisory Group to provide input on local wildfire preparedness for the purpose of identifying vulnerable areas that require solutions and priorities for action.The final CWPP will support future funding and grant efforts for firefighting operations across the County. Assessment of Other Community Values at Risk Our team will encourage community involvement through the public outreach process to develop a list of community values at risk within or adjacent to the WUI within the County, including natural resources such as Olympic National Park and the County's four Water Resource Inventory Areas. SWCA realizes the value of Jefferson County's natural resources and the revenue that is generated from tourism around the natural environment. Thus, we will identify and document these economically important recreation and cultural resources that are valued by the communities and analyze wildfire impacts on the County's natural resources such as forests, rangelands,aquatic resources,and watersheds,as well as impacts on critical wildlife habitat, recreational sites, places of cultural or historical significance,critical infrastructure,and residential properties in the WUI. These will be prioritized when formulating treatment recommendations, and SWCA will consult with federal and state land management agencies throughout this process. Task 5a (Optional) On-the-Ground Structural Hazard Assessments SWCA recognizes the County's limited resources and will work with the Advisory Group to evaluate the need for on-the-ground hazard assessments in high-priority communities. Results 16 DocuSign Envelope ID:67692884-3376-45CC-8D6C-A47663B14726 from these assessments typically reveal important information about ingress-egress,building construction,defensible space,and fire response access that cannot he determined from a desktop analysis. If chosen,the assessments will be a primary driver of identifying high-priority community mitigation measures. If needed, we will use the 2013 National Fire Protection Association 1144 Standards for Reducing Structure Ignition Hazards from Wildland Fire(1144 on-the-ground assessment). Using our collaboratively delineated WUI map,the assessment will evaluate various factors related to wildfire risk in structural environments, including construction materials,defensible space,fuels, proximity to organized fire response, ingress and egress routes, and topography. Our team will use a digital form and web application using Survey 123 and ESRI Field Maps to survey,capture,and document wildfire hazards across the decided-upon study areas. SWCA has used this technology in ecosystems and communities across Colorado,Alaska, and California to accurately collect,analyze, and report on field data for CWPP projects. All field data will be shared with the County upon completion of the project. Task 6 Develop Mitigation Strategies and Actions SWCA and the Advisory Group will engage in collaborative discussions around the modeled risk-hazard analysis and (if opted for) 1144 on-the-ground assessment data to delineate potential landscape-scale fuel treatment areas and communities/essential infrastructure in need of structural ignitibility treatments. SWCA firmly believes in responding to identified risks with the development of achievable,actionable,and realistic wildfire prevention measures that can be acted on by all County community members to prevent devastating local wildfires. Therefore. our conversations will culminate in the production of an action plan, the heart of which will be a breakdown of fire mitigation solutions and the stakeholders who are responsible for implementing them. Prior to drafting the recommendations, SWCA will review and assess existing mitigation measures in the planning area and use those as a starting point for Advisory Group conversations. The recommendations will include manual, mechanical,and cultural treatment projects thinning, grazing,ditch maintenance, mowing,prescribed fire,prescribed herbivory,etc.) in forested and grassland ecosystems throughout the County,high-level recommendations for necessary building code updates(see below),and homeowner-scale wildfire mitigation recommendations. The plan will also provide strategies for increasing community wildfire preparedness engagement by involving neighbors, homeowner associations, and the public, as well as expected timelines and costs for task completion,task priority, methodologies and theories behind approaches,and contact information for useful resources. SWCA will work closely with the Advisory Group to build into the plan appropriate funding sources for each recommendation such as state and federal grants, an example being the Building Resilient Infrastructure and Communities (BRIC) grant available through the Federal Emergency Management Agency and the Community Wildfire Defense Grants (CWDGs) available through the USFS. To facilitate the CWPP's integration with national fire policy and funding sources and ensure Washington State Forester approval,the action plan will align recommended mitigation tasks with the following three main goals of the National Cohesive Wildland Fire Management Strategy: I7 DocuSign Envelope ID:67892884-3378-45CC-BO6C-A47863B14726 I. Resilient Landscapes: The action plan will focus on recommendations for hazardous fuels reduction actions to reduce landscape-scale wildfire threats. Recommendations will include priorities,types,and methods of treatment on public and private land to protect forests, communities, and infrastructure. 2. Fire-Adapted Communities: The action plan will focus on recommendations for actions to prevent structural ignitability(e.g.,defensible space)and provide public education and outreach. This could include recommendations on wildfire mitigation policies and standards, protecting highly valued resources and assets, and fostering strategic coordination. 3. Safe and Effective Wildfire Response: The action plan will focus on recommendations that address firefighting capability and wildfire readiness in all communities, including possibilities for improving emergency egress, response access, and emergency evacuation systems. Recommendations for Building Code Updates SWCA will be partnering with Justice Jones and Jerry McAdams,who will be working as trusted subconsultants during the CWPP drafting process. Mr. Jones and Mr. McAdams will be providing their decades of expertise in structural and wildland fire to help guide the County inrecommendationsforfutureadoptionofbuildingcodestoaddressstructuralignitabilityand home hardening. Both Mr. Jones and Mr. McAdams have consulted with counties and municipalities on the appropriate use of building codes to guide the mitigation of wildfire-related losses and will bring this experience to bear in the development of the CWPP. PHASE 4: APPROVE AND LAUNCH Task 7. Draft CWPP On route to preparing a comprehensive draft CWPP in accordance with the project schedule Table 3), if requested, SWCA will provide the Advisory Group with a draft outline of the CWPP for one round of revisions by the Advisory Group. Additionally,the draft recommendation matrices(see Task 6) will be provided within 4 weeks of the second Advisory Group meeting for one round of revisions by the Advisory Group. The completed draft CWPP will include project background,methods, results(risk assessment and Action Plan), and reference components and will be submitted electronically to the Advisory Group 2 weeks before the third Advisory Group meeting. This will trigger a review and comment period for Advisory Group members. SWCA will then facilitate Advisory Group meeting 3 to present the revised draft CWPP and discuss revisions. The public will also be invited to provide written comments on the draft document during a public review period following the third Advisory Group meeting. Task 8. Final Draft Delivery Following the draft review, SWCA will incorporate appropriate feedback into the final CWPP. Following revisions, SWCA will then deliver a final electronic CWPP to the County and present findings to the Board of County Commissioners. We will also deliver all GIS files used to create maps, formatted for use in ESRI software suite. SWCA has experience presenting CWPP project information to councils and other elected officials both virtually and in person. We use our 18 DocuSign Envelope ID'87692884-3376-45CC-BD6C-A47883B14726 communication skills and technical knowledge to concisely give project background information, identify goals and objectives, and gain buy-in from diverse audiences. We encourage the following entities to attend the presentation: Advisory Group members, government partners, community stakeholders, and business leaders. SWCA will present the final draft of the CWPP to the Board for approval. We have outlined the cost of an in-person presentation versus a virtual presentation, so the County can select the option that works best for the Board, while having the option of saving on travel costs. PHASE 5: OPTIONAL TASKS: Task 9. Development of Esri Hub Site, Story Map, and Project Tracker SWCA has substantial experience in developing Esri Interactive story maps for public engagement. Our team will develop an Esri hub site(similar to a wcbsite) and story map that will create a highly functional, easy-to-use interface to tell the story of place and people's values in a way that illustrates data-rich, science-based information. The hub site forms the landing page for the project and provides links to the story map and other important content(e.g., public meeting announcements and the community survey). The story map serves as a place where residents can access project recommendations, interact with baseline mapping and risk assessment information, and seek mitigation measures they can take in and around their properties. Working with the County,the hub site can be integrated into other existing resources for visitors to the County, helping educate and inform nonpermanent residents about hazards and emergency protocols for the area. The hub site deliverable will include SWCA's unique project tracking application that will ensure the CWPP remains sustainable and wildfire mitigation projects proposed in the plan are brought to fruition during plan implementation. The project tracking application will enable the County to track fuel treatment projects and accomplishments as well as identify hurdles to progress. It will provide real-time updates and the ability for multi-agency coordination andcollaborationwellafterthecompletionoftheCWPPproject. Internally (within the County) the tracking system has the potential to host a project database, track funding, provide for improved agency delegation,host spatially delineated working areas, and more. Externally (facing the public), the project tracker provides the ability to display statistics such as acres treated or dollars spent, demonstrating progress towards the goal of wildfire resilience. The story map can be implemented as a platform for collaborative efforts in the event that Advisory Group meetings must be held virtually, and it can also provide interactive information to stakeholders and constituents about the development of the CWPP. The hub site is an excellent platform to notify the public about opportunities for involvement and comment submittal. The story map can host the CWPP for review and house a comment submittal form during public review. Furthermore, links to the hub site and story map can be shared on community and agency websites and social media to maximize circulation. The final story map deliverable will house the fully executed final CWPP and will he delivered following completion of the CWPP project. For a successful story map, SWCA may require that our GIS specialists be provided access to the County ArcGIS online account and that the story map will therefore originate from and be I9 DocuSign Envelope ID.67692884-3376-45CC-BD6C-A47863614726 maintained through the County account.Alternatively, SWCA can develop the story map on our ArcGIS online account and transfer the product upon completion of the project. Throughout development, SWCA's GIS team will make the story map available to the County and Advisory Group to review the design, functionality, and content to support the initial roll-out of the web mapping application. Task 10. Evacuation Modeling and Planning SWCA has an existing partnership and license to use evacuation modeling software for robust evacuation planning and modeling with Ladris technologies(Ladris)and proposes an optional task to use this modeling approach. If approved, SWCA will work with the Board and County to determine costs, and evacuation modeling can be implemented as an optional second phase of the project. The SWCA Team will work with Jefferson County Emergency Management to determine the best approach for evacuation planning to support the CWPP. Ladris SWCA has a strong working relationship with Ladris to incorporate evacuations analysis with stakeholder outreach in comprehensive community planning across the United States. Emergency managers, tire departments, law enforcement, and consultants use Ladris to model evacuation times and traffic levels for millions of"what-if"disaster scenarios. By enabling emergency managers to plan more efficiently and in greater detail, Ladris enhances and allows more time for community preparedness and resilience. Evacuation modeling can identify areas of concern, evaluate strategics to reduce evacuation times, assess key infrastructure improvements, prioritize areas needing mitigation. and bring critical awareness and education to the community about real situations where they live. With Ladris, users can dynamically model the impacts of seasonal tourism, population influx, and changes in the number of heavy vehicles, including RVs, on evacuation times and traffic conditions year-round. These assumptions can be modeled down to the individual address level and modified to account for any type of"what-if' scenario that might occur, making Ladris an ideal choice for communities seeking to mitigate hazards associated with tourism during peak disaster seasons. Every community is different,and Ladris' modeling empowers cities and counties to plan for their own unique evacuation situations, educate key stakeholders, and mobilize local communities. Ladris' software facilitates stakeholder outreach via a public-facing component, helping emergency services professionals and leaders mobilize their communities in advance, educate key stakeholders ahead of time, and prepare for the magnitude of real evacuation events. We can work with the County to incorporate Ladris' Operator Evacuations Modeling Platform into our hazard and risk assessment for the planning area. This information can help better inform final map products and prioritize mitigation measures. SWCA would be happy to schedule a demonstration for the County to learn more about the Ladris software and how it could be integrated into the CWPP. 20 DocuSign Envelope ID 67692864-3376-45CC-806C-A47863814726 ASSUMPTIONS Deliverables produced by SWCA under Tasks 1 through 7 will be sent to the Advisory Group for one round of comments. Comments will be incorporated by SWCA, at which point the deliverable will be considered final. The three Advisory Group meetings will be held with the Advisory Group and up to two SWCA attendees. Meetings 1 and 3 will be virtual,and meeting 2 will he in person. The four public engagement events under Task 2 will be held with up to two SWCA attendees. Four public engagement events will be held in person with a virtual option. The duration of the meetings will not exceed 2 hours. In order to meet the aggressive project timeline and to consolidate travel costs, Advisory Group meeting 2,the in-person public engagement meetings, and the optional on-the-ground assessments will need to be completed during one SWCA team mobilization. The County is responsible for reserving spaces to hold public meetings. SWCA will assist in recommending appropriately sized and logistically sound venues. SWCA is responsible for creating promotional material for public meetings, and the Advisory Group is responsible for printing and distributing that material for the public. No major changes will be requested to the format or content of the CWPP after the initial outline has been approved by the Advisory Group. Major changes to the format or content after the Advisory Group outline review has been completed may require additional funds and extend the timeline for final deliverables. Data provided to SWCA during the project will not change once received. In the event of a fire occurring during the project period, SWCA and the County will consult and agree upon any necessary changes to the deliverables, scope,and budget as needed. If changes to the deliverables as a result of a fire are necessary and desired, a scope and budget for the work will he prepared by SWCA at that time. No major changes requiring additional data collection, analysis, or re-analysis will be needed after the community risk assessment(Task 5) has been completed. The Advisory Group will provide one round of comments on the fire behavior models and all mapping products,after which SWCA will incorporate comments and the modeling outputs and maps will be considered final. SWCA assumes that there will be no more than 100 public comments on the draft plan. If more comments are received, budget and schedule changes may be needed. All data requests will be filled within 3 weeks of request. Data received outside this time frame may trigger budget and/or schedule changes. WUI delineations will not change after they are approved by the Advisory Group. Inclement weather, property access, and other external factors will not delay the 1144 on-the- ground assessment. It is assumed the 1144 on-the-ground assessment can be completed in 2 to 3 days. 21 DocuSign Envelope ID:67692884-3378-45CC-BD6C-A47863814726 All deliverables will be in an electronic format, except the outreach event(s)materials and printed materials for Advisory Group meetings.All digital files will be delivered using SWCA's SharePoint software unless otherwise requested by the County. There will be no more than one final presentation.This will be virtually or in person (optional task)at the discretion of the County Board of Commissioners. The County is responsible for gathering all required signatories for the CWPP. This project will be completed upon notice of completion. C. ROLES AND RESPONSIBILITIES SWCA recognizes that the success of this project requires a team that is available,dedicated, and qualified; we make the commitment now to ensure that all project needs are met within the County's budget and schedule. The following organizational chart details the roles and responsibilities for each key team member. Table 1. Roles and Responsibilities Emily Geery,Project Manager Point of contact for Jefferson County Lead all agency/contractor meetings Oversee development of the CWPP and QA/QC of all deliverables Assist Jefferson County review team document approval process Participate in and facilitate meetings with the County, the Wildfire Advisory Working Group, Board of County Commissioners, and key stakeholders Facilitate public involvement engagement Manage schedule and budget Breanna Plucinski,Assistant Project Manager Secondary point of contact for Jefferson County Technical authors and planners Lead task tracking and execution Assist Project Manager in execution of meetings and public engagement Assist with managing schedule and budget 22 DocuSign Envelope ID 87882884-3376-45CC-808C-M7863814726 Victoria Amato,Technical Advisor and QAIQC Ensure the CWPP meets the objectives for the project Design and execute stakeholder interviews QC of all interim and final deliverables to ensure consistency Montiel Ayala,Fire Planner Technical author and planner Liz Hitzfelder, Fire GIS Develop maps and ESRI web mapping application DocuSlgn Envelope la 67692664-3378-45CC-BD6C-A47883B14726 PRICING NARRATIVE To provide the County with the best possible value, and reflecting SWCA's commitment to the environment, we have reduced our standard staff billing rates for Emily Geery and Victoria Amato by 5%,removed our standard communication fee, and reduced our subcontractor markups by 5%. Not only will this provide a price- break for the County, but it also aligns and holds true to one of our founding and core services—climate resilience. Table 1.Pricing Narrative for the Jefferson County CWPP TASK LABOR LABORS EXPENSES$ TOTAL HOURS Project Management and 27 3,752 3865 3,752 Administration Task 1:Kick-Off 52 6,903 6,903 Task 2.Data Gathering 140 17,455 17,455 Task 3.Base Maps 28 3,256 3,256 Task 4a-Advisory Group Meetings 116 15,870 3,945 19,815 Task 4b- Public Meetings/Outreach 88 12,386 690 13,076 Task 5.Risk Assessment-Desktop 40 4,835 4,835 Task 5a. Risk Assessment—On-the- 84 10,495 5,699 16,193 Ground Structural Hazard Assessments(OPTIONAL) Task 6.Recommendations 66 12,000 12,000 Task 7.Draft Document 204 23,452 23,452 Task 8:Final Document and Virtual 100 12,320 12,320 Presentation Task 9:OPTIONAL-Story Map 45 5,640 Task 10:OPTIONAL-Evacuation 64 13,184 13,184 Modeling(SWCA Labor in addition to the Ladris software licensing agreement) Task 11 Ladris Software Agreement 15,600 TOTAL(with all Optional Tasks) 167,481 Task 8a In-Person Presentation of Final CWPP has been removed. The in-person Presentation of Final CWPP to the Board included in the original scope of work has been eliminated. SWCA can make a virtual final presentation of the CWPP to the Board. Or the County may make the final presentation if they prefer. Decision to be made about one month in advance of Board meeting. Task 9 additional information and assumptions. 24 DocuSign Envelope ID 67692884-3376-45CC-BD6C-A47863814726 SWCA will create a basic story map or HUB site to present a concise overview of the project's essential details, but graphical elements will be limited. Task 9 will not include a project tracker. Task 10 additional information and assumptions: 1 coordination meeting with SWCA, Ladris,and County. The County will use the evacuation modeling software to test different scenarios using their Ladris licenses. 1 workshop(up to 2 hours)with SWCA and County to discuss evacuation scenarios using the County's Ladris license. SWCA to develop recommendations to enhance evacuation protocols and hazardous fuels treatments. 1 follow up meeting with SWCA and County to refine the recommendations. SWCA will develop a chapter within the CWPP to address evacuation analysis and planning, not to exceed 15 pages in length. Task 11.. Ladris Software as a Service Agreement The Ladris Software as a Service Agreement will be added to the SWCA contract as an Exhibit. As part of the SWCA contract, Jefferson County will enter into this agreement with Ladris under the terms stated in exhibit B. Fees due under the Terms of Service set forth in Exhibit B will be paid by SWCA per terms of an agreement between SWCA and Ladris. The Ladris Software as a Service agreement will terminate at the same time as the SWCA contract ends or up to 12 months from the start date of the project. The fees for the Ladris Software as a Service Agreement will be included in the first invoice. Project Schedule: The project will be completed within 12 months of the start date. 25 DocuSign Envelope ID 87892884-3376-45CC-B08C-A47863814726 EXHIBIT B SAAS AGREEMENT FOR CLOUD BASED SERVICES ENTERPRISE VERSION) This Software as a Service Agreement(the "Agreement"), is between Ladris Technologies, Inc., a California Corporation ("Ladris")with offices located at 10090 Stable Lane,Nevada City, California 95959 and Jefferson County WA ("Customer"),with offices located at Ladris and Customer(each a"Party"and collectively, the"Parties") hereby agree, as of the Effective Date, as follows: Initial Definitons Section 1.01 Selected Terms Effective Date means:Initial Term means: one year Prior NDA means:N/A The business contact for Ladris is: The business contact for the Customer is: Attn: Customer Service Attn: Title: Ladris Technologies, Inc. Title: Address: 10090 Stable Lane Address: Nevada City, CA 95959 Tel.: -1 (888) 985-0031 Tel.: Fax: Email: service@ladris.com Email: Section 1.02 Additional Defined Terms. Access Credentials" means any user name, password, license or security key, security token,or other method, technology or device used, alone or in combination, to authenticate and authorize access to and use of the Cloud Services. Affiliate"means, with respect to any corporate entity, a company controlled by, controlling, or under common control of a parent entity. 26 DocuSign Envelope ID:67692884-3376-45CC-8D6C-M7863814728 Authorized User" means an employee of Customer authorized to use the Cloud Services pursuant to Error! Reference source not found.and the other terms and conditions of this A greement. Independent contractors of Customer may also be Authorized Users to the extent, and while, such independent contractors are engaged in the business of Customer. Cloud Services" means the Ladris Operator for wildfire evacuation modeling as made available to Customer on a software as a service model and all new versions, updates,revisions, improvements and modifications of the foregoing, that Ladris uses to provide remote access to and use of the Cloud Services. Contract Year" means the period of twelve(12)consecutive months during the Initial Term of this Agreement,commencing on the Effective Date,and with, with respect to any contract renewal,each subsequent period of twelve (12)consecutive months commencing on the anniversary of the Effective Date. Covered Region" shall mean the jurisdictional boundaries of the Customer plus a buffer of an additional 10 miles beyond such boundaries. The definition of Covered Region may be modified by Attachment I on Fees, Charges and Payments. Customer Data" means information,data, images, video and other content, regardless of form or medium, that is collected,downloaded or otherwise received from Customer or an Authorized User for processing by the Cloud Services, but does not include metadata derived from Customer usage. Customer Systems" means the Customer's information technology infrastructure, including computers, software, hardware,databases,electronic systems(including database management systems) and networks operated by Customer. Documentation" means any manuals, instructions or other documents or materials in any medium, as updated from time to time,that the Ladris provides or makes available to Customer. Harmful Code" means any software, hardware or other technology, including any virus, worm, malware or other malicious computer code,the purpose or effect of which is to (a) permit unauthorized access to, or to destroy,disrupt,or otherwise harm or impede in any manner any (i) computer, software, firmware,hardware, system or network or(ii)any application or function of any of the foregoing or the security, integrity,confidentiality or use of any data processed thereby,or(b) prevent a customer or end user from accessing or using the Cloud Services as intended by this Agreement. Intellectual Property Rights" means any and all patent, copyright, trademark,trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection,in any part of the world including any such intellectual property rights which come into existence following the Effective Date of this Agreement. Ladris Data"means (i) all data and information provided by the Cloud Services that is proprietary to Ladris or its licensors,(ii) all metadata captured by the Cloud Services, including time and duration of simulations,parameters set by Customer in running simulations,and frequency of use, and (iii) all Resultant Data. 27 DocuSIgn Envelope ID 67892884-3376-45CC-BD6C-A47883B14726 Ladris Materials" means the Specifications, Documentation and any and all other information, data, documents, materials and other content, devices, methods,processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided to Customer or used by Ladris or any Subcontractor in connection with the Cloud Services or Ladris Systems. For the avoidance of doubt, Ladris Materials include Ladris Data and Resultant Data, but do not include Third Party Materials or Customer Data. Ladris Personnel" means all individuals involved in the performance of Cloud Services as employees, agents or independent contractors of Ladris or any Subcontractor. Ladris Systems" means the information technology infrastructure used by or on behalf of Ladris to operate, maintain and make available the Cloud Services, including all computers, software, hardware, databases, electronic systems (including database management systems)and networks, whether operated directly by Ladris or through the use of Subcontractors. Law" means any statute, law,ordinance, regulation, rule,code, order, constitution,treaty, common law,judgment,decree or other requirement of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction. Losses" means any and all losses,damages, or other liabilities,awarded in a final judgment, including interest, awards, penalties, fines, costs and expenses,as well as reasonable attorneys' fees; provided, however,that losses shall not include(i)any amounts resulting from loss of property, loss of services,personal injury, or death resulting from an evacuation or wildfire,or ii) loss resulting from any other hazardous activity. Open Source Program(s)" means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software,documentation or other material that is distributed as free software,open source software (e.g., Linux)or similar licensing or distribution models. Person" means an individual, corporation, partnership,joint venture, limited liability entity, governmental authority, unincorporated organization,trust,association or other entity. Representatives" means, with respect to a Party, that Party's and its Affiliates'employees, officers,directors, consultants and legal advisors. Resultant Data" means information, data and other content that is derived by or through the Cloud Services from Processing Customer Data and is sufficiently different from such Customer Data that such Customer Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further processing of such information,data or content. Resultant Data includes hut is not limited to information, data or other content derived from Ladris' analysis of Customer's access of the Cloud Services Specifications" means the published technical description for the Cloud Services or Documentation. 28 DocuSign Envelope ID:67692884-3376-45CC-BD6C-A47863814728 Third Party Materials" means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications,APIs,products, equipment or components of or relating to the Cloud Services that are not proprietary to Ladris or its licensors. ARTICLE II.CLOUD SERVICES. Section 2.01 Cloud Services. During the Term of this Agreement(set forth in Article X), Ladris shall provide to Customer, and their Authorized Users access to the Cloud Services in substantial conformity with the Specifications. This right to use shall be non-exclusive and modeling with respect to evacuations shall extend to the Covered Region only. The Cloud Services shall be provided 24 hours per day, seven days per week every day of the year,except as provided in Article 5 (Service Levels and Service Credits.) Section 2.02 Cloud Services and System Control. Except as otherwise expressly provided in this Agreement,as between the parties: a) the Cloud Services, Ladris Materials and Ladris Systems shall be operated, maintained and managed by Ladris; b) the Cloud Services may be operated on hardware and at locations owned, maintained and managed by a third-party supplier to Ladris; and c) Customer will retain sole control over the operation,maintenance and management of the Customer Systems, and shall have sole responsibility for all access to and use of the Cloud Services and Ladris Materials by or through the Customer Systems, including any: i)Customer Data, or other information, instructions or materials provided by Customer or any Authorized User; and(ii)the distribution of Customer Data based on use of the Cloud Services. Section 2.03 Changes. Ladris reserves the right, in its sole discretion,to make any changes to the Cloud Services and Ladris Materials that it deems necessary or useful to: (a) maintain or enhance(i)the quality or delivery of Ladris'Cloud Services to its customers, (ii)the competitive strength of or market for Ladris' Cloud Services or(iii)the Cloud Services' cost,efficiency or performance; or(b)to comply with applicable Law. Section 2.04 Subcontractors. Ladris may from time to time in its discretion engage third parties to operate,maintain, and make available perform the Cloud Services (each such third party being a "Subcontractor"). Section 2.05 Suspension or Termination of Cloud Services. Ladris may,directly or indirectly, suspend,terminate or otherwise deny access to or use of all or any part of the Cloud Services or Ladris Materials by Customer, or any Authorized User if: (a)Ladris receives a judicial or other governmental demand or order,or law enforcement request that requires Ladris to do so;or(b) Ladris believes, in its good faith and sole discretion, that: (i)Customer or such Authorized User has failed to comply with any material term of this Agreement,or accessed or used the Cloud Services beyond the scope of the rights granted; or(ii)Customer or such Authorized User is,has been, or is likely to be involved in any fraudulent, misleading or unlawful activities. This Section 2.05 does not limit any of Ladris' other rights or remedies, whether at law or in equity. 29 oocuSign Envelope ID:67692884-3316-46CC-BDBC-A47863814726 ARTICLE III.AUTHORIZATION AND CUSTOMER RESTRICTIONS. Section 3.01 Authorization. Ladris authorizes Customer and its Authorized Users to access and use the Cloud Services and such Ladris Materials as Ladris may supply to Customer for the internal use of Customer. This authorization is non-exclusive and non-transferable,other than as may be set forth in Section 15.06(Assignment). Section 3.02 Prohibitions. Customer shall not(i)reverse engineer, disassemble,decompile, decode,adapt or otherwise attempt to derive or gain access to the source code or object code of the Cloud Service software, in whole or in part,or(ii)copy, modify,or prepare derivative works of the Cloud Service software or the Ladris Materials. Section 3.03 Additional Limitations and Restrictions. Customer shall not, and shall not permit any other Person to,copy,distribute, reproduce, incorporate, use,or access the Cloud Services or Ladris Materials in any manner except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement. Without limiting the generality of the foregoing,Customer shall not,except as this Agreement(or any applicable open source license)expressly permits: a) access or use the Cloud Services other than through the use of valid Access Credentials: b) input, upload, transmit or otherwise provide to or through the Cloud Services any information or materials that are unlawful, injurious,or contain, transmit or activate any Harmful Code; c) remove, delete,alter or obscure any trademarks,terms of service, warranties or disclaimers,or any copyright, trademark,patent or other intellectual property or proprietary rights notices from the Cloud Services or Ladris Materials, including any copy thereof;or d) access or use the Cloud Services or Ladris Materials for the development of a competing software service or product or any other purpose that is to Ladris' detriment or commercial disadvantage. ARTICLE IV. SUPPORT. Section 4.01 Customers. Support and maintenance shall be provided for Customers as set forth in Attachment 2. ARTICLE V. SERVICE LEVELS AND CREDITS. Section 5.01 Service Levels. During the Term of this Agreement, Ladris will use commercially reasonable efforts to make the Cloud Services Available at least 99.5%of the time as measured over the course of each calendar month during the Term (each such calendar month, a " Cloud Service Period"),excluding unavailability as a result of any of the Exceptions described below in Section 5.04 (the "Availability Requirement"). "Service Level Failure" means a material failure of the Cloud Services to meet the Availability Requirement. "Available" means the Cloud Services are available for access and use over the Internet and are operating in substantial accordance with the Specifications. 30 DocuSign Envelope ID:67692884-3376-45CC-8D6C-A47883814726 Section 5.02 Service Level Failures and Remedies. In the event of a Service Level Failure,and if Customer otherwise meets its obligations under this Agreement, Ladris shall issue a credit to Customer in the amount of a percentage of the Fees due for the Cloud Service Period in which the Service Level Failure occurred(each a "Service Credit")as set forth in the following table: In the first column, the Percentage of Availability shall be calculated according to the formula set forth in Section 5.03 below. Percentage of Amount of Service Availability Credit between 98.0%and 99.5% 10% between 95.0%and 98.0% 18% below 95.0% 40% In addition, all Service Credits shall be subject to the following: a) Ladris has no obligation to issue any Service Credit unless Customer requests such Service Credit and provides to Ladris the supporting information set forth in Section 5.02(b) below within seven (7)days following the end of the applicable Cloud Service Period; b) Customer must provide to Ladris all information necessary to document the Service Level Failure, including without limitation, log files showing the period(s) when the Cloud Services were not Available, the date(s)and time(s)on which they occurred,the number and location(s)of the affected Authorized Users(if applicable);descriptions of Customer's attempts to resolve the matter; and any other pertinent information; c) in no event will a Service Level Credit for any Cloud Service Period exceed fifty percent 50%)of the total Fees that would be payable for that Cloud Service Period if no Service Level Failure had occurred; d) if a dispute arises with respect to any Service Level Failure, Ladris will make a good faith determination to resolve the dispute based on its system logs, monitoring reports, configuration records,and other available information, which Ladris shall make available to Customer upon Customer's request;and e) any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Cloud Service Period in which the Service Level Failure occurred. This Section 5.02 sets forth Ladris's sole obligation and liability and Customer's sole remedy for any Service Level Failure. Section 5.03 Measurement. If the Cloud Services are provided from servers operated and maintained by a nationally recognized cloud service provider(such as AWS or Azure),then availability will be measured by such provider's standard processes and formulas therefore. In all other cases,the percentage Availability shall be calculated according to the following formula: 31 DocuSign Envelope ID 67692884-3376-45CC-BD6C-A47863B14726 Percentage of Availability = 100 x (Anticipated Available Minutes—Unavailable Minutes) Anticipated Available Minutes In this Percentage of Availability formula: Anticipated Available Minutes" means the Total Minutes less the Excluded Minutes. Excluded Minutes" means that the total number of minutes the Cloud Services were not available as a consequence of the exclusions set forth below in Section 5.04, as reasonably determined by Ladris. Unavailable Minutes" means the number of minutes during the relevant Cloud Service Period that the Cloud Services were not available, not including Excluded Minutes. Total Minutes" means the total number of minutes in the relevant Cloud Service Period. Section 5.04 Exceptions. For purposes of calculating the Availability Requirement, the following are "Exclusions" to the Availability Requirement, and neither the Cloud Services will be considered not Available nor any Service Level Failure be deemed to occur that is due, in whole or in part,to any: a) access to or use of the Cloud Services by Customer or any Authorized User,or using Customer's or an Authorized User's Access Credentials, in a manner that does not strictly comply with this Agreement and the Documentation; b) Any delay or failure of performance caused in whole or in part by Customer's delay in performing,or failure to perform, any of its obligations under this Agreement; c) Customer's or its Authorized User's Internet connectivity; d) Force Majeure Event; e) Scheduled Downtime in accordance with Section 5.05; and f) any suspension or termination of Customer's or any Authorized Users'access to or use of the Cloud Services as permitted by this Agreement. Section 5.05 Scheduled Downtime. Ladris will use commercially reasonable efforts to give Customer at least five hours prior notice of all scheduled outages of the Cloud Services, Scheduled Downtime"shall mean any such scheduled outage for which at least five hours prior notice has been given and which does not persist for more than 90 consecutive minutes. There shall not he more than one Scheduled Downtime event per week. Section 5.06 Cloud Service Support. Basic Cloud Service Support is included in the License Fee set forth in Attachment 1. Customer may purchase enhanced support for Cloud Services separately at Ladris' then-current rates. ARTICLE VI.SECURITY. Section 6.01 Ladris Measures and Policies. Ladris will employ security measures in accordance with Ladris' data privacy and security policy as amended from time to time, (the 32 DocuSign Envelope ID:67692884-3376-45CC-806C-A47863(314726 Privacy and Security Policy") a summary of which is available to Customer upon request. Subcontractors which supply platforms for the operation of Cloud Services may have their own security policies,which may be available to Customer upon request. Section 6.02 Prohibited Data. Customer agrees that it shall not submit the following categories of information (each of the following being"Prohibited Data")to Ladris for processing: a) Personal Information without appropriate consent or authorization under applicable Law; b) Content or other data(including video)that Customer does not have full rights to copy, transmit, store, process or distribute; i. articles, services and related technical data designated as defense articles or defense services, ii. data that is classified and or used on the U.S. Munitions list and iii. ITAR(International Traffic in Arms Regulations) related data. Customer shall not, and shall not permit any Authorized User or other Person to, provide any Prohibited Data to,or Process any Prohibited Data through, the Cloud Services,the Ladris Systems or any Ladris Personnel. Customer is solely responsible for reviewing all Customer Data and shall ensure that no Customer Data constitutes or contains any Prohibited Data. Section 6.03 Customer Control and Responsibility. Customer has and will retain sole responsibility for: (a)the content and use of all Customer Data; (b)the security and use of Customer's and its Authorized Users' Access Credentials; and (c) all access to and use of the Cloud Services and Ladris Materials directly or indirectly by or through the Customer Systems or its or its Authorized Users' Access Credentials(whether made with or without Customer's knowledge or consent). ARTICLE VII. FEES; PAYMENT TERMS. Section 7.01 Fees. Customer shall pay Ladris the fees set forth on Attachment 1 of this Agreement (as it may be revised from time to time)(the "Fees") in accordance with this Article 8. Section 7.02 Fee Increases. Fees are fixed for the first year of this Agreement. Thereafter, Ladris may increase Fees on the calendar anniversary, if any, of the Effective Date during the remaining Initial Term of the Agreement in amount equal to the increase in the Consumer Price Index (Average Price Data) for the prior contract year. Following the expiration of the Initial Term, Ladris may increase its Fees to Customer by providing Customer with at least 60 days written notice prior to the expiration of the Initial Term of a revised price list to be effective upon commencement of the Expanded Term. Section 7.03 Taxes. All Fees and other amounts payable by Customer under this Agreement are net of all applicable taxes, customs charges,duties or other amounts, including freight and insurance, all of which shall be paid by Customer Any claim for sales tax or duty exemption by the Customer shall be provided to Ladris in writing prior to shipment of product or access to the Cloud Services, and shall be effective only after Ladris' receipt of all proper exemption forms. 33 DocuSign Envelope ID 67892884-3376-45CC-806C-A47863B14726 Section 7.04 Payment. Customer shall pay all Fees in US dollars within thirty (30)days following the date of the invoice therefore. Customer shall make payments to the address or account that Ladris may specify in writing from time to time. At its option, Customer may pay Ladris through SWCA, Inc. in accordance with contract T3CWPPI 23, hut otherwise in conformity with this Agreement. Section 7.05 Late Payment. If Customer fails to make any payment when due then, in addition to all other remedies that may be available, if such payment is not made within 90 days of the date when due, Ladris may charge interest on the past due amount at the rate of 1.5%per month or, if lower,the highest rate permitted under applicable Law. ARTICLE VIII. INTELLECTUAL PROPERTY RIGHTS. Section 8.01 Acknowledgment. Customer acknowledges that Ladris owns all right, title and interest, including all Intellectual Property Rights in the Cloud Services,Cloud Service software, Ladris Data, Ladris Materials, and all derivative works thereof. Customer shall not acquire any Intellectual Property Rights with respect to the Cloud Services, Cloud Service software or Ladris Materials(including Third-Party Materials), except for the limited authorization set forth in Section 3.01 and any applicable third-party licenses and in each case subject to the restrictions of Section 3.03. Section 8.02 Open Source Programs. The Cloud Service software may include Open Source Programs. Any use of Open Source Programs by Customer is subject to and governed solely by the terms and conditions of the applicable open source license agreement(s). On Customer's written request, Ladris will provide Customer(at no additional cost)information how to obtain a copy of the source code for such Open Source Programs in accordance with the terms of the controlling open source license agreement(s). Section 8.03 Customer Data. Customer hereby irrevocably grants to Ladris, its Subcontractors and Ladris Personnel all such rights and permissions in or relating to Customer Data as are necessary or useful to perform the Cloud Services. En addition,to the extent that Customer may have intellectual property rights in Ladris Data or Resultant Data, Customer hereby grants to Ladris a perpetual, royalty free, non-exclusive worldwide license to reproduce, use and licenseandsublicensesuchintellectualpropertyrightsforuseinconnectionwiththeCloudServicesand such other products and services as may be developed and marketed by Ladris, its successors or assigns. Section 8.04 Evacuation Maps. Customer shall supply Ladris with evacuation maps and zones it uses in planning evacuation routes in the geographic area served by Customer. Customerrepresentsandwarrantsthatsuchevacuationmapsandevacuationzonesareinthepublicdomain or that Customer has full rights to license, including the right to sublicense, such maps and zones. Customer hereby irrevocably grants to t.adris a perpetually, royalty-free, worldwide license to reproduce, use, license and sublicense such evacuation maps and zones with respect to the Cloud Services and as embedded in such other products and services as may be developed and marketed by Ladris. Section 8.05 Feedback. If Customer or any of its employees or contractors submits, orally or in writing, ideas, suggestions or recommended changes to the Cloud Services or Documentation, 34 DocuSign Envelope ID 67692884-3378-45CC-BD6C-A47863814726 including without limitation, new features or functionality relating thereto("Feedback"), Ladris is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Customer hereby assigns to Ladris on Customer's behalf, and on behalf of its employees, contractors andlor agents, all right, title, and interest in, and Ladris is free to use, without any attribution or compensation to any party,any ideas, know-how, concepts,techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Ladris is not required to use any Feedback. Notwithstanding the provisions of Article 10 below (Confidentiality), Feedback will not be considered Confidential Information. Section 8.06 U.S. Government. The Cloud Services are a "Commercial Item," as that term is defined at 48 C.F.R. 2.101, consisting of"commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, 48 C.F.R. 227.7202, and 48 C.F.R. 12.211, respectively. Consistent with 48 C.F.R. 12.212, and 48 C.F.R. 227.7202-1 through 227.7202-4,all U.S. Government end users' rights to use, modify, reproduce, release,perform,display, or disclose the Cloud Services and the Documentation are as provided by this Agreement. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software,computer software documentation or technical data related to the Cloud Services and Documentation. ARTICLE IX. CONFIDENTIALITY. Section 9.01 Confidential Information. In connection with this Agreement each Party (as the Disclosing Party") may disclose or make available Confidential Information to the other Party as the "Receiving Party"). "Confidential Information" means information of the Disclosing Party which(a) is in written,graphic,machine readable or other tangible form and is marked Confidential,""Proprietary"or in some other manner to indicate its confidential nature and, (b) such information as would be considered confidential based on the circumstances surrounding its disclosure by a reasonable person familiar with the Disclosing Party's business and the industry in which the Disclosing Party operates. If given orally,Confidential Information may be, but is not required to be,confirmed in writing as having been disclosed as confidential or proprietary within 30 days after the oral disclosure. Confidential Information includes in all cases information and data which a Party has received from others that may be made known to the other Party and which such Party is obligated to treat as confidential or proprietary. Confidential Information that consists of software (including source and object code), algorithms, design details, data structures, specifications, hardware configuration, computer programs,engineering and manufacturing information and all other information of a technical nature shall be considered "Technical Confidential Information." All other Confidential Information, including agreements with third parties, business plans, products, marketing information, research,development, design details and specifications, financial information, procurement requirements, customer lists, business forecasts, and sales information shall be considered"Business Confidential Information." 35 DocuSign Envelope ID:87692884-3376-45CC-BDOC-A47863814726 Without limiting the foregoing, all product and other specifications, unpublished documentation, non-public marketing materials, the terms of this Agreement and the discounts provided hereunder are and will remain the Confidential Information of both parties. Section 9.02 Exclusions. Except for Personal Information or any third-party information that the Receiving Party is under a contractual or other binding obligation to maintain in confidence, Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party; b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with this Agreement; c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party's knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality;or d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information. Section 9.03 Protection of Confidential Information. The Receiving Party shall: a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement except as may be permitted by and subject to its compliance with Section 9.04 (Compelled Disclosures). b) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; and c) not disclose or permit access to Confidential Information other than to those of its Representatives who: i. need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with this Agreement; ii. (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party's obligations under this Article 10; iii. (iii) are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Article 10; and iv. (iv) ensure its Representatives' compliance with, and he responsible and liable for any of its Representatives' non-compliance with,the terms of this Article 10. Section 9.04 Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law,the Receiving Party shall: (a)promptly, and prior to such disclosure,notify the Disclosing Party in writing of such requirement so that the Disclosing PartycanseekaprotectiveorderorotherremedyorwaiveitsrightsunderSection9.03 (Protection of 36 DocuSlgn Envelope ID:87892884-3376-45CC-BD6C-A47863814726 Confidential Information) and (b) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. Section 9.05 Period of Confidentiality and Return of Information. A Receiving Party's obligations with respect to (i)Technical Confidential Information and Business Confidential information that contains Ladris trade secrets, shall survive indefinitely and (ii) Business Confidential Information that does not constitute a Ladris trade secret, shall survive for three (3) years following termination of this Agreement. Upon termination of this Agreement, a Receiving Party shall, within 7 days return to the Disclosing Party,or at the Disclosing Party's written request destroy, all documents and tangible materials containing or based on any Confidential Information;and (ii) permanently erase all Confidential Information from all systems that Customer directly or indirectly controls. ARTICLE X. TERM AND TERMINATION. Section 10.01 initial Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant the provisions hereof,continues for the period specified in Section 1.01 ("Initial Term"). Section 10.02 Renewal. This Agreement will automatically renew for up to two additional successive one-year terms following the Initial Term unless either Party gives the other Party written notice of non-renewal at least 45 days prior to the expiration of the then-current term each a "Renewal Term" and,collectively, together with the Initial Term, the "Term"). Section 10.03 Termination. In addition to any other express termination right set forth elsewhere in this Agreement: a) Ladris may terminate this Agreement, effective on written notice to Customer, if Customer: (i) fails to pay any amount when due hereunder, and such failure continues more than 30 days after Ladris' delivery of written notice thereof; or(ii) breaches any of its obligations under Section 3.03 (Additional Limitations and Restrictions), Section 6.02 Prohibited Data)or Article IX (Confidentiality). b) Either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (i)becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or iv)applies for or has appointed a receiver, trustee,custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. Section 10.04 Effect of Expiration or Termination. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: a) all rights, licenses,consents and authorizations granted by either Party to the other hereunder will immediately terminate; 37 DocuSIn Envelope D 67692884-3376-45CC-8D6C-P47863814726 b) Ladris may disable all Customer and Authorized User access to the Cloud Services; c) Customer shall immediately cease all use of any Cloud Services and Ladris Materials and i)within 7 days return to Ladris,or at Ladris' written request destroy, all documents and tangible materials containing or based on any Ladris Materials; (ii)permanently erase all Ladris Materials from all systems Customer directly or indirectly controls; and(iii) comply with the comparable provisions with respect to the return,destruction, or erasure set forth in Section 9.05 above; d) (d) if Ladris terminates this Agreement pursuant to Section 11.3(a)or Section 11.3(b), Customer shall pay all Fees previously accrued but not yet paid for services rendered prior to termination,on receipt of Ladris' invoice therefor; and e) (e) for a period of two weeks following termination, Customer may access and download any previously saved evacuation scenarios,and related data. Section 10.05 Surviving Terms. The provisions set forth in the following sections,and any other right or obligation of the parties in this Agreement that,by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3.02 (Prohibitions)and Section 3.03 (Additional Limitations and Restrictions), Article VIII(Intellectual Property)Article IX (Confidentiality), Section 10.04 (Effect of Expiration or Termination), Section 10.05 (Surviving Terms),Article XI(Representations and Warranties), Article XII (Indemnification),Article XIII and Article XV (Miscellaneous). ARTICLE XI. REPRESENTATIONS AND WARRANTIES. Section 11.01 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that: a) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate, governmental or other organizational action of such Party;and b) when executed and delivered by both parties, this Agreement will constitute the legal, valid and binding obligation of such Party,enforceable against such Party in accordance with its terms. Section 11.02 Additional Customer Representations and Warranties. Customer represents and warrants to Ladris that Customer has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Ladris and processed in accordance withthisAgreementandtheSpecificationsfortheCloudBasedServices, Ladris will not infringe, misappropriate or otherwise violate any US copyright,or any privacy,data security or other rights of any third party or violate any applicable Law. Section 11.03 Accuracy of Customer Data. Customer acknowledges that Ladris will have no responsibility for the content,accuracy or completeness of any Customer Data. Section 11.04 DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 11.01, ALL CLOUD SERVICES AND LADRIS MATERIALS ARE PROVIDED "AS IS" AND LADRIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,AND 38 OocuSign Envelope ID 67692884-3376-45CC-BO8C-A47863814726 LADRIS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, LADRIS MAKES NO WARRANTY OF ANY KIND THAT THE CLOUD SERVICES OR LADRIS MATERIALS WILLL MEET CUSTOMER REQUIREMENTS,OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE ERROR FREE. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OF THE THIRD-PARTY MATERIALS. LADRIS MAKES NO REPRESENTATION OR WARRANTY THERETO. ARTICLE XII. INDEMNIFICATION. Section 12.01 Ladris Indemnification. Ladris shall indemnify,defend and hold harmless Paying Customers and Paying Customer's officers,directors, and employees(each,a "Customer Indemnitee")from and against any and all Losses incurred by such Customer Indemnitee resulting from a final judgment in any suit or proceeding by a third party to the extent that suchLossesarisefromanyallegationinsuchactionthatCustomer's or an Authorized User's use of the Cloud Services(excluding Customer Data and Third Party Materials) in compliance with the Documentation and this Agreement infringes a United States copyright,tradcmark or trade secret. The foregoing obligation does not apply to any action or proceeding or Losses arising out of or relating to any: a) access to or use of the Cloud Services or Ladris Materials\in combination with any hardware, system, software,network or other materials or services not provided or authorized in the Specifications or otherwise in writing by Ladris; b) failure to timely implement any modifications,upgrades, replacements or enhancements made available to Customer by or on behalf of Ladris;or c) act,omission or other matter described in Section 12.02(a)through Section 12.02(c), whether or not the same results in any action against or Losses by any Ladris Indemnitee. THIS SECTION 12.01 SETS FORTH CUSTOMER'S SOLE REMEDIES AND LADRIS' SOLE LIABILITY AND OBLIGATION FOR ANY FINAL JUDGMENTS THAT THIS AGREEMENT OR THE CLOUD SERVICES INFRINGE,MISAPPROPRIATE OR OTHERWISE VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT SET FORTH ABOVE, Section 12.02 Customer Indemnification. Customer shall indemnify, defend and hold harmless Ladris and its Subcontractors and Affiliates,and each of its and their respective officers, directors,employees (each, a"Ladris Indemnitee")from and against any and all Losses incurred by such Ladris Indemnitee in connection with any action or proceeding by a third party other than an Affiliate of a Ladris Indemnitee)that arise out of or relate to any: 39 DocuSign Envelope ID 67692884-3376-45CC-BD6C•A47863B14726 a) processing of Customer Data by or on behalf of Ladris in accordance with this Agreement; b) disclosure or exposure of Personal Information to Ladris in violation of applicable Law; or c) transmission of Prohibited Data to Ladris. Section 12.03 Mitigation. If any of the Cloud Services are,or in Ladris' opinion arc likely to be, claimed to infringe, misappropriate or otherwise violate any third-party Intellectual Property Right, or if Customer's or any Authorized User's use of the Cloud Services is enjoined or threatened to be enjoined, Ladris may, at its option and sole cost and expense: a) obtain the right for Customer to continue to use the Cloud Services and Ladris Materials materially as contemplated by this Agreement; b) modify or replace the Cloud Services in whole or in part, to seek to make the Cloud Services (as so modified or replaced) non-infringing,while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Cloud Services under this Agreement;or c) by written notice to Customer, terminate this Agreement and require Customer to immediately cease any use of the Cloud Services and Ladris Materials,provided that if such termination occurs prior to the expiration of any period with respect to which Customer has paid a Fee, Customer will be entitled to a pro-rata refund of any portion of such period following termination. ARTICLE XIII. LIMITATIONS OF LIABILITY. SECTION 13.01 EXCLUSION OF DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 13.04, IN NO EVENT WELL LADRIS OR ANY OF ITS LICENSORS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT,TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A)LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE CLOUD SERVICES,OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS PURSUANT TO SECTION 5.02, OR(C)ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER LADRIS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. Section 13.02 CAP ON MONETARY LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN SECTION 13.04, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF LADRIS AND ITS SUPPLIERS AND SUBCONTRACTORS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT,TORT INCLUDING NEGLIGENCE),STRICT LIABILITY AND OTHERWISE, EXCEED THE HIGHER OF(I)THE SUM OF ALL FEES PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE 12 MONTHS IMMEDIATELY PROCEEDING THE FIRST 40 DocuSIgn Envelope ID 6 769 2 884-3 3 78-4 5CC-BD6C-A47863814726 INCIDENT GIVING RISE TO LIABILITY OR(II)$500.THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SECTION 13.03 THE PURPOSE OF THE FOREGOING PROVISIONS OF SECTION 13. 01 AND SECTION 13.02 IS TO LIMIT LADRIS'S LIABILITY UNDER THIS AGREEMENT AND,IN THE ABSENCE OF THESE PROVISIONS, LADRIS WOULD NOT HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT. SECTION 13.04 EXCEPTIONS.THE EXCLUSIONS AND LIMITATIONS IN SECTION SECTION 13.01 AND SECTION 13.02 DO NOT APPLY TO THE PARTIES UNDER ARTICLE ARTICLE IX (CONFIDENTIALITY), ARTICLE XII (INDEMNIFICATION)OR LIABILITY FOR LADRIS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ARTICLE XIV. INSURANCE Section 14.01 Ladris's Insurance, Ladris shall obtain, provide and maintain at its own expense during the term of this Agreement policies of insurance of the type,amounts, terms andconditionsdescribedintheInsuranceRequirementsattachedheretoasAttachment3,and incorporated herein by reference. ARTICLE XV.MISCELLANEOUS. Section 15.01 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership,joint venture or other form of joint enterprise,between the parties. Section 15.02 Force Majeure Event. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure ordelayinfulfillingorperforminganytermofthisAgreement, when and to the extent such failure or delay is caused by:(a) acts of God;(b) flood, fire,or explosion;(c) war,terrorism, invasion, riot,or other civil unrest; (d) embargoes or blockades in effect on or after the date of this Agreement; (e) national or regional emergency; (f) strikes,labor stoppages or slowdowns,or other industrial disturbances;and(g) interne outage and denial of service attacks(each of the foregoing,a "Force Majeure"). A party may terminate this Agreement if a Force Majeure event affecting the other party continues substantially uninterrupted for a period of forty-five(45) Business Days or more. Section 15.03 Press Release. Customer authorizes Ladris to use its name and logo in its list of customers. The parties agree that either party or both may issue a mutually acceptable newsreleaseregardingCustomer's use of the applicable Cloud Services. Each party's approval ofsuchnewsreleasewillnotbeunreasonablywithheldordelayed. Once a press release has been issued, Ladris may publicly refer to Customer as being a customer of Ladris, and only in relation to this Agreement except as otherwise authorized by Ladris. Section 15.04 Notices. All notices, requests, consents,claims,demands and waivers under this Agreement must be in writing and addressed to a Party as follows(or to such other address or 41 DocuSign Envelope ID 67692884.3376-45CC-BD6C•A47863B14726 such other person that such Party may designate from time to time in accordance with this Section 15.04): If to Ladris: Attention: Email: service@ladris.com Ladris Technologies, Inc. 10090 Stable Lane Nevada City, California 95959 With a copy to: Eric Little, Esq. 1793 East Main Street, Grass Valley, CA 95945 If to Customer: Facsimile: _____ E-mail: Attention: Notices sent in accordance with this Section 15.04 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b)when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by facsimile with confirmation of transmission), if sent during the addressee's normal business hours,and otherwise on the next business day; and (d) on the fourth day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. Section 15.05 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements,representations and warranties, both written and oral. Section 15.06 Assignment. Customer shall not assign or otherwise transfer any of its rights, ordelegateorotherwisetransferanyofitsobligationsorperformance, under this Agreement, in each case whether voluntarily, involuntarily,by operation of law or otherwise, without 1,adris' prior written consent,which shall not be unreasonably withheld. Section 15.07 Amendment and Modification; No Waiver.No amendment to or modification oforrescission, termination or discharge of this Agreement is effective unless it is in writing,andsignedbyeachParty (which signature may be by counterpart). No waiver by any Party of any oftheprovisionshereofshallbeeffectiveunlessexplicitlysetforthinwritingandsignedbythe Party so waiving. Section 15.08 Severability. If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect 42 DocuSign Envelope ID:67892884-3378-45CC-806C-A47883814728 any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Section 15.09 Conflicts. In the event of any conflict between this Agreement and any Ladris policy posted online, including without limitation the privacy policy, the terms of this Agreement will govern. Section 15.10 Construction. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor or against either Party by reason of authorship. Section 15.11 Governing Law.This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Section 15.12 Each Party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Article 10 (Confidentiality)would cause the other partyirreparableharmforwhichmonetarydamageswouldnotbe an adequate and agrees that, in the event of such breach or threatened breach,the other party will be entitled to equitable relief,including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security,or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies arc not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise. Section 15.13 Counterparts. This Agreement may be executed in two (2)or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 43 r 1 DocuSign Envelope ID 67692884-3378-45CC-806C-A47863814726 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. JEFFERSON COUNTY WASHINGTON LADRIS TECHNOLOGIES,INC. er Board of County Commissioners r—o sw". Jefferson County,Washington By 1,eolirrifdirriiVf Executive Officer By:4/21/2023 Greg Brotherton, Chair Date Date: Bv: Kate Dean, Commissioner Date By: Heidi Eisenhour, Commissioner Date SEAL: I i 1 ATTEST: i Carolyn Gallaway Date 1 1 Clerk of the Board 1 i Approved as to form only: I Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 44 DowSign Envelope ID 67692884-3376-45CC•BO6C-M7a63814726 Attachment I SCHEDULE OF FEES,CHARGES AND PAYMENTS Software: Ladris Operator Pro Edition. 2 Scats; Annual Fee: S12,000 Services: Modeling Support and Training. I Agency; Annual Fee: S3,600(Pro Support) Annual Fees are due on the effective date and the anniversary thereof for each contract year. In the first contract year,all fees,charges,and payments listed below will be paid by Jefferson County through the contract with SW CA Environmental Consultants Contract T3CWPP 124). Seats to be allocated to Jefferson County. A seat shall refer to use by a named individual. Seats may be reallocated among individuals but no more than once every three months. 45 OocuSign Envelope ID 67692a84-3376.45CC-B06C-A47863814726 Attachment 2 CLOUD SERVICES SUPPORT AND MAINTENANCE 1.0 Scope of Agreement 1,1 This Attachment covers the maintenance and support of the Cloud Services. This Agreement provides maintenance services only with respect to Software, including third party software, supplied by Ladris to Customer pursuant to the terms of the Terms of Service Agreement.This Agreement does not provide for maintenance services for any third-party software not provided by Ladris to Customer or for any hardware. 1.2 Ladris' obligation to provide Support Services shall extend to the current Release and prior Versions whose Release number begins with the same number or immediately preceding number as the current Release. For example, if the current Release is 4.5, Ladris will support only those Versions between 3.x and 4.5. If Customer desires support for earlier Versions of the Software, such support may be treated by Ladris as additional consulting services for which Customer will be billed at Ladris' then-current time-and-materials rates. Customer understands that its implementation of a new Version may require Customer to upgrade its Computer System. 2.0 Data Backup, Retention and Disposal. Ladris shall be responsible for creating and maintaining timely, accurate and readable electronic back-ups of all data,program and system files. Periodically, in accordance with information technology best practices, Ladris shall restore such backups to a test server to validate that the data backups are recoverable without lost or corrupted data. Using appropriate and reliable storage media, Ladris will back up Customer data daily and retain such backup copies for a minimum of thirty-six months,or as consistent with requirements in federal, state and local law. At the end of that time period and at Customer's election, Ladris will direct the Hosting Vendor to destroy or overwrite the backup copies. Upon Customer's request, Ladris will supply Customer with a certificate indicating the nature of the storage media destroyed, the date the backups were destroyed or overwritten, and the method of destruction used. 3.0 Disaster Recovery The Ladris will maintain a Disaster Recovery Plan with respect to the services provided to the Customer. For purposes of this Agreement, a "Disaster" shall mean any unplanned interruption of the operation of or inaccessibility to the Ladris' service in which the Ladris, using reasonable judgment, requires relocation of processing to a 46 DocuS*gn Envelope ID.67892884-3378-45CC-BD6C-A47863B14726 recovery location. The Ladris shall notify the Customer as soon as possible after the Ladris deems a service outage to be a Disaster. The Ladris shall move the processing of the Customer's services to a recovery location as expeditiously as possible and shall coordinate the cut-over. During a disaster, optional or on-request services shall be provided by the Ladris only to the extent adequate capacity exists at the recovery location and only after stabilizing the provision of base services. 4.0 Administrative Functions Performed by Ladris. Ladris shall provide certain limited administrative services regarding the maintenance of the Software including,(i)setting permissions,(ii)adding,modifying or deleting attributes,events,statutes,program and case types and lookup items, (iii) adding and deleting case types,and (iv) creating and modifying workflows, (v) adding and modifying assessments and related scoring. 5.0 Covered Maintenance Ladris will provide to Customer: (a) all services required to ensure that the Software operates in conformity with all Specifications; and (b) all Enhancements developed by Ladris for the Software and related Documentation during the Term of this Agreement. Covered Maintenance Services do not include the costs of accessories and expendable supplies necessary to operate the Software, such as magnetic tape cards, optical disks, disk packs, paper, and similar items, and such items are not provided free of charge by Ladris hereunder. 6.0 Customer Obligations 6.1 Customer may designate up to five(5) persons by whom requests by Customer for Support Services may be made("Support Team"). Ladris shall not be required to accept calls or requests from anyone other than a designated contact person. Customer may change its designated contact person, or request that additional people be made contact persons,at any time upon notice to Ladris. 6.2 Customer shall implement and follow the reasonable written instructions of I,adris regarding operation of the Software. 6.3 Customer shall, at its own expense, protect the security of its Computer System and adopt policies and practices needed to prohibit unauthorized access to the Computer System. Ladris shall not he responsible for any security breach of Customer's Computer System and expressly disclaims any liability for loss or damage caused by the unauthorized access to Customer's Computer System other than that which is caused by an employee of Ladris. Ladris shall ensure that the Hosting Services Agreement includes provisions ensuring security of the Software and Data. 6.4 Software Administration. Customer, as a general matter, shall perform all tasks associated with the administration of the Software, other than those that are assigned to Ladris, including without limitation, adding, modifying, removing and otherwise maintaining users, templates, lookups, and logons and 47 DocuSign Envelope ID 87692884-3376-45CC-8D6C-A47863B14726 passwords, 6.5 Communications Equipment. Customer shall, at its sole expense, install and maintain communications equipment that will permit Customer to have high speed Internet access to the Software. Customer acknowledges that maintenance of the appropriate communications equipment is a condition precedent to Ladris' provision of use for the Software. 7.0 Service Level Agreement 7.1 Ladris will maintain a website accessible by Customer,which contains information concerning the Software and Support Services. 7.2 Ladris will respond to Customer requests for software support services regarding the licensed software in accordance with the procedures identified below. In each case, Customer may describe and submit notice of the support need by telephone, facsimile or electronic mail. 7.3 All Ladris staff assigned to provide services to Customer will be appropriately qualified by education, training and experience to deliver those services, and will be familiar with the functional capabilities of the Software. 7.4 Telephone Support includes: (i)remote diagnostics; (ii) service desk and dispatch; iii) question and answer consulting; and, (iv) non-chargeable user error remedies. Ladris shall provide a toll-free maintenance telephone number. Remote diagnostics equipment is required at Customer's location for remote support, which equipment is to be obtained by Customer at its sole expense. Ladris shall provide Customer with telephone support services for Software from 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday,excluding Customer- recognized holidays. 7.5 Response Policy. Ladris shall respond to any Errors reported by Customer based on the priority code assigned to each such Error. Customer shall identify the priority code when it initially reports the Error to Ladris. Ladris may, in its reasonable discretion, reclassify the Error after its initial investigation. In the event Ladris does not meet the service level response for the Error as described in the table below, the Customer may request to escalate the Error to a higher priority code, which request the Ladris shall not unreasonably deny. Priority Levels and Response Times by Service Option: Evacuations Simulator Response times are for business hours. r Tier Priority Response Workaround Restore Initial 48 DocuSign Envelope ID 87892884-3376-45CC-BDOC-A47883814728 Update Tier-1 Urgent 1 2 6 24 Tier-1 High 2 3 9 36 Tier-1 Normal 4 8 24 as agreed Tier-I Low 8 12 as agreed as appropriate Premium Urgent 2 4 12 48 Premium High 4 6 18 72 Premium Normal 8 16 48 as agreed Premium Low — 16 24 as agreed as appropriate Pro Urgent 4 8 24 96 Pro High 8 12 36 144 Pro Normal 16 32 96 as appropriate Pro Low 32 1 48 as appropriate as appropriate Standard Urgent 8 16 48 192 Standard f High 16 24 72 288 Standard Normal 32 64 192 as appropriate Standard Low 64 96 as appropriate as appropriate L__ I Priority Level Definition I rouble condition where the system is completely out Urgent of service or is causing significant business impact to the Customer and no immediate workaround is 49 DocuSign Envelope ID:67692884-3376-45CC-B06C-M7863814726 available System affected with intermittent loss of simulation High capability or a problem that significantly affects deployment Normal System issues alerts and/or exhibits unexpected behavior without affecting core functionality Low Technical consultations, feature suggestions DacuSign Envelope ID'.67682884-3378-45CC-BD6C•A47863B14726 Attachment 3 INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting the obligations of Ladris (herein, Consultant) under Article 13 (Indemnification),Consultant shall obtain,provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Customer. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant usesexistingcoveragetocomplyandthatcoveragedoesnotmeettheserequirements, Consultant agrees to amend,supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California,with an assigned policyholders' Rating of A- (or higher)and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Customer's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits,and Employer's Liability Insurance with limits of at least one million dollars($1,000,000)each accident for bodily injury by accident and each employee for bodily injury by disease in accordancewiththelawsoftheStateofCalifornia, Section 3700 of the Labor Code. Consultant shall submit to Customer, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Customer, its councils, boards and commissions,officers,agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance,and if necessary umbrella liability insurance,with coverage atleastasbroadasprovidedbyInsuranceServicesOfficeformCG0001, in an amount not less than one million dollars($1,000,000)per occurrence, two million dollars ($2,000,000)general aggregate. The policy shall cover liability arising from premises,operations,personal and advertising injury, and liability assumedunderaninsuredcontract(including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned,hired, non-owned or rented vehicles, in an amount not less than one million dollars($1,000,000)combined single limit each accident. 5I DocuSign Envelope ID.67692884-3376-45CC•8D6C-A47863B14726 D. Professional Liability (Errors & Omissions)Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars 1,000,000) per claim and two million dollars($2,000,000) in the aggregate. Any policy inception date,continuity date,or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. E. Cyber Liability.Contractor shall maintain cyber liability insurance with limits of not less than one million dollars($1,000,000) per occurrence and two million dollars 2,000,000)annual aggregate covering(1)all acts,errors,omissions,negligence, infringement of intellectual property,(2) network security and privacy risks, including but not limited to unauthorized access, failure of security,breach of privacy perils, wrongful disclosure,collection,or negligence in the handling of confidential information, privacy perils,including coverage for related regulatory defense and penalties,and(3) data breach expenses payable whether incurred by Customer or Contractor,including but not limited to consumer notification,whether or not required by law,computer forensic investigations,public relations and crisis management firm fees,credit file or identity monitoring or remediation services, in the performance of services for Customer or on behalf of Customer hereunder. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain,the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against Customer, its councils,boards and commissions, officers,agents.volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Customer,and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability,and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that Customer, its councils,boards and commissions,officers,agents, volunteers and employees shall be included as additional insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by Customer. D. Notice of Cancellation. All policies shall provide Customer with thirty (30)calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to Customer as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other 52 DocuStgn Envelope ID 67692a84-3376-45CC-BD6C-A47863814726 endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by Customer's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Customer at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen 15) days prior to the expiration of any such policy,evidence of insurance showing that such insurance coverage has been renewed or extended shall be tiled with the Customer. If such coverage is cancelled or reduced, Consultant shall, within ten(10)days after receipt of written notice of such cancellation or reduction of coverage, file with the Customer evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Customer reserves the right to require complete,certified copies of all required insurance policies, at any time. B. Customer's Right to Revise Requirements. Customer reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60)calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant,Customer and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Customer is an additional insured on insurance required from subcontractors. For CGI. coverage, subcontractors shall provide coverage with a format at least as broad as C(i 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of Customer to inform Consultant of non- compliance with any requirement imposes no additional obligations on Customer nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive,or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Customer requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Customer. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by Customer. Customer reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by Customer. 53 DocuSign Envelope ID.67692884-3376 45CC-BD6C-A47863814728 G. Customer Remedies for Non-Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein,then Customer shall have the right but not the obligation,to purchase such insurance,to terminate this Agreement,or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by Customer shall, at Customer's sole option,be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give Customer prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Customer assumes no obligation or liability by such notice,but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve Customer. I. Consultant's Insurance. Consultant shall also procure and maintain,at its own cost and expense,any additional kinds of insurance,which in its own judgment may be necessary for its proper protection and prosecution of the Work. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO:Board of County Commissioners FROM: Shannon S. Burns,Juvenile Court Administrator DATE: jJIhi of 20210 RE: Interagency Agreement#A0C3395 AOC and Jefferson County CASA-GAL Funds STATEMENT OF ISSUE: Agreement for receipt of CASA-GAL funding to Juvenile Court Services needs to be executed. ANALYSIS: This Agreement reflects our intent to accept our allocation of statewide CASA-GAL dollars for the State fiscal year July 1, 2025 through June 30th, 2026. These funds support CASA- GAL matters,to wit: Guardian ad Litem program for the State Dependent children. FISCAL IMPACT: This revenue will be, and is, included in my budget for 2026 and 2027. RECOMMENDATION: That the board sign agreement. The fully executed original will be returned to the BOCC office upon final signature by AOC. REVIEWED BY: 1 4/(9-6 Jos 'eters, County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Administrative Office of the Courts Contract No: A0C3395 Contract For: CASA-GAL Funds Term: July 1st, 2026-June 30th, 2027 COUNTY DEPARTMENT: Juvenile and Family Court Services Contact Person: Shannon Burns,Juvenile Court Administrator Contact Phone: 360) 385-9190 Contact email: sbums@co.Jefferson.wa.us AMOUNT: $41,530 PROCESS: Exempt from Bid Process Revenue: $41,530 Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund RFPorRFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM LIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ill N/A:f S. Signature rlDate 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: fl N/A: pi S - 4 z Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/13/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/10/2026. DPA Luther reviewed and approved on 07/10/2026. 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 COURTS INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS A0C3395 AND JEFFERSON COUNTY JUVENILE COURT CASANOLUNTEER GAL PROGRAM 1. PARTIES TO THE AGREEMENT This Interagency Agreement is made and entered into by and between the State of Washington acting by and through the Washington State Administrative Office of the Courts, hereinafter referred to as "AOC or Procuring Agency," and Jefferson County Juvenile Court, referred to as "Court". The AOC and the Court may be referred to individually as a "Party" and collectively as the "Parties". 2. PURPOSE The purpose of this Agreement is to for the Court to increase the number of children served by court-appointed special advocates (CASAs)/volunteer guardians ad litem as defined by RCW 13.34.030(12) in dependency matters or to reduce the average caseload of volunteers to recommended standards. Funds received by the Court under this Agreement may only be used to supplement, not supplant, any other local, state or federal funds received by the Court. THEREFORE, IT IS MUTUALLY AGREED THAT: 3. STATEMENT OF WORK The Court shall: Furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of managing a CASA/volunteer guardian ad litem program as defined in RCW 13.34.030(13)to serve juvenile dependency cases. The Court will ensure that the program and volunteers comply with the statutory requirements contained in RCW 13.34.100-107. The Court REV June 2026 A0C3395 Page 1 of 16 will submit reports to AOC detailing information about the number of children served and the number of volunteers. The CASANolunteer GAL Bi-Annual Report to the Administrative Office of the Courts shall be submitted electronically. The required form for bi-annual reporting, which is incorporated in this agreement, is located on the Inside Courts website under `Court Resources> Court Management' and choose the "CASA Bi-Annual Report to AOC". There are certain Courts that are not able to access the Inside Courts website, and to accommodate reporting compliance, Exhibit C is attached. Reporting schedule: Period Report Due 07/01/26 - 12/31/26 01/31/27 01/ 01/27 - 06/30/27 07/31/27 Failure to submit a report by the due date may adversely affect state funding of the CASANolunteer GAL program. If you have questions, please contact the AOC Program Manager Christopher Stanley at Christopher.Stanley(a courts.wa.gov or (360) 357-2406. 4. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2026, and end on June 30, 2027, unless terminated sooner or extended, as provided herein. 5. COMPENSATION AOC will reimburse the Court a total compensation not to exceed $41,530 for payments made during the period from July 1, 2026, through June 30, 2027, related to the purpose of this agreement. Procuring Agency may extend the term of this Contract or increase funds by mutual written amendment. Such amendment shall be on the same terms and conditions as set forth in this Contract. 6. INVOICES; BILLING; PAYMENT The Court will submit properly prepared itemized invoices via email on an A19 form to AOC Program Manager. Invoices shall be submitted no more than once a month. Incorrect or incomplete A19s shall be returned by AOC to the Court for correction or reissuance. All A19s shall provide and itemize, at a minimum, the following: REV June 2026 A0C3395 Page 2 of 16 Agreement Number: A0C3395 Court name, address and phone number Description of Reimbursement Date(s) Services were provided Receipt(s) if applicable Total Reimbursement Court shall receive payment for actual costs (within the amount identified) which are associated with juvenile dependency cases. Court shall use CASA Cost Guidelines Exhibit A) as a guide for determining what costs should be reimbursed. Payment will be made by the AOC upon receipt of a properly completed Washington State form A-19, Monthly Detail Report(Exhibit B), and required backup documentation. Invoices are to be sent via email to AOC Financial Services at payables@courts.wa.gov. AOC will remit payment to the Court in a total amount not to exceed the value of this agreement. Court shall maintain sufficient backup documentation of direct costs expenses under this Agreement. Allocated administrative Court costs must be applied at a rate that is set forth and supported by a documented internal administrative rate plan that has been approved by the designated authority at the Superior Court and is readily accessible for review by AOC or the State Auditor. If there is no approved plan, a 10 percent de minimis rate may be applied. This rate shall only be calculated on the total amount of salaries and benefits. Payment will be considered timely if made by the AOC within thirty (30) calendar dates of receipt of a properly prepared A19. No A19 shall be submitted until after a deliverable has been accepted by the AOC Program Manager. The AOC will not make any advanced payments or payments in anticipation of services or supplies under this Contract. 7. REVENUE SHARING a. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court via unilateral amendment to the agreement no later than May 1, 2027, that AOC intends to reallocate funding among courts in the program. If AOC determines the Court may not spend all funds available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more funds than available under the Agreement and for its scope, then AOC may increase the Agreement amount. b. If the AOC initiates revenue sharing, then the Court must submit the final revenue sharing A19 to payables@courts.wa.gov between July 12, 2027, and August 1, 2027. REV June 2026 AOC3395 Page 3 of 16 8. AGREEMENT MANAGEMENT The Program Manager and Court Program Manager noted below shall be responsible for and shall be the contact people for all communications and billings regarding the performance of this Contract. The parties may change administrators by written notice. AOC Program Manager Court Program Manager Christopher Stanley Shannon Burns PO Box 41170 1820 Jefferson St Olympia, WA 98504-1170 Port Townsend, WA 98368-6951 Christopher.Stanlev(acourts.wa.gov sburns(c co.lefferson.wa.us 360) 357-2406 360) 385-9190 9. RECORDS, DOCUMENTS, AND REPORTS a. Records Retention. The parties to this Agreement shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained a minimum of six years after expiration of the Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. EXCEPT THAT, Bi-Annual Reports will be distributed to the Washington Association of Child Advocate Programs. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. b. Public Records. It is the policy of the Administrative Office of the Courts to facilitate access to its administrative public records. This Agreement and related records are subject to disclosure under General Court Rule 31.1. For additional information, please contact the AOC public records officer. REV June 2026 A0C3395 Page 4 of 16 10.BACKGROUND CHECKS The Court shall: a. Ensure a criminal background check has been completed for all employees, CASAsNolunteer GALs, and subcontractors of the Court who have access to children, prior to any access under this agreement pursuant to RCW 13.34.100(3); b. Based on the results from the criminal background check, determine each employee, CASANolunteer GAL, and subcontractor of the Court is suitable for access to children; The AOC will: a. Reimburse for CASANolunteer GAL criminal background checks. 11.RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, 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. 12.RESPONSIBILITY OF THE PARTIES Each party to this Agreement assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to the other party for any third-party claims. 13.DISPUTE RESOLUTION To the extent practicable, the Parties shall use their best, good faith efforts cooperatively and collaboratively to resolve any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest possible level with authority to resolve such dispute. The Parties shall make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute. If, however, a dispute persists and cannot reasonably be resolved, it may be escalated within each organization. In such circumstance, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event the parties cannot agree on a mutual resolution within fifteen (15) business days, the parties shall appoint a member of a dispute resolution board within Thurston County and those two appointed members will select a third. The Board shall employ dispute resolution measures and its result is binding. Both parties agree that, the existence of a dispute notwithstanding, the REV June 2026 A0C3395 Page 5 of 16 Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 14. GENERAL PROVISIONS a. Amendment or Modification. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. In revenue sharing procedures AOC will issue a unilateral amendment. b. Appendix. All appendices referred to herein are deemed to be incorporated in this Agreement in their entirety. c. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. d. Authority. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. e. Captions & Headings. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. f. Conformance. If any provision of this Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. g. Counterparts. This Agreement may be executed in any number of 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 thereof so long as all the Parties hereto execute a counterpart of this Agreement. h. Electronic Signatures. An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. i. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes REV June 2026 A0C3395 Page 6 of 16 all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. j. Governing Law. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles that would provide for the application of the laws of another jurisdiction. k. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. I. Jurisdiction & Venue. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. m. No Agency. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Agreement. Neither party is an agent of the other party nor authorized to obligate it. n. Right of Inspection. The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the State of Washington at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. o. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. p. Termination for Cause. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. q. Termination for Convenience. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination, the parties shall be liable only for REV June 2026 A0C3395 Page 7 of 16 performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. r. Termination for Non-Availability of Funds. AOC's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, AOC, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. AOC may also elect to suspend performance of the Agreement until AOC determines the funding insufficiency is resolved. AOC may exercise any of these options with no notification restrictions, although AOC will make a reasonable attempt to provide notice. In the event of termination or suspension, AOC will reimburse eligible costs incurred by the Court through the effective date of termination or suspension. Reimbursed costs must be agreed to by AOC and the Court. In no event shall AOC's reimbursement exceed AOC's total responsibility under the agreement and any amendments. s. Suspension for Convenience. AOC may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Court a minimum of seven (7) calendar days before the suspension date. Court shall resume performance on the first business day following the suspension period unless another day is specified in writing by AOC prior to the expiration of the suspension period. t. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. REV June 2026 A0C3395 Page 8 of 16 EXECUTED AND EFFECTIVE as of the day and date first above written. WASHINGTON STATE ADMINISTRATIVE JEFFERSON COUNTY JUVENILE COURT OFFICE OF THE COURTS JUVENILE COURT EARLY INTERVENTION PROGRAM Ci6608.-\ Z6 Signature Date Signature Da Christopher Stanley, CGFM Greg Brotherton Name Name Financial and Management Officer Jefferson Count County Board of County Commissioners Chair Title Title APPROVE AS TO LEGAL FORM ONLY: 0- 411F 07-10-2026 Si. atur- Date Jeremiah B. Luther Name Civil Deputy Prosecuting Attorney Title REV June 2026 A0C3331 Page 9 of 14 EXHIBIT A CASA/VOLUNTEER GAL PROGRAM COST GUIDELINES A. PURPOSE and SCOPE This document establishes the allowable cost guidelines for court-appointed special advocate CASA)Nolunteer GAL program reimbursements. It also sets forth the required documentation needed to support a reimbursement request. For FY 2026, the Administrative Office of the Courts AOC) will require supporting documentation be submitted with each reimbursement claim. B. DEFINITIONS Volunteer Guardian ad Litem. As defined in RCW 13.34.030(12): "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A court-appointed special advocate"appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter. CASANolunteer Guardian ad Litem Program. As defined in RCW 13.34.030(13): "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers. C. GENERAL The Legislature has previously stated that CASA/Volunteer GAL program funds are provided solely for court-appointed special advocate/volunteer GAL programs in dependency matters. The guidelines take into consideration the financial needs of a court working with court-appointed child advocates in dependency cases. These guidelines recognize the restrictions placed on CASA/Volunteer GAL program reimbursements and attempts to identify those costs that can and cannot be reimbursed. D. ROLES AND RESPONSIBILITIES 1. Court Program Manager Person designated by the court to manage the CASANolunteer GAL program contract according to its terms including report preparation, scope of work, and performance. Submits invoices and other required documentation in an accurate and timely manner. Keeps all supporting documentation for audit purposes for at least six years after contract expires. 2. AOC Program Manager Acts as central point of contact with the court. Approves invoices and submitted supporting documentation for CASANolunteer GAL program reimbursement. REV June 2026 AOC3395 Page 10 of 16 Reviews all reports required under the CASA/Volunteer GAL program agreement. Determines programmatic compliance of the CASANolunteer GAL Program agreement. Answers programmatic questions of the CASA/Volunteer GAL Program. Approves additional training and its related costs as sought by Courts for reimbursement. Provides guidance regarding audit-ready documentation that needs to be kept by Court. 3. AOC Comptroller Determines CASA/Volunteer GAL program annual fund allocation based on monies received from the Legislature; see Allocation Process section for allocation process details E. ALLOWABLE COSTS AND SUPPORTING DOCUMENTATION All costs claimed on each reimbursement request must be supported with back-up documentation. This may include time sheets, invoices, allocation assumptions, approved indirect or administrative overhead cost plans, etc. Descriptions of allowable costs and examples of appropriate back-up documentation are provided below. This list is not exhaustive. If there are questions about whether a cost is allowable and what will be accepted as appropriate back-up documentation, the Court Program Manager should seek direction and approval in writing from the AOC Program Manager in advance of the purchase and claim for reimbursement 1. Staff/FTE (salaries and benefits) Payroll record/time and attendance records related to the CASA/Volunteer GAL program. If an employee is not assigned fulltime to working with the CASANolunteer GAL program then compensation reimbursement must be proportioned to the amount of time the employee works with the CASANolunteer GAL program and must be documented by time and attendance records. NOTE: This does not mean that timesheets must be completed to track the time spent. Document the process for determining the amount of time the person(s) spend on CASA/Volunteer GAL duties. For example, keep track of time for at least a week and then determine the percentage to be charged. 2. Professional Services General - Detailed vendor invoice to include detailed description of work performed, contract number, hours, and hourly rate or time and attendance cards. All work must be related to the CASA/Volunteer GAL program and invoice must be approved by authorizing authority (i.e. court administrator or their delegate) before inclusion in reimbursement request. Attorney — Invoices must identify the specific case for which reimbursement is requested, hours worked, and the hourly rate that was charged. Reimbursement is only for the legal representation of the CASANolunteer GAL with regard to a specific case. There is no reimbursement for representation of a minor child. If the CASANolunteer GAL has legal representation there must be a court order that: 1) states the need for the representation; and (2) identifies the attorney being appointed to represent the CASA/Volunteer GAL. REV June 2026 A0C3395 Page 11 of 16 3. Goods Supplies o Actual Costs - Supplies should be necessary for the CASANolunteer GAL program and may include consumable supplies. o Costs Allocated by Internal Administrative Rate - Supplies may be allocated, but an internal administrative rate must be documented and approved by the court administrator. This internal administrative rate must be documented with the formula used to determine the rate. Documentation must be on file and available to AOC and State Auditor. 4. Equipment Actual Costs—Any major purchase must be approved by AOC Program Manager prior to purchase. Major purchase is defined as purchase of an item where the cost is greater than $500 or where the service/maintenance period on the equipment is greater than one year and could exceed $500 in total maintenance costs. Vehicle and other high cost items are not allowable purchases, however, periodic use of and billing from a centralized motor pool is allowable. The purchase of printers and laptops is allowable within the existing contract allocation as long as the equipment is only provided to perform CASA/Volunteer GAL program work. Costs Allocated by an Internal Administrative Rate — Equipment costs may be allocated, but reimbursement request must be documented by an internal administrative rate specific to the court and approved by the court administrator. The internal administrative rate documentation must be on file and available to AOC and State Auditor. 5. Training Reimbursement for attending the annual WACAP program (or CASA program depending on the court's affiliation) and the Children's Justice Conference is provided, not to exceed the published AOC travel and per diem rates. Any other paid training program where attendee is seeking reimbursement must be pre- approved, in writing, by the AOC Program Manager in advance of the training. 6. Travel Travel/Expense Vouchers from staff or volunteers for travel expense reimbursement for child, witness, parent, or other interviews related to a case filed with the court to which volunteer or CASANolunteer GAL program staff was assigned. CASA/Volunteer GAL program staff or volunteer may also be reimbursed for travel to and from the annual WACAP program (or CASA program depending on the court's affiliation) and the Children's Justice Conference. Travel expenses to any other training programs must be pre-approved, in writing, by the AOC Program Manager, and reimbursement is limited to the published AOC travel and per diem rates. REV June 2026 A0C3395 Page 12 of 16 CASA/Volunteer GAL Program Allocation Process Each biennium, an appropriation is provided by the Legislature to the AOC for child advocate program costs as reported by the courts. Allocation of the funding is based on caseload data from each county for active DEP cases per year. The caseload includes the following activity docket codes: DEPENDENCY PETITION DEPENDENCY REVIEW HEARING DEPENDENCY REVIEW HEARING ORDER DISMISSAL HEARING DISPOSITION HEARING-USE FOR CASETYPE 7 CASES ONLY FACT FINDING HEARING FACT-FINDING AND DISPOSITION HEARING FIRST DEPENDENCY REVIEW HEARING FIRST DEPENDENCY REVIEW HEARING ORDER ORDER OF DEPENDENCY ORDER OF DISMISSALS ORDER OF DISPOSITION ORDER OF DISPOSITION ON DEPENDENCY ORDER ON REVIEW HEARING PERMANENCY PLANNING HEARING PERMANENCY PLANNING HEARING ORDER PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP REVIEW HEARING SHELTER CARE HEARING. CONTESTED SHELTER CARE HEARING: UNCONTESTED SHELTER CARE ORDERS ORDER OF CONTINUANCES GENERAL ORDER CODE REV June 2026 AOC3395 Page 13 of 16 The AOC Comptroller maintains an allocation spreadsheet(model)that utilizes this caseload data to create a percentage of total statewide filings for each county, based on a moving average of three-year filings of each case type. After updated DEP data is collected,the data is loaded into the model which in turn uses a formula to create the statewide percentages by county. The percentages are applied to the appropriation amount by fiscal year, thus producing the allocation amounts available to counties. REV June 2026 AOC3395 Page 14 of 16 CASA/VOLUNTEER GAL PROGRAM MONTHLY DETAIL REPORT EXHIBIT B Administrative Office of the Courts submit monthly vvith A-19 invoice) COUNTY/COURT NAME: MONTH &YEAR: ADMINISTRATIVE Computer Set-Up CASA/WACAP Membership Dues Total $ STAFF/FTE Salaries Benefits Total $ CONTRACTS/ SERVICE DELIVERY Advertising Total $ GOODS/SERVICES Supplies Communication (Telephone/Postage) Other (Computer/Licenses) Total $ TRAVEL Mileage Per Diem Other (Registrations fees) Total $ GRAND TOTAL REV June 2026 A0C3395 Page 15 of 16 CASANolunteer GAL Program Bi-Annual Report to AOC Court'Program Name: Contract Number: Reporting Period: i.e. Jan-June or July-Dec 20XX) Person Reporting: Email: Phone: Today's Date: Filing Data t. Number of dependency petitions filed during the reporting period. 2. Number of children with a dependency petition filed during the reporting period who were appointee a CASA'Volunteer GAL 3. Number of children with a dependency petition filed during the reporting period who were appointee a staff or compensated GAL 4. Number of children with a dependency petition filed during the reporting period who were appointee en attorney. 5. Number of children with a dependency petition filed during the reporting period without representation Cumulative Data Total number of children with a CASAVolunteer GAL at the beginning of the reporting period 2. Totei number of children with a CASANolunteer GAL at the end of the reporting period. 3. Total number of children with a staff or compensated GAL at the beginning of the reportng period 4. Total number of children with a staff cr compensated GAL at the end of the reporting period 5. Total number of children with an attorney at the beginning of the reporting period(Pursuant to ROW 13.34 100). 5. Total number of children with an attorney at the ene of the reporting pence. 7. Total number of children without any representation at the beginning of the reporting period 8. Total number of children without any representation at the end of the reporting period. Fiscal and Staff Data of total program budget supported by state funds(excluding federal court improvement funds) 2. % of total program budget supported by co.rrty funds(maintenance of effcr.; 3. Number of program managers and or volunteer coordinators(total full or partial FTEsi. 4. Number of cem+nistrative staff(total full or partial FTEs). 5. Number of active volunteers Return completed report to Christopher:Stanley_acourts.wa.gov t,prxr.&R crgpraallrrd.AJGon7_ntals"E,l at a'.Es.ti c 5)l6 T C••_,4.v1 Etarrt.a Reearl•Tribiai&Exec Branch Ilona REV June 2026 A0C3395 Page 16 of 16 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Eric Kuzma,Public Works Director DATE:July 20,2026 SUBJECT: LETTER OF SUPPORT re: Transfer Station Modernization Project grant/loan application STATEMENT OF ISSUE: The Jefferson County Public Works Solid Waste Division is currently finalizing a traditional program grant application to the Washington State Public Woks Board(PWB)for the Transfer Station Modernization Project.To strengthen the application under tight state deadlines, staff is requesting a formal letter of support from the Board of County Commissioners highlighting regional governance backing. ANALYSIS: The Jefferson County Transfer Station is currently facing a critical convergence of structural,environmental, and mechanical liabilities,including an obsolete,40-year-old commercial scale infrastructure operating 15 years past its engineering service life. Additionally, following the catastrophic mechanical failure of the facility's waste consolidation crane on June 26,2026,material handling capacity has been severely constrained. The project aligns with the County's long-term capital planning and fiscal goals.The proposed replacement scales and scale house structures are proactively engineered as modular,relocatable assets, ensuring that they can transition directly to a new site if the county executes a long-term facility replacement plan over the next 8 to 10 years,thereby fully protecting public funds. Securing PWB grant and low interest loan assistance is the only viable path to prevent aggressive tip fee inflation within our enterprise fund,which would otherwise threaten vital low-income scale house discount programs and regional environmental safeguards. FISCAL IMPACT: The Solid Waste Division is applying for traditional program state grant and low interest loan funding.The County is asked to provide a letter of support;there is no direct impact on the General Fund. RECOMMENDATION: Staff recommends approving and signing the attached letter of support for the Jefferson County Transfer Station Modernization Project grand application. DEPARTMENT CONTACT: Justin Miskell, Solid Wate Operations Manager REVIEWED BY: Jo D. Peters,County Administrator Date ov COlva N ss Board of County CommissionersAD,44S co j0.. 1820 Jefferson Street ti PO Box 1220 tzt Port Townsend, WA 98368 qL1~ Heather Dudley-Nollette,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3SNINGI July 20th,2026 Public Works Board Washington State Department of Commerce P.O. Box 42525 Olympia,WA 98504-2525 RE: Letter of Support for the Jefferson County Transfer Station Modernization Project FY2027 Public Works Board Traditional Program Funding Members of the Board, The Jefferson County Board of County Commissioners endorses the County Public Works Department's application for Public Works Board(PWB) funding.As the sole solid waste management and processing hub on the northeastern Olympic Peninsula,the Jefferson County Transfer Station is critical infrastructure upon which our entire regional economy, environment,and public health depend. Operating far beyond its original design capacity,our 30-plus-year-old facility faces a critical convergence of structural, environmental,and mechanical liabilities.The recent catastrophic failure of the facility's waste consolidation crane has severely constrained material handling capacity. Compounding this,our obsolete 38- foot commercial scales date back 40 years; from before the current facility and 15 years past their useful service life, forcing inefficient split-weighing that creates severe traffic queuing hazards on adjacent public roadways. Furthermore,our aging subterranean leachate containment infrastructure represents an active environmental vulnerability. This modernization project is a model for fiscal stewardship and long-term planning. Crucially,the replacement scales and scale house structures are proactively engineered as modular,relocatable assets. As the County executes its long-term facility replacement plan over the next 8 to 10 years,these PWB-funded components will transition directly to the new site, ensuring full useful service life and protecting public dollars. Furthermore,because our enterprise fund relies on user fees rather than general tax revenues,securing PWB funding assistance is the only viable path to preventing aggressive tipping fee inflation.Unmitigated capital deficits would force severe budget reallocation,threatening our vital low-income scale house discount program and regional environmental safeguards. This project protects our citizens, secures critical regional municipal solid waste support chains,and remediates acute environmental and public safety risks.We urge the Public Works Board to fully fund this essential infrastructure request. Sincerely, Jefferson County Washington Board of County Commissioners Heather Dudley-Nollette,Dist. 1 Heidi Eisenhour,Dist. 2 Greg Brotherton,Dist. 3-Chair Phone (360) 385-9100 jeffbocc@co.jefferson.wa.us Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: July 20, 2026 Subject: Execution of Contract for; Pavement Marking on County Roads in Calendar Years 2026 through 2027. Statement of Issue: Execution of Contract with Specialized Pavement Marking LLC, of Tualatin, OR, for the project referenced above. Analysis/Strategic Goals/Pro's Et Con's: The Board awarded a bid for 2026-2027 pavement marking services to the above- named party on March 9. This program is consistent with County goals in that it provides for preservation of traffic control infrastructure on Jefferson County roads. Fiscal Impact/Cost Benefit Analysis Contracted pavement marking services are accounted for in the Public Works Road Operations Budgets. The estimated Contract amount for this (2) year contract is 201,775.00 Recommendation: Public Works recommends the Board to execute the contract for pavement marking services with Specialized Pavement Marking, LLC and requests the Board to sign the two (2) Contracts where indicated, and return one signed original Contracts to Public Works for final processing Department Contact: Conor Ferry, Project Manager, 360-385-9168. Reviewed By: Josh ters, County Administrator ate CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) i(/p b -- fV1 CONTRACT WITH: SPECIALIZED PAVEMENT MARKING LLC Contract No: 18020490 Contract For: Pavemeni Marktng on Jefferson County Roads for Calendar Years 2026 through 2027 Term: 2026 through 2027 COUNTY DEPARTMENT: Jefferson County Public Works Contact Person: Conor Ferry Contact Phone: 360-385-9168 Contact email: Cferry@co.jefferson.wa us AMOUNT: $201,775.00 PROCESS: Exempt from Bid Process Revenue: 180000010.311.10.00.0000 Cooperative Purchase Expenditure: 180000010.54200.48.0000 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 I: DEPARTMENT CERTIFIES C PLIANCF WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: 7. tiI Z......-..__..-....._.— Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: !' I N/A: nB_ 6 izIDte‘Signature STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/15/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/15/2026. Pre-approved contract form. DPA Luther reviewed and approved on 7- 15-2026. 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 CONSTRUCTION CONTRACT JEFFERSON COUNTY,WASHINGTON THIS CONSTRUCTION CONTRACT(the Contract) is made and entered into this 30th day of March,2026, between Jefferson County,Washington(the County), acting through the Jefferson County Board of Commissioners and the Director of Public Works and Specialized Pavement Marking, LLC of Tualatin, Oregon. (the Contractor). In consideration of the terms and conditions below and made a part of the Contract, the parties hereto covenant and agree as follows: 1. Effective Date. The Contract is effective on the day the last party signs it. 2. Notice to Proceed. The work described in the Scope of Services below shall begin not later than 60 days after a Notice to Proceed is issued by the County. A Notice to Proceed may be issued by the County for separate phases of the work, as described in the Scope of Services below. 3. Scope of the Work. The Contractor shall undertake and complete the following described work: Furnish all labor and equipment necessary to complete Pavement Marking on various Jefferson County Roads in Calendar Years 2026 through 2027, with work to include installation of materials provided by the County of Jefferson consisting of all traffic paint and reflective beads required to complete the work. for the total sum of two hundred one thousand seven hundred seventy-five dollars 201,775.00) in accordance with the terms and conditions of below. The intent of the Contract is to prescribe a complete Work. Omissions from the Contract of details of Work that are necessary to carry out the intent of the Contract shall not relieve the Contractor from performing the omitted Work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies, and incidentals required to complete all Work for the items included in the Proposal. When the Contract specifies Work that has no Bid item,and the Work is not specified as being included with or incidental to other Bid items, an equitable adjustment will be made in accordance with Section 1-04.4 of the Standard Specifications for Road,Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation WSDOT),unless that Work is customarily considered as incidental to other items. The complete Contract includes these parts: (1) the Contract, including all Exhibits; (2) the Contract Provisions (Special Provisions), including any standard items listed in them which are incorporated by reference, and the Standard Specifications: (3) the Bidder's completed Proposal Form,Contract Plans; (4)All Addenda; and, (5)All attachments,which may include, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). These parts complement each other in describing a complete Work. Any requirement in one part binds as if stated in all parts. Construction Contract Contract G Version 1. 1 Page 1 of 16 The Contractor shall provide all Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. If there is an inconsistency in the Contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order (e.g., 1 presiding over 2, 3,4, 5, and 6; 2 presiding over 3, 4, 5, and 6; and so forth): 1. Addenda; 2. Bidder's Completed Proposal; 3. The Contract terms and conditions,including Exhibit F(Additional Requirements),if any; 4. Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference; 5. Contract Plans; 6. Standard Specifications; 7. County's Standard Plans or Details(if any); and, 8. Standard Plans. The above eight items will be provided according to Division 1.02.2 of the project specifications. On the Contract Plans, Working Drawings, and Standard Plans, figured dimensions shall take precedence over scaled dimensions. This order of precedence shall not apply when Work is required by one part of the Contract but omitted from another part or parts of the Contract. The Work required in one part must be furnished even if not mentioned in other parts of the Contract. If any part of the Contract requires Work that does not include a description for how the Work is to be performed,the Work shall be performed in accordance with standard trade practice(s). For purposes of the Contract, a standard trade practice is one having such regularity of observance in the trade as to justify an expectation that it will be observed by the Contractor in doing the Work. In case of ambiguities or disputes over interpreting the Contract, the Engineer's decision will be final as provided in Section 1-05.1 of the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation(WSDOT). The Contractor shall provide and bear the expense of all equipment,work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work required in the Contract and every part thereof. Construction Contract Contract G Version 1.1 Page 2 of 16 The Contractor shall perform any alteration in or addition to the work provided in the Contract and every part thereof. 4. Agreement to Full Performance. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Insurance Coverages Required. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in Washington State with a current A.M. Best rating of no less than A: a. Workers Compensation Insurance. The Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term 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 state and federal laws. This coverage shall extend to any subcontractor without their own worker's compensation and employer's liability insurance. b. Commercial General Liability Insurance. The Contractor shall maintain Commercial General Liability Insurance with a minimum limit per occurrence of one million dollars 1,000,000) and an aggregate of not less than two million dollars($2,000,000) for bodily injury,death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following 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 contractors only); iv. Premises - Operations Liability(M&C); v. Independent Contractors and Subcontractors; and vi. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. The Contractor shall maintain coverage arising out of the Contractor's completed operations for at least three years following completion of the work described in the Scope of Services. c. Automobile Liability Insurance. The Contractor shall maintain a policy of Automobile Liability Insurance with a minimum limit per occurrence of$1,000,000 for bodily injury and property damage, unless otherwise specified in the Special Provisions. This insurance shall contain the following coverage: Construction Contract Contract G Version 1.1 Page 3 of 16 i. Owned automobiles; ii. Hired automobiles; and, iii. Non-owned automobiles. The County shall be named as an additional insured party under this policy. 6. Requirements Applicable to All Insurance Policies. a. The C2ontractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed.The County reserves the right to approve or reject the insurance provided,based upon the insurer's financial condition. b. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension,reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. c. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. d. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. e. 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 the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. f. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. g. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. h. 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 parties and be primary coverage for any and 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 Construction Contract Contract G Version 1. 1 Page 4 of 16 payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. i. Judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. j. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. k. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Chapter 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with the Contract. 1. If the proof of insurance or certificate of coverage indicating the County is an"additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name)but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of the Contract. m. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. n. Section 5 (Insurance Coverages Required) and this Section shall survive the expiration or termination of the Contract. 7. Compliance with Laws. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under the Contract. The Contract shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. 8. Indemnity. The Contractor shall defend, indemnify and hold the County,its officers,officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of the Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that the Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Claims against the County for which indemnity is provided include, but are not limited to claims that the use and transfer of any software,book, document,report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright,patent,trademark,trade name, or otherwise results in an unfair Construction Contract Contract G Version 1. 1 Page 5 of 16 trade practice or an unlawful restraint of competition. This section shall survive the expiration or termination of the Contract. 9. Contractor's Assumption of the Liability of its Employees. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under the Contract and,solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. If the County incurs any costs to enforce this subsection, all cost and fees shall be recoverable from the Contractor. This section shall survive the expiration or termination of the Contract. 10. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of the Contract shall be submitted in writing within 10 days to County Risk Manager, whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under the Contract,each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. The provisions of this section shall survive the expiration or termination of the Contract. 11. Independent Contractor. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under the Contract shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 12. Contract Bond or Statutory Retained Percentage. The County, at its option, may demand that the Contractor deliver to the County an executed Contract Bond as security for the faithful performance of the Contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond; the County shall withhold 10%of the contract amount in accordance with RCW 39.08.010. If applicable,the Contractor shall indicate this option on Exhibit D. The Contractor shall declare a management option of the statutory retained percentage on Exhibit E. 13. No Oral Waiver. No term or provision of the Contract 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. Construction Contract Contract G Version 1.1 Page 6 of 16 14. Subcontracting Requirements. Contractor 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 a breach of the Contract. Contractor 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 the Contract. Contractor 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 Public Works Director or their designee must approve any proposed subcontractors in writing. Any dispute arising between Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of County and without detrimental impact on Contractor's performance required by the Contract. 15. Covenant Against Contingent Fees. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure the Contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, County shall have the right to annul the Contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Public Records Act. Notwithstanding the provisions of the Contract to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist County in producing such records, within the time frames and parameters set forth in state law.Contractor further agrees that upon receipt of any written public record request,Contractor shall,within two business days,notify County by providing a copy of the request per the notice provisions of the Contract. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Construction Contract Contract G Version 1. 1 Page 7 of 16 18. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 19. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of the Contract include: (a) controlling law; (b) insurance; and, (c) indemnification. 20. Binding on Successors, Heirs and Assigns. The Contract shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 21. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by the Contract without the express written consent of the County. 22. No Third-party Beneficiaries. The parties do not intend, and nothing in the Contract shall be construed to mean, that any provision in the Contract is to benefit any person or entity who is not a party. 23. Modification of the Contract.The Contract may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 24. Signature in Counterparts.The Contract 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 the Contract at different times and places by the parties shall not affect the validity of the Contract, so long as all the parties execute a counterpart of the Contract. 25. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 26. Arms-Length Negotiations.The parties agree the Contract has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 27. Maintenance of Records. Each party shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either to perform the Contract. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to the Contract will be retained for six years after expiration of agreement.The Office of the State Auditor, federal auditors,the Jefferson County Auditor,and any persons duly authorized by the parties shall have full access and the right to examine these materials during this period. 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. Records and other documents, in any medium, furnished by one party to the Contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. Construction Contract Contract G Version 1.1 Page 8 of 16 28. Attachments. Any document in the Contract identified as an attachment or exhibit is part of the Contract and is incorporated by reference into the Contract. 29. Reference to Sections in the Contract. Any reference to a section in the Contract is a reference to a section of the Contract, unless clearly stated to the contrary. 30. Representations and Warranties. The parties represent and warrant that: a. Each person signing the Contract is fully authorized to enter into the Contract on behalf of the party for whom signature is being made; b. Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of the Contract will violate no provision of law or of any party's articles of incorporation, charter, or by-laws; d. Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of the Contract and that no further corporate or other internal approval is necessary; and, e. Each party has read the Contract in its entirety and know the contents of the Contract, that the terms are contractual and not merely recitals, and that they have signed the Contract, having obtained the advice of legal counsel. 31. Index of Exhibits. An index of exhibits to the Contract is below. Checking one of the boxes below means that such an exhibit is effective. Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion n Exhibit B: Certification of Compliance with Wage Payment Statues Exhibit C: Contract Bond, Jefferson County, Washington Exhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000 Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Exhibit F: Additional Requirements SIGNATURES FOLLOW ON THE NEXT PAGE) Construction Contract Contract G Version 1.1 Page 9 of 16 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written,and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor 20 Contractor: Please print) By: Please print) Signature) State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Heather Dudley-Nollette, District 1 Date Heidi Eisenhour, District 2 Date Greg Brotherton, District 3 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Phili C. unsucker Date Chie iv' Deputy Prosecutor 1 744 Eric uz , Date Public Wo s Director Construction Contract Contract G Version 1.1 Page 10 of 16 r EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief,that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a 3-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 connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) 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(2) of this certification; and 4) Have not within a 3-year period preceding the Contract had one or more public transactions(Federal, State, or local)terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification,such Contractor shall attach an explanation. Name of Contractor(Please print) Name and Title of Authorized Representative(Please print) Signature of Authorize Representative I am unable to certify to the above statement. An explanation is attached. Construction Contract Contract G Version 1.1 Page 11 of 16 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date the bidder is not a"willful"violator, as defined in RCW 49.48.082, or any of the provisions of Chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship Partnership Joint Ventures Corporation State of Incorporation,or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: If a corporation,proposal must be executed in the corporate name by the president or vice- president(or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership,proposal must be executed by a partner. Construction Contract Contract G Version 1. 1 Page 12 of 16 EXHIBIT C CONTRACT BOND—JEFFERSON COUNTY,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That of as Principal, and as Surety,are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of dollars($ for the payment of which we jointly and severally bind ourselves,or heirs, executors,administrators,and assigns,and successors and assigns,firmly by these presents. The condition of this bond is such that WHEREAS, on the day of 20_, the said Principal herein, executed a certain contract with the County of Jefferson,by the terms, conditions and provisions of which contract the said Principal herewith, agrees to furnish all materials and do certain work, to-wit: That the said Principal herein shall undertake and complete the following described work: in Jefferson County, Washington, as per maps, plans and specifications made a part of said contract, which contract as so executed,is hereunto attached,and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW THEREFORE,if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract,in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work,and shall in all respects faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full force and effect. WITNESS our hands this day of 20 PRINCIPAL SURETY COMPANY By: By: By: Attorney-in-fact Address of local office and agent of surety company: Construction Contract Contract G Version 1.1 Page 13 of 16 EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000 A. A Contract Bond shall be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County shall withhold 10%of the Contract amount. Date Signed Constriction Contract Contract G Version 1. 1 Page 14 of 16 EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of the Contract held in a fund by the County until(30) days following final acceptance of the work. Date Signed B. I hereby elect to have the County deposit the retained percentage of the Contract in an interest bearing account,not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the County invest the retained percentage of the Contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute.The County shall not be liable in any way for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with RCW 60.28.011. Date Signed Construction Contract Contract G Version 1. 1 Page 15 of 16 EXHIBIT F ADDITIONAL REQUIREMENTS The following additional requirements apply: [ADD REQUIRED TERMS OR APPENDICES HERE.] Construction Contract Contract G Version 1.1 Page 16 of 16 t. VI N O\ Payroll Expense Report 7/2/2026 PAYROLL DATE 260702 PAYROLL WARRANT# Payroll Checks: $ N/A Check#'s: Click or tap her t;; enter text. Payroll Direct Deposit: $ N/A Advice #'s: ck or tap here to enter text. Benefits Paid: $ 183,223.88 AP Warrant#'s: Elect. Pymnts Total: $ 183,223.88 Payment of Jefferson County Payroll Warrants Dated July 2,2026 Totaling $183,223.88(Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) BoCC Chair OC. ti Payroll Expense Report 07/ 20/2026 PAYROLL DATE 260720 PAYROLL WARRANT# Payroll Checks: $0.00 Check#'s: N/A Payroll Direct Deposit: $63,529.52 Advice#'s: 10102549- 10102611 Benefits Paid: $11,821.14 AP Warrant#'s: Elect. Pymnts Total: $75,350.66 Payment of Jefferson County Payroll Warrants Dated July 20,2026 Totaling $75,350.66(Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) BoCC Chair Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: July 20, 2026 Subject: County Right-of-Way Procedures Update Statement of Issue: Public Works requests approval of the attached Resolution adopting updated County Right-of-Way Procedures. Analysis/Strategic Goals/Pro's & Con's: Washington State Department of Transportation ("WSDOT") requires local jurisdictions to update their Right-of-Way Procedures ("ROW Procedures") at least once every three years. Jefferson County last updated its ROW Procedures in 2023. The proposed ROW Procedures incorporate Appraisal Waiver Valuation Policy, Administrative Settlement Authority Policy, and a new Relocation Appeal Policy in one document. As required by WSDOT, the updated ROW Procedures identify staff by name for Program Administration, Acquisition, Appraisal, Relocation and Property Management. Fiscal Impact/Cost Benefit Analysis: The updated ROW Procedures adopt previously set monetary limits for staff to acquire right-of-way, to reach administrative settlements and to waive appraisals. Approval of these procedures will allow Jefferson County Public Works to maintain eligibility for federal and state transportation funding. Recommendation: Public Works requests the Board sign the attached Resolution incorporating the updated ROW Procedures and return it to Public Works for further processing. The updated ROW Procedures will not become effective until signed by the County's Local Program Right-of-Way Manager at WSDOT. Department Contact: Josh Thornton, Real Property Specialist, 385-9162. Reviewed By: IIg7(iLt Jose 'eters, County Administrator Date STATE OF WASHINGTON County of Jefferson In the Matter of Updating Right-of-Way Acquisition Procedures and Replacing Jefferson County Resolution No. 11-23 and Superseding Previously-Adopted Appraisal RESOLUTION NO. Waiver Procedures WHEREAS, Jefferson County adopted its most recent Right-of-Way Acquisition Procedures (ROW Procedures)in 2023, and; WHEREAS, Jefferson County's Right-of-Way Procedures were last approved by the Washington State Department of Transportation(WSDOT) on April 7, 2023, and; WHEREAS, current WSDOT rules require ROW Procedures to be updated every three years, and; WHEREAS, to ensure compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and applicable state regulations, it is necessary to formally adopt and integrate a Relocation Appeal Procedure into the County's Right-of-Way Procedures; and WHEREAS, Jefferson County desires to continue to acquire real property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act(Ch. 8.26 RCW), State regulations(Ch. 468-100 WAC) and applicable Federal Regulations, and; WHEREAS, the following Right-of-Way Procedures, including the appointment of staff responsible for various elements of the right-of-way acquisition process, replace Jefferson County Resolution 11-23 and supersede previously adopted Appraisal Waiver Procedures, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY STATE OF WASHINGTON,AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact for this resolution. Section 2. Purpose. This resolution adopts the attached updated Right-of-Way Procedures, Administrative Settlement Policy, Waiver Valuation Policy, and Relocation Appeal Policy maintaining eligibility for federal and state funding for transportation projects. Section 3. Adopt Updated Right-of-Way Procedures. The attached Right-of-Way Procedures, Administrative Settlement Policy, Waiver Valuation Policy, and the new Relocation Appeal Policy are hereby adopted and all previous versions repealed. Section 4. SEPA Categorical Exemption. The adoption of updated Right-of-Way Procedures, Administrative Settlement Policy, Waiver Valuation Policy, and Relocation Appeal Policy are categorically exempt from SEPA environmental review pursuant to WAC 197-11-800(14)(H) and WAC 197-11-800(19)(b). Section 5. Effective Date. This Resolution shall take effect and be in full force immediately upon approval and adoption by the Jefferson County Board of Commissioners and Washington State Department of Transportation- Local Programs. APPROVED AND ADOPTED this day of 2026 in Port Townsend,Washington. SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Heather Dudley-Nollette, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3, Chair ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney Right of Way Procedures Jefferson County(Agency), needing to acquire real property(obtain an interest in and/or possession of) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law(Ch. 8.26 RCW), and state regulations(Ch. 468-100 WAC) hereby adopts the following procedures to adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way(ROW) in accordance with the policies outlined in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG) Manual. 1. Below is a list of Agency staff, by name and position titles, who are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provide a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. a. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: i. PROGRAM ADMINISTRATION: Oversee the delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are conducted in compliance with federal and state laws,regulations,policies, and procedures. Responsibilities/Expectations: Ensures the Agency's approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff; Oversight of ROW consultants; o Ensure that the hired consultants meet the minimum requirements outlined in ROW Manual Chapters 2 & 8 and Chapter 3 for Appraisal and Appraisal Review. o Use of consultant contract approved by WSDOT o Management of ROW contracts o Management of ROW files o Reviews and approves actions and decisions recommended by staff& consultants o Overall responsibility for decisions that are outside the purview of consultant functions Sets Just Compensation before offers are made; Oversight and approval of Waiver Valuations per policy; Oversight and approval of Administrative Settlements per policy; o Ensure that Administrative Settlements are reviewed and accepted by the Local Agency Coordinator prior to final signature. Ensure the Agency has a relocation appeal process before starting relocation activities; Obligation authority for their Agency; Obtain permits (Non-Uniform Relocation Act(URA)); Ensures there is a separation of functions to avoid conflicts of interest. Verifies whether ROW is needed and that the property rights and/or interests needed are sufficient to construct, operate, and maintain the proposed projects. See LAG Appendix 25.171, 25.1726, and the No ROW Checklist(LPA-008). JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 1 Monte Reinders, P.E., County Engineer Roads/Fleet Operations Manager Eric Kuzma, Public Works Director Samantha Harper, P.E., Engineering Services Manager/Wastewater Project Manager Mark Thurston, P.E., Project Manager, Engineer IV John Fleming, P.E., Project Manager, Engineer III Bruce Patterson, P.E., Project Manager, Engineer III Josh Thornton, Right-of-Way Agent,Real Property Specialist II Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at https://wsdot.wa.gov/business-wsdot/support-local-programs/local-programs-training/right-way- training-education ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are consistent and in compliance with state and federal laws,regulations,policies, and procedures. Responsibilities/Expectations: Use only qualified agency staff or consultants who meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal work; Prepare ROW Funding Estimate(not required to be completed by an appraiser& only when there are federal funds in the ROW Phase); Prepare Waiver Valuation; Obtain specialist reports; Coordinate with engineering,program administration, acquisition,relocation, and/or property management. Contract with a Qualified Consultant. iii. APPRAISAL REVIEW: Review appraisals for federal aid projects for the Agency to ensure they are adequate and reliable, supported by reasonable data, and approve appraisal reports. Ensure appraisals are adequately supported,represent fair market value and applicable costs to cure, and are completed in compliance with state and federal laws, regulations,policies, and procedures. Responsibilities/Expectations: Use only qualified agency staff or consultants that meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal review work; Ensures project-wide consistency in approaches to value, use of market data, and costs to cure; Coordinate with engineering, program administration, acquisition,relocation, and/or property management. Contract with a Qualified Consultant. iv. ACQUISITION: Acquire, through negotiation with property owners, real property or real property interests rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations,policies, and procedures. JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 2 Responsibilities/Expectations: Use only qualified staff/consultants to perform acquisition activities for real property or real property interests, including donations; Staff and consultants must meet the requirements outlined in ROW Manual Chapters 2 & 8 To avoid a conflict of interest, when the acquisition function prepares a Waiver Valuation, it only acquires property valued at$15,000 or less; Provide and maintain a comprehensive written account of acquisition activities for each parcel; Prepare Waiver Valuation justification and obtain approval; Prepare Administrative Settlement and obtain approvals; Prepare Right of Way Funding Estimate(when there are federal funds in the ROW Phase); Review title, and recommend and obtain approval for acceptance of encumbrances; Ensure acquisition documents are consistent with ROW plans, valuation, and title reports; Provide a negotiator disclaimer; Maintain a complete, well-organized parcel file for each acquisition; Coordinate with engineering,program administration, appraisal, relocation, and/or property management. Monte Reinders, P.E., County Engineer Roads/Fleet Operations Manager Eric Kuzma, Public Works Director Samantha Harper, P.E., Engineering Services Manager/Wastewater Project Manager Mark Thurston, P.E., Project Manager, Engineer IV John Fleming, P.E., Project Manager, Engineer III Bruce Patterson, P.E., Project Manager, Engineer III Josh Thornton, Right-of-Way Agent, Real Property Specialist II Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at https://wsdot.wa.gov/business-wsdot/support-local- programs/local-programs-training/right-way-training-education v. RELOCATION: Provide relocation assistance to occupants of property considered displaced by federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: Only qualified staff/consultants are used to perform relocations that meet the requirements outlined in ROW Manual Chapters 2 & 8. Prepare and obtain approval of relocation plan before starting relocation activities; Confirm relocation appeal procedure is in place; Provide required notices and advisory services; Make calculations and provide recommendations for the Agency approving authority before making payment; JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 3 Obtain all necessary items to present and receive approvals for the various move options, including, if applicable, a Moving Cost Estimate, Commercial Mover Estimate, or Move Cost Finding. Provide and maintain a comprehensive written account of relocation activities for each parcel; Maintain a complete, well-organized parcel file for each displacement; Ensure occupants and personal property are removed from the ROW; Coordinate with engineering,program administration, appraisal, acquisition, and/or property management. Contract with a Qualified Consultant. vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure the control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the Agency. Ensure that property management activities comply with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: Only qualified staff/consultants are used to perform property management that meets the requirements outlined in ROW Manual Chapters 2 & 8. Account for use of proceeds from the sale/lease of property acquired with federal funds on other Title 23 eligible activities; Keep ROW free of encroachments; Obtain WSDOT/FHWA approval for a change in access control along the interstate; Maintain property records; Ensure occupants and personal property are removed from the ROW; Maintain a complete, well-organized property management file; Coordinate with engineering,program administration, appraisal, acquisition, and/or property management. Monte Reinders, P.E., County Engineer Roads/Fleet Operations Manager Eric Kuzma, Public Works Director Samantha Harper, P.E., Engineering Services Manager/Wastewater Project Manager Mark Thurston, P. E., Project Manager, Engineer IV John Fleming, P.E., Project Manager, Engineer III Bruce Patterson, P.E., Project Manager, Engineer III Josh Thornton,Right-of-Way Agent, Real Property Specialist II b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes using qualified consultants for any of the above functions must work closely with its Local Agency Coordinator(LAC) and Local Programs to ensure all requirements are met. The LAC must be given an opportunity to review all offers and supporting data before offers are made to the JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 4 property owners.The number of spot-check reviews depends on the project scope, the complexity of acquisitions, the local agency's level of experience, and past performance. Spot-check reviews will reduce the risk of delays during ROW Certification. The LAC may request additional information or parcel files to ensure local agency compliance. c. The Agency's Administrative Settlement Procedures, indicating the approval authorities and the procedures involved in making administrative settlements, need to be included with these procedures see Exhibit A). d. An Agency wishing to take advantage of the Waiver Valuation process for properties valued up to 35,000 or less must complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and Local Programs ROW at any time, and all project documents shall be retained and available for inspection during the plan development, ROW, and construction stages and for three years following Local Programs' acceptance of the projects. 3. Local Programs ROW may rescind its approval of the agency's procedures at any time the Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may apply to all or part of the approved functions. 4. The Agency must review these procedures every three years to verify that they are current. Procedures need to be updated for one or more of the following reasons: a. Staff Changes b. If the Agency is considering early acquisition for an unfunded project, the Agency must have current procedures. c. A change is requested regarding staff who can perform specified activities. d. Revisions to the ROW Program, such as statutory, regulatory, or policy changes. Signatures on following page/ JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 5 Monte Reinders, P.E. Date Jefferson County Public Works County Engineer, Roads/Fleet Operations Manager ihk02,6 Eric Kuzma Date Jefferson County Public Works Public Works Director Washington State Department of Transportation Approved By: Local Programs Right of Way Manager JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page 6 EXHIBIT A Agency's Administrative Settlement Policy Jefferson County(Agency) shall make every reasonable effort to expeditiously acquire real property by negotiation. However, the purchase price for the property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and the Agency approves an Administrative Settlement as being reasonable,prudent, and in the public interest. An Administrative Settlement is a negotiated settlement of a right-of-way acquisition case in which the Agency has administratively approved payment in excess of the Agency's offer of just compensation. Administrative Settlements are a valuable tool for avoiding litigation(thus relieving congestion in the courts) and avoiding project construction schedule delays. The following nonexclusive factors shall be considered in determining whether to pursue an Administrative Settlement: 1. All available appraisals, including the property owner's, comparable sales not included in an appraisal, and changes in the real estate market since the appraisal was completed. 2. Ability of the Agency to acquire the property through the condemnation process. 3.Impact of construction delays. 4. Parcel-specific information and owner's rationale for increased compensation. 5. Recent court awards in cases involving similar acquisition and appraisal disputes. 6.Opinion of legal counsel, when appropriate. 7. Trial costs weighed against other factors. The authority granted to County officials to provide Administrative Settlements is as follows: A. Right-of-Way Representative—authorized to make a counter-offer of Just Compensation plus an Administrative Settlement not to exceed 20%of the Just Compensation value, or a total counteroffer of 5,000,whichever is greater. B. Project Manager—authorized to make a counter-offer of Just Compensation plus an Administrative Settlement not to exceed 30%of the Just Compensation value, or a total counteroffer of 10,000, whichever is greater. C. Public Works Director/County Engineer- authorized to make a counter-offer of Just Compensation plus an Administrative Settlement not to exceed 50% of the Just Compensation value, or a total counteroffer of$25,000, whichever is greater. D. Board of County Commissioners - authorized to make a counter-offer of Just Compensation plus an Administrative Settlement in excess of 50%of the Just Compensation value. Signatures on following page] JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page A-1 e Monte Rein ers, P.E. Date Jefferson County Public Works County Engineer, Roads/Fleet Operations Manager 11g1UI°4 Eric Kuzma Date Jefferson County Public Works Public Works Director Washington State Department of Transportation Approved By: Local Programs Right of Way Manager JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page A-2 EXHIBIT B Agency's Waiver Valuation Policy Jefferson County, hereinafter(Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C, 49 CFR Part 24, and State directives, and desiring to take advantage of the waiver valuation process approved by the Federal Highway Administration(FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation(WSDOT) as follows: Rules A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple, has a low fair market value, and the compensation estimate(including the cost to cure items) and the estimated property value are under$35,000. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers of$15,000 or less. C. The Agency must inform the property owner(s)that an appraisal has not been completed on the property for offers over$15,001 and up to $35,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in preparing the Waiver Valuation, as no review is mandated, the preparer needs to ensure that the compensation is fair and that all the calculations are correct. Procedure A. A Waiver Valuation is prepared using comparable sales found and verified during preparation. B. The Waiver Valuation is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Once the local agency coordinator has completed a spot check for the project, an offer to the property owner(s)is authorized upon signature. C. The Agency's minimum payment policy is $500. Signatures on following page] JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page B-1 Monte Reinders, P.E. Date Jefferson County Public Works County Engineer, Roads/Fleet Operations Manager 115 11417' Eric K a Date Jefferson Co ty Public Works Public Works Director Washington State Department of Transportation Approved By: Local Programs Right of Way Manager JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page B-2 EXHIBIT C Jefferson County Relocation Appeal Policy A) Appealable Actions. Any aggrieved person, family,business, farm operation, or non-profit organization may file a written appeal with Jefferson County in any case in which the person believes that the County has failed to properly consider their eligibility for relocation assistance. Such assistance may include,but is not limited to, their eligibility for, or the amount of, a payment required under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(49 CFR Part 24), and Chapter 8.26 RCW/Chapter 468-100 WAC, and other applicable statutes, laws or rules. B)Time Limit for Initiating Appeal. A person must file a written appeal with the Public Works Director within sixty(60) calendar days of receipt of the County's written determination of eligibility or entitlement. This written appeal shall be addressed to the Public Works Director, Jefferson County, 623 Sheridan St,Port Townsend, WA 98368. Failure to timely file an appeal shall result in waiver of any appeal right. C)Appeal Requirements. Appeals must be in writing and include the applicable appeal fee if any. The appeal shall include the following: 1. The project name 2. The Assessor's Tax Parcel number of the real property involved 3. Date of the relocation notice that is being appealed 4. Name of the aggrieved party or parties ("appellant(s)") 5. A statement of issues/concerns 6. An explanation of what the appellant is claiming; all facts,reasons, and any supporting evidence as to the nature of the grievance or why the appellant is otherwise aggrieved. 7. The relief requested 8. The signature, current address and telephone number of the appellant or the person's authorized representative. D)Right to Representation and Inspection of Documents. Any appellant has a right to be represented by legal counsel or other representative in connection with their appeal,but solely at their own expense. The appellant shall have a right to inspect and copy all written materials in the County's files pertinent to their appeal, subject to reasonable conditions consistent with the Public Records Act. The County shall have the right to charge a reasonable fee for providing copies of documents requested. E) Scope of Review of the Appeal. Appeal to Public Works Director. Within thirty(30)days of receipt of an appeal via this Policy, the Public Works Director will evaluate the appeal to determine if it is complete. The Public Works Director will send written notice to the appellant informing them if the appeal has been determined to be complete or requesting additional information. If the appeal is determined to be complete, the Public Works Director will issue and mail to the appellant a written decision on the appeal,based on applicable relocation assistance regulations, within thirty(30) days of the date of notice of completeness. If additional information is necessary to process the appeal, the Public Works Director will request the appellant to file any additional information within fifteen 15)days. Within thirty(30)days of(a)receiving the requested additional information, or(b)the deadline for receiving the requested additional information if sufficient additional information is not received, the Public Works Director will issue and mail to the appellant a written decision on the appeal based on applicable JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page C-1 relocation assistance regulations. A written decision on appeal issued by the Public Works Director pursuant to this section shall be the County's final decision unless an appeal of the Public Works Director's decision is filed. F) Appeal of Public Works Director Determination to Hearing Examiner. If the appellant believes the Public Works Director has not correctly evaluated the appeal, the appellant may appeal the decision of the Public Works Director to the Hearing Examiner by filing a written appeal with the Public Works Director within thirty(30) days of the date of mailing of the Public Works Director's decision. Appeals filed after the thirty(30)day period has lapsed will not be considered. The Hearing Examiner will conduct an open record hearing and review and make the final decision of the County on the appeal based on applicable relocation assistance regulations. The administrative costs directly charged by the independent Hearing Examiner for conducting the hearing shall be shared equally between the County and the appellant(s), unless such a split would impose an unmanageable financial hardship on a displaced individual as determined by the Public Works Director. r---M 7i .6 Monte Reinders, P.E. Date Jefferson County Public Works County Engineer, Roads/Fleet Operations Manager 4d•4614.0 Eric Kuzma Date Jefferson County Public Works Public Works Director Washington State Department of Transportation Approved By: Local Programs Right of Way Manager JEFFERSON COUNTY RIGHT OF WAY PROCEDURES Page C-2 STAFF RESUMES Monte Reinders, P.E. CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9242(direct)/360-531-0163 (cell) mreinders(a,co jefferson.wa.us EDUCATION B.S.Civil Engineering, California Polytechnic University, 1991 WA State Civil Engineering P.E.#34444, 1997 EMPLOYMENT 2026—Present: County Engineer—Roads and Fleet Operations Manager, HISTORY Jefferson County Public Works,Port Townsend,WA 2014—2026: Public Works Director/County Engineer,Jefferson County Public Works,Port Townsend,WA 2004—2014: County Engineer,Jefferson County Public Works 1998—2004: Engineer III, Jefferson County Public Works 1997— 1998: Geotechnical Engineer,Giles Engineering,Lynnwood,WA 1991 — 1997: Geotechnical E.I.T.,AGRA Engineering, Inc.,Kirkland,WA CURRENT JOB Mr. Reinder's responsibilities while employed at Jefferson County have RESPONSIBILITES included all aspects associated with managing and designing public works road projects and sewer utility projects. Duties include budgeting, funding,roadway design, environmental permitting,right of way acquisition, construction inspection,and consultant management. As the Jefferson County Engineer for 20 years, has overseen the transportation program, effectively leveraging limited local funding with federal and state grants and programs to accomplish a wide variety of priority projects. As the Public Works Director for nearly 10 years, has also overseen additional Public Works programs including Solid Waste Management,Parks and Recreation, and Sewer Planning and Construction. PROJECT Irondale Road Improvements: Widening and reconstruction of 0.80 miles of a EXPERIENCE rural major collector. Project also included replacement of a PUD water main for the entire length of the project and construction of a structural earth wall. Project manager responsible for funding,consultant management,budget,and construction management/inspection. Responsible for right of way acquisition from nearly 40 adjacent property owners. Project funding included STP federal)and RAP(state). WSDOT Local Programs stated at the project end that the files were a"model"of how a project should be done. Lindsay Hill Road Repair: Repaired landslide damage that threatened to close the only county road access to dozens of homes. Repair included 400 feet of soldier pile wall with drilled tie backs as well as welded HDPE slope drains each several hundred feet long. Project manager responsible for funding,consultant management,budget,assisted in construction easement acquisition from adjoining property owners,and construction management/inspection. Project funding was a loan from the Public Works Trust Fund Board. RESUME—MONTE REINDERS,P.E. Page 1 of 2 Undi Road Bypass: A major landslide triggered by unstable glacial soils undercut by river action at the toe threatened to cut off the only access to homes. Mr.Reinders quickly determined that the only feasible option to maintain access was to construct an entirely new road over a ridge and abandon the road along the river. This project included upgrading over a mile of primitive logging road and constructing another 0.7 miles of entirely new road through steep,rugged terrain. The decision to construct this road was made in April. PS&E was completed by Mr. Reinders and an in-house engineer by June. Bid award was in mid-July and construction started August 1 and wrapped up November 15. The project involved 25,000 cubic yards of cut/fill with cut slopes up to 40 feet high as well as two large culverts.Right of way was acquired from WA DNR and also from a private timberland owner. At the outset of construction, funding was still local which would have placed a significant strain on County finances for years to come. By the project end,Mr.Reinders,working with State EMD, had secured FEMA funding to cover 90%of the costs. A month after the project was completed,the old road completely failed and is nearly unrecognizable today. Upper Hoh Road Repairs(Various mileposts and years): Over the course of 25 years,Mr.Reinders has been involved in numerous repairs to the problematic Upper Hoh Road that serves Olympic National Park. Repairs include rip rap bank revetments,culvert replacements, landslide repairs, and debris removal. Duties have included all aspects from project management,construction management, funding management,environmental permitting,and emergency response. Mr.Reinders was a key member of a local, state,and federal task force assembled to find solutions for this important road. A series of meetings and working relationships resulted in over$20 million in FLAP funds being directed to proactive actions to protect access to the ONP Hoh Rainforest. Cassel Creek Bridge,Oil City Rd.MP 7: A culvert failure under a high fill threatened to cut off the only access to homes on the Oil City Road. A 3-span steel bridge was acquired under an emergency declaration and installed using force account methods. Mr. Reinder's duties included surveying and construction staking and contract management and project inspection. The bridge was installed before complete road failure ensuring uninterrupted resident access. Subsequently, 12,000 cubic yards of fill material was removed from the creek,and fish passage was restored. Port Hadlock Sewer: Mr Reinders has been in charge of this project since 2012. This project will construct a public wastewater treatment plant and sewer collection system in a community that does not have any sewer infrastructure. Duties include managing consultants to complete studies and facility plans and oversee staff acquiring large parcels for future facility siting. In 2021 funding was obtained to complete final design and permitting. With additional funding secured in 2022,the project is moving into construction. Numerous easements for collection system lines are being obtained by Public Works staff for this project. The project is over$30 million and includes funding from both State and Federal sources. RESUME—MONTE REINDERS,P.E. Page 2 of 2 Eric Kuzma CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9167(direct)/360-301-6783 (cell) ekuzmaAco jefferson.wa.us EDUCATION Bachelor of Architecture, Syracuse University, 1997 Metaphysics and Epistemology Minor, Syracuse University, 1997 LICENSE WA State Architect.#9898,2009 EMPLOYMENT 2026—Present: Public Works Director,Jefferson County Public Works,Port HISTORY Townsend,WA 2015 -2026:Assistant Public Works Director/Engineering Services Manager, Jefferson County Public Works,Port Townsend,WA 2013—2015: Engineer III, Jefferson County Public Works 2010—2013: Vice President,Terrapin Architecture,Port Townsend,WA 2005—2010: Owner/Principal, PT Design,Port Townsend,WA 2001 —2005: Lead Designer/Project Manager,Richard Berg Architects,Port Townsend WA CURRENT JOB Mr. Kuzma's responsibilities while employed with Jefferson County include RESPONSIBILITES organizing,planning,managing,budgeting,and directing the Engineering Division of the County Public Works Department. The above listed responsibilities require grant acquisition and management,design,permitting, consultant management,real estate acquisition,public outreach,and construction management. Position closely coordinates with,and in the absence of fulfills the duties of,the Public Works Director/County Engineer. In this role, duties include organizing,planning,administration,and coordination of all Public Works functions including but not limited to County Road Maintenance, Solid Waste,Parks and Recreation,Flood/Stormwater Management,and other capital improvement projects. PROJECT Jefferson County 6-Year Transportation Improvement Program(TIP): EXPERIENCE Develops annual TIP and oversees all projects included therein. Implementation of included projects include,grant acquisition,public outreach, stakeholder coordination,design/engineering,permitting,right-of- way acquisition,bidding,construction management,and project close out. https://www.co.jefferson.wa.us/444/6-Yr-TIP Quilcene Complete Streets—Pedestrian and Bicycle Program Project: The project, funded by a WSDOT Pedestrian and Bicycle Program grant, will provide the Quilcene community with enhanced pedestrian crossings, sidewalks,and bicycle lanes along Highway 101 thru the Quilcene center.To date,project includes project management, significant public outreach, RESUME—ERIC KUZMA Page 1 of 2 design/engineering,permitting,and right of way acquisition.Project is ongoing. Jefferson Universal Movement Project(JUMP!): The project, funded by a an RCO grant,Jefferson County,and private donations, is Jefferson County's first fully accessible and inclusive playground. The playground, situated in the County's HJ Carroll Park,was designed to provide play opportunities for all children regardless of ability.Project included project management,design/engineering,permitting,construction management, and volunteer coordination.Phase I was completed in 2022. Wally Bowman Bridge-Salmon Creek Project: The project,funded by RCO and USFWS grants, lead to the construction of new 80 ft. long bridge to correct a fish barrier culvert. Project included project management, design/engineering,permitting,right of way acquisition,and construction management.Project was completed in 2018. Olympic Discovery Trail-South Discovery Bay Project: The project, funded with RCO grants,lead to the construction of a 3/4 mile long segment of pedestrian-bicycle trail along the Discovery Bay shoreline.Project included project management, significant stakeholder coordination,design/engineering, permitting,right of way acquisition,and construction management. Project was completed in 2017. Chimacum Safe Routes to School Project: The project, funded by a WSDOT Safe Routes to School grant,improved safety for pedestrians and bicyclists accessing the Chimacum school campus. Project improvements included upgraded crosswalks,pedestrian activated warning signals, sidewalks,ramps,a multi-use trail,improved transit stops, school zone beacons,and additional signage. Project included project management, design/engineering,permitting,right of way acquisition, and construction management. Project was completed in 2015. RESUME—ERIC KUZMA Page 2 of 2 Samantha Harper, P.E. CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9175 (direct)/360-774-1104(cell) sharper@co.jefferson.wa.us EDUCATION B.S.Civil Engineering, San Francisco State University, 2004 WA State Civil Engineering P.E.#45902,2008 EMPLOYMENT 2026-Present: Engineering Services Manager/Wastewater Project Manager, HISTORY Jefferson County Public Works,Port Townsend,WA 2023 -2026: Wastewater Project Manager,Jefferson County Public Works 2021-2023: Engineering Director, PUD No. 1 of Jefferson County,Port Townsend,WA 2019-2021: Water Superintendent, PUD No. 1 of Jefferson County,Port Townsend,WA 2015—2019: Assistant City Engineer,City of Port Townsend,Port Townsend WA 2007—2015: Development Review Engineer,City of Port Townsend,Port Townsend WA 200 5-2007: E.I.T., Stockton East Water District, Stockton,CA CURRENT JOB Samantha's responsibilities while employed with Jefferson County include RESPONSIBILITES organizing,planning,managing,budgeting,and directing the Engineering Division of the County Public Works Department. The above listed responsibilities require grant acquisition and management, design,permitting, consultant management,real estate acquisition,public outreach,and construction management. Position closely coordinates with the Public Works Director and the County Engineer. In this role, duties include organizing, planning,administration, and coordination of sewer and transportation capital improvement projects. PROJECT Port Hadlock Sewer: This project constructed a public wastewater treatment EXPERIENCE plant and sewer collection system in a community that does not have any sewer infrastructure. Duties include managing consultants and construction contracts and overseeing staff acquiring large parcels for public sewer improvements. In 2021 funding was obtained to complete fmal design and permitting. With additional funding secured in 2022,the project is moving into construction. Numerous easements for collection system lines and grinder pump"side sewer"systems were obtained by Public Works staff for this project. The project is approx. $35 million and includes funding from both State and Federal sources. Rainer Street Regional Stormwater Facility: This project was to construct a regional stormwater facility for stormwater run-off for both roadway and properties along the Rainer Street commercial corridor. Duties include managing consultants,budget, and responsible for right of way acquisition RESUME—Samantha Harper,P.E.Page 1 of 2 including property purchase for the stormwater facility site. Project funding included STP(federal)and TIB(state). Rainer(formerly known as Howard Street) Street Road Improvements: This project constructed a new roadway alignment,roundabout at discovery Rd. and public utilities. Duties include managing consultants,budget,and construction management/inspection. Responsible for right of way acquisition for approx. 7 adjacent property owners and one purchased for wetland mitigation. Project funding included STP(federal)and TIB(state). Sheridan Street 14th—19th Street Sidewalk Improvements: This project constructed a sidewalk on both sides of Sheridan Street from 14th— 19th Street and on 16th and 17th Streets to provide a safe route to the elementary school. Duties include managing consultants,budget,and construction management/ inspection. Responsible for right of way acquisition"temporary construction easements"for sidewalk improvements. Project funding included Safe Route to School(state). RESUME—Samantha Harper,P.E.Page 2 of 2 Joshua E. Thornton CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9162(direct) JThornt on(a,co.j efferson.wa.us EDUCATION AAS Business Real Estate—Mendocino College 2015 LICENSES Notary Public,Washington,#203771 Notary Public,California(expired) Real Estate Salesperson,California#01971059(expired) EMPLOYMENT 2025—Present: Real Property Specialist; Jefferson County Public Works; HISTORY Port Townsend,WA 2021 —2025: Sr. Const Loan Admin; First Fed Bank;Port Angeles,WA 2020—2021: HR Business Partner;Olympic Medical Center; Port Angeles, WA 2017—2019: Member Specialist; Kitsap Credit Union; Port Hadlock,WA 2017—2019: Const Loan Administrator/Loan Servicing Supervisor; First Fed Bank; Port Angeles, WA 2013—2017: Real Estate Tax Appraiser/ Appraiser Trainee; Lake County Assessor; Lakeport,CA 2010—2013: Financial Services Representative 2; Mendo Lake Credit Union; Clearlake,CA 2008—2010: Licensed Personal Banker;JP Morgan Chase Bank NA; Fort Bragg,CA CURRENT JOB Responsibilities at Jefferson County Public Works include right-of-way RESPONSIBILITES related services including valuations,negotiations and acquisitions of easements and fee simple title,road vacations,quiet title review,ROW& road research, franchises,permits and licenses. PROJECT Oil City Rd.Culvert Replacement(Bride)MP 0.5 FLAP: The project, EXPERIENCE funded by reimbursement through the Federal Land Access Program(FLAP), consists of the construction of new 52 ft. long box culvert to correct a fish barrier culvert and road alignment. Project included right of way acquisition, and tree removal construction management. Project right of way was certified Level 1 by FHWA 2/25/2026&construction final completion date is scheduled for 10/2/2026. RESUME—Joshua E Thornton Page 1 of 2 Oil City Road MP6.73—Culvert Replacement MP6.73 NOAA: This project involves the removal of a high-priority fish passage barrier on an unnamed tributary to the Hoh River at Milepost 6.73.Working as a sub- recipient to Trout Unlimited,Jefferson County has facilitated the right of way acquisition and project design elements. The project is part of a larger watershed-scale restoration effort partially funded by NOAA through the Bipartisan Infrastructure Law(BIL)and the Infrastructure Investment and Jobs Act(IIJA). Right of Way acquisition is complete and conveyances recorded. PAST EMPLOYEMENT Perform residential/commercial construction prefunding feasibility analysis EXPERIENCE review of: environmental due diligence;project scope of work;budget funding sufficiency; general contractor experience and qualifications. Ongoing project management and processing of monthly progress funding requests.Collection and review of: contractor/subcontractor pay applications; lien waivers; change orders; inspection reports; and title endorsements. Administration&reporting for complex larger commercial projects with budgets over 10 million.Management and co-ordination of syndicated participations with other funding entities. Ensure compliance with Program requirements including government grants and SBA program requirements. Insurance claim and risk management for entire loan portfolio from intake through completion maintaining servicer compliance with FHLMC,FMNA& FHLB guidelines. Review of borrower requests for boundary line adjustments,parcel splits and mergers for financed real estate. Appraisal of new construction by analyzing building plans, specifications, and local market pricing for materials and labor.Conduct inspections of new construction projects to assess quality,materials, and finishes.Measure and diagram new construction or alterations of real property based on plans and building department records. Appraisal of vacant land sales/transfers for tax purposes. Market analysis of recent sales of comparable properties to understand market trends and adjust valuations accordingly.Update and maintain accurate records of appraisal data, including property characteristics, sale prices,and cost estimates. Assist the public with completion of assessment related forms,explain related tax laws,regulations and procedures to the public. Origination of mortgage&real estate secured loans from inquiry to closing serving as the primary contact for customers. Order and review of appraisal and title reports. RESUME—Joshua E Thornton Page 2 of 2 Mark Thurston CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9210(direct)/360-301-9255 (cell) mthurston(a,co.j efferso n.wa.us EDUCATION B.S. Civil Engineering, Washington State University, 1993 EMPLOYMENT 1998—Present: Engineer IV/Project Manager,Jefferson County Public HISTORY Works,Port Townsend,WA 1993— 1998: Design Engineer, Sitts&Hill Engineers,Inc.,Tacoma,WA CURRENT JOB Mr. Thurstons' responsibilities while employed at Jefferson County have RESPONSIBILITES included all aspects associated with managing and designing public works road projects. Duties include budgeting,funding, surveying,roadway design, environmental permitting,right of way acquisition,construction inspection, and consultant management. Mr.Thurston has also been the County's lead bridge inspector since 2003. PROJECT Thorndyke Road MP 4.71 Culvert Replacement: Construction of a new EXPERIENCE bridge to correct a fish passage barrier near Port Ludlow,WA.,Project manager responsible for funding,consultant management,budget,assisted in right of way acquisition from adjoining property owner, and construction management/inspection. Wally Bowman Bridge,West Uncas Road: Construction of new bridge to correct a fish passage barrier near Discovery Bay,WA. Project manager responsible for funding,consultant management,budget,assisted in construction easement acquisition from three adjoining property owners, and construction management/inspection. Upper Hoh Road MP 6.95 Culvert Replacement,Upper Hoh Road: Construction of new bridge to correct a fish passage barrier on a tributary to the Hoh River. Project manager responsible for funding,consultant management,budget,assisted in construction easement acquisition from two adjoining property owners,and construction management/inspection. Upper Hoh Road MP 3.338 Culvert Replacement,Upper Hoh Road: Replacement of a failing culvert under a deep embankment by the pipe ramming method. Project manager responsible for funding,consultant management,budget,assisted in right of way acquisition from adjoining property owner, and construction management/inspection. Dowans Creek Road Realignment Realignment of 0.43 miles of county road away from a slide area.Project manager responsible for funding,budget,design,permitting,assisted in RESUME—MARK THURSTON Page 1 of 2 acquiring new road right of way from DNR,and construction management/ inspection. Alder Creek Tributary Culvert Replacement,Upper Hoh Road: Construction of new bridge to correct a fish passage barrier on a tributary to the Hoh River. Project manager responsible for funding,consultant management,budget,assisted in construction easement acquisition from adjoining property owner,and construction management/inspection. Andrews Creek Culvert Replacement,Snow Creek Road: Construction of new bridge to correct a fish passage barrier on Andrews Creek. Project manager responsible for funding,consultant management,budget,assisted in construction easement acquisition from adjoining property owner, and construction management/inspection. Spruce Creek Culvert Replacement,Upper Hoh Road: Construction of new bridge to correct a fish passage barrier on a tributary to the Hoh River. Project manager responsible for funding,consultant management,budget, assisted in construction easement acquisition from adjoining property owner, and construction management/inspection. Willoughby Creek Bridge Repair,Upper Hob Road: Repair of an existing county bridge by installing a new sheet pile wall and riprap abutment protection. Project manager responsible for funding,consultant management, budget, assisted in construction easement acquisition from adjoining property owner,and construction management/inspection. Fossil Creek Stream Stabilization: Stream reconstruction in the vicinity of Barlow Bridge to control down-cutting and provide fish passage.Project manager responsible for funding,consultant management,budget, assisted in construction easement acquisition from adjoining property owner,and construction management/inspection. Barlow Bridge: Construction of new bridge to replace a failing bridge on a tributary to the Hoh River. Project manager responsible for funding, consultant management,budget,assisted in construction easement acquisition from adjoining property owner,and construction management/inspection. Upper Hoh Road MP 6.7 Log Jams: Construction of engineered log jams in the Hoh River to provide bank stabilization and mitigation for past river bank repairs. Project manager responsible for funding,budget,assisted with design and permitting,assisted in construction easement acquisition from adjoining property owner, and construction management/inspection. RESUME—MARK THURSTON Page 2 of 2 John Scott Fleming CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160(main office)/360-385-9217(direct)/360-301-6563 (cell) jfleming@co.jefferson.wa.us EDUCATION B.S. Mechanical Engineering,University of Massachusetts,Amherst 1986 Additional classwork in Soil Science,Electrical Engineering Wetland Training Institute,Federal Way,WA 1994 Wetland Delineation WA Environmental Training Center,Auburn,WA 1992 Water Distribution Manager;Wastewater Treatment Plant Operator Century 21, Lacey,WA 1987 WA Real Estate Broker LICENSES Professional Engineer(Civil),Washington,#31207, 1994-Present Real Estate Broker,Washington,(expired) EMPLOYMENT 2016—Present: Engineer III/Project Manager, Jefferson County Public HISTORY Works;Port Townsend,WA 2013—2016: Solar Engineer, Power Trip Energy,Port Townsend,WA 1994—2016: Consulting Civil Engineer;JSF Engineering,Port Angeles Port Townsend,WA 1990— 1998: Civil Engineer, Polaris Engineering& Surveying; Port Angeles,WA 1987— 1987: Real Estate Salesperson, Century 21,Olympia,WA CURRENT JOB Mr.Fleming's responsibilities while employed at Jefferson County have RESPONSIBILITES included all aspects associated with managing and designing public works projects,with emphasis on non-motorized trail projects. Duties include budgeting,preparation and presenting applications for grant funding, surveying,trail design,environmental permitting, coordinate right of way acquisition, construction inspection,consultant selection and management, development review for commercial and industrial projects,and administering the WA State Recreation and Conservation Office(RCO) Manual 3, Acquisition Projects requirements on those projects funded by RCO. PROJECT Right of Way,Design,& Construction for Olympic Discovery Trail EXPERIENCE ODT)-Anderson Lake Connection: Project manager responsible for preliminary design for 3 miles of non-motorized trail,coordinate right of way acquisition from 2 willing sellers(RCO Manual 3), grant funding application/presentation/management,design consultant advertising/ selection/award/contract management. RESUME—JOHN SCOTT FLEMING Page 1 of 2 Right of Way for Olympic Discovery Trail-West Discovery Bay: Project manager responsible for survey,and coordination of right of way acquisition of 0.8 miles of Old Pacific State Highway No. 9 from WA State Dept of Transportation (WSDOT), a willing seller. Right of Way&Route Study for Olympic Discovery Trail- Eaglemount: Trail route selection process&documentation for closing the gap of 6 miles to complete the non-motorized trail between the Larry Scott Trail and the ODT in Discovery Bay.Project manager responsible for consultant selection,contract award,public outreach, advertising,route evaluation, summarize the necessary rights of way,presentation of recommendations,and coordinate right of way acquisitions from 4 willing sellers(RCO Manual 3). Design& Permit for Solid Waste Transfer Station Office Building: Project manager and engineer responsible for site evaluation, soils investigation,coordination with City of Port Townsend water extension, septic system design,plans and permit preparation, staking, construction management, inspection,commissioning,and certification. Design& Construction for Larry Scott Trail Safety Improvements: Project manager responsible for design and plan preparation for improving trail geometry,sight distance, staking,design, and construction management/inspection. Review for City of Port Townsend Stormwater Infiltration Pond: Development review and construction inspection of large stormwater facility for conformance with WA State Dept of Ecology Stormwater Management Manual for Western WA. Right of Way&Construction for Olympic Discovery Trail-South Discovery Bay: Construction of 0.75 miles pedestrian-bicycle trail along shoreline of Discovery Bay. Project manager responsible for bid package, advertising,contract award, surveying,and construction management/ administration/inspection. Coordinate acquisition of Trail Lease with WSDOT, and Land Use Agreement with WA Dept of Fish and Wildlife. RESUME—JOHN SCOTT FLEMING Page 2 of 2 Bruce D. Patterson CONTACT Jefferson County Public Works INFORMATION 623 Sheridan Street Port Townsend,WA 98368 360-385-9160 (main office)/360-385-9169(direct)/360-301-9026(cell) bpatterson@co.jefferson.wa.us EDUCATION B.S.Civil Engineering,University of Pittsburgh, 1971 LICENSES Professional Engineer(Civil),Washington,#53577 EMPLOYMENT 2016—Present: Engineer III/Project Manager,Jefferson County Public HISTORY Works,Port Townsend,WA 2006—2016: Prof Eng/Project Manager,Porter Consulting Engineers, Meadville,PA 1989—2006: Prof Eng/Project Manager, Northwest Engineers,Tidioute,PA 1988— 1989: Prof Eng/Project Manager,Wright-Pierce Engineers, Topsham,Maine 1971 — 1988: Surveying and various Engineering positions with Government agencies and private consultants in Alaska CURRENT JOB Mr. Patterson's responsibilities while employed at Jefferson County have RESPONSIBILITES included all aspects associated with managing and designing public works road projects. Duties include budgeting, funding, surveying,roadway design, environmental permitting,right of way acquisition,construction inspection, and consultant management. PROJECT Road Departure Reduction (HSIP)Project: Design, contract document EXPERIENCE preparation and construction management for a county-wide highway safety improvement project. Port Ludlow Culvert Lining Project: CIPP lining of deteriorating steel culverts, Project Manager responsible for design and construction management. Naylors Creek Culvert Replacements: Project manager responsible for surveying, design,funding, and environmental permitting,for replacing two fish barrier culverts on Naylors Creek. Ruby Creek Washout Repair: Construction inspection and management for the emergency replacement of a culvert washed out during a Federally declared disaster. FEMA/Washington Emergency Management Coordination: Applications and coordination with FEMA and Washington Emergency Management Division for reimbursement after several federally declared disasters. Center Road in Quilcene,Resurface and Restore Project: CRAB funded roadway resurface and restore project. Project manager responsible for surveying, design,funding and budget, environmental permitting, construction easement acquisitions, and construction management/inspection. RESUME—B.D.PATTERSON JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Greg Ballard, Development Code Administrator Mo-chi Lindblad, Principal Planner DATE: July 20, 2026 SUBJECT: HEARING re: Open Space Tax Program Application – CUA2025-00001 Jefferson Land Trust STATEMENT OF ISSUE: Resolution 50 0916 24R requires that a public hearing be held before the Board of County Commissioners (BoCC) to approve or deny an application for classification of open space land under the Open Space Tax Program. Department of Community Development (DCD) staff requests that the BoCC hold this public hearing on Monday, July 20, 2026, at 10:30 a.m. during the regular BoCC meeting to hear the staff report, take public testimony, and take action to either approve or deny pending application CUA2025 00001. The public hearing was duly noticed on July 1, 2026, pursuant to RCW 84.34.037(1). ANALYSIS: Staff has prepared a staff report reviewing and analyzing the pending application under the Open Space Tax Program and providing a recommendation regarding the Public Benefit Rating for the application, which determines the potential amount of tax benefit the property owner may receive per the Jefferson County Assessor. FISCAL IMPACT: This request has no fiscal impact. If approved, the pending open space applications would affect the assessed property taxes of the parcel; however, such impacts are allowable under the program in exchange for the public benefits of preserving and protecting open space lands. The parcel is currently assessed as Designated Forest Land (DFL); if approved, the parcel will be transferred to the Open Space Tax Program. RECOMMENDATION: Staff requests the BoCC hold the required public hearing for CUA2025-00001 during the regular meeting on July 20, 2026. REVIEWED BY: Josh D. Peters, County Administrator Date 7/10/2026 Please publish one time: July 1, 2026 Bill to: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98620 NOTICE OF PUBLIC HEARING Current Use Open Space Tax Program Application NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, July 20, 2026 at 10:30 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said hearing is to be published in the official newspaper of Jefferson County. The Jefferson County Department of Community Development and the Assessor’s Office are processing an application for inclusion in the Open Space Tax Program under the Open Space designation: CUA2025‑00001, submitted by the Jefferson Land Trust for parcel number 602352002. Staff requests that the Board review the staff report, hold the required public hearing, take testimony, and approve or deny the application. The staff report and other information is available for viewing on the County website by visiting: www.co.jefferson.wa.us and follow this pathway – Services – Laserfiche Web Portal (username and password is: public) - Board of Commissioners – BOCC Agenda Packets – 2026 Weekly Agenda Items – 07 July 2026 – 072026 – HEARING re Open Space Tax Application You are welcome to participate in this hearing. You will need to join the meeting by 10:30 a.m. using the following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784- 1705# and press *9 to “raise your hand” to be called upon. Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384, or IN-PERSON. In addition, written testimony is also invited beginning on July 1, 2026 through July 20, 2026 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us You may view documents and testimony received by visiting: www.co.jefferson.wa.us and following this pathway – Services – Laserfiche Web Portal (username and password is: public) – Board of Commissioners – BOCC Agenda Packets – 2026 Weekly Agenda Items – 07 July 2026 – 072026 – HEARING re Open Space Tax Application You can also Mail your testimony to: Jefferson County Commissioners’ Office; P.O. Box 1220, Port Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by the end of the hearing testimony period. Signed this 22nd day of June, 2026. JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg Brotherton, Chair Open Space Tax Program Application – CUA2025-00001 Page | 1 STAFF REPORT TO THE BOARD OF COUNTY COMMISSIONERS Re: Current Use Tax Assessment (CUA) ) FINDINGS, CONCLUSIONS Open Space/Open Space Application ) AND PROPOSED ) RECOMMENDATIONS ) Case No.: CUA2025-00001 Jefferson Land Trust ) Parcel Number 602352002 ) BACKGROUND INFORMATION The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, agricultural, and timber lands valued at their current use rather than at their highest and best use. The Act provides a property tax reduction as an incentive to preserve certain types of lands in their current use, when such preservation will provide a public and/or environmental benefit. Chapter 84.34 RCW authorizes the Jefferson County Board of Commissioners (BoCC) to adopt an open space program and public benefit rating system for evaluating lands proposed for open space current use assessment. Resolution No. 82-91, adopted on August 12, 1991, and has guided citizens and the county in processing applications for the Open Space Tax Program. In 1995, Resolution No. 75-95 was incorporated into the program to address tidelands, shorelands and buffers. Resolution 50‑0916‑24R further requires that a public hearing be held before the BoCC to approve or deny any application for classification of open space land under the Open Space Tax Program. Applications for Current Use Assessment are submitted through the Department of Community Development (DCD), but they are not considered Land Use applications under the Jefferson County Code. DCD evaluates each property using the Public Benefit Rating System (PBRS), while the Assessor determines the potential property tax reduction based on the resulting point total. Together, DCD and the Assessor develop a recommendation regarding whether the property should be approved for inclusion in the program and the amount of tax benefit the property owner may receive. The BoCC then reviews the recommendation and, upon approval, signs an Open Space Tax Agreement with the property owner APPLICATION SUMMARY Property Owner and Address Parcel Number and size Abbreviated Legal Description and Site Location Zoning Jefferson Land Trust Attn: Sarah Spaeth, Director of Conservation 1033 Lawrence St Port Townsend, WA 98368 602352002 Approximately 27.54 acres S35 T26 R2W Lot 3(Less HWY & Tax 14) subj/restrictive ease AF#657607 Located at 305743 Highway 101, Brinnon 98320 AL-20 PUBLIC BENEFIT RATING SYSTEM To evaluate the benefits of the proposed property, Part IV (Open Space Lands) of Resolution 82-91 uses a set of evaluation elements such as resources, site assess, transfer of development rights, county policy goals, and shoreland buffers. If these elements are present on the property, they may be claimed through a point Open Space Tax Program Application – CUA2025-00001 Page | 2 system to determine the total score. The total number of points is then used to determine the rating and property’s current use value as a percentage of the market value. A minimum of 5 and a maximum of 12 points are required to qualify for enrollment in the program. Based on the submitted PBRS worksheet, the application has been evaluated under the PBRS as described below (see also attached PBRS worksheet). Staff evaluates the worksheet using the detailed criteria outlined in Part IV, Sections V and VI of Resolution 82-91. PBRS Summary Table Evaluation Elements CUA2025-00001 Points High and Low Priority Resources 4 Access 1 Transfer of Development Rights 6 County Policy Goals 1 Shorelands and Buffers N/A 1 Total Points (not less than 5 and not to exceed 12) 12 Current Use Assessment Valuation Schedule (percent of market value) 10% PBRS ANALYSIS 1 Pursuant to Resolution 75-95, eligibility for this category requires a minimum undisturbed width and depth of 200 feet of native vegetation adjacent to marine waters, backed by Designated Forest Land (DFL). The subject shoreline meets only the minimum width requirement. In addition, only the upper portion of the property, located west of Highway 101, is currently enrolled in the DFL program. A minimum 100-foot road right-of-way separates this upper portion from the waterfront portion, so the area east of Highway 101 does not qualify for the Shorelands and Buffers element. Open Space Tax Program Application – CUA2025-00001 Page | 3 Applicant’s Statement: Jefferson Land Trust seeks to keep this undeveloped 27.54-acre forested parcel just north of Brinnon on the tax rolls. Because protection of forest and shoreline habitat and water quality values requires management that excludes commercial timber harvest, the current DFL tax classification is no longer appropriate. The Land Trust is therefore requesting that the property be reclassified as Open Space/Open Space under the County's Open Space Tax Program, based on the property's attributes, whose long-term protection under Land Trust ownership will provide significant public benefit in perpetuity. The conservation easement was acquired by the US Navy in 2022 and recorded under Auditor’s File Number 657607. The recorded Grant Deed of Conservation Easement permanently protects the property’s conservation values, including scenic, natural, open space, water quality, mature and old growth forest, riparian habitat, wildlife corridor habitat and marine shoreline resources. The easement restricts a range of activities, including any residential, agricultural, commercial, or industrial development or use. Most of the development rights have been transfer to the US Navy, the grantee of the Easement. PBRS Detail: This parcel has more than 800 feet of rocky, low-bluff shoreline adjacent to state-owned tidelands leased for shellfish production. The forested area contains mature second-growth stands with a diverse range of species, including several large mother trees that may be old growth. Wildlife use documented in the broader area includes elk, bear and spotted owls. The undeveloped low-bluff shoreline is considered critical habitat for wildlife as well as for eelgrass and other macroalgae. A seasonal stream and riparian corridor on the property connect the waters of Hood Canal with the forested uplands. Retaining the forest and preventing development will limit runoff and associated siltation of Hood Canal, helping protect the priority aquatic shoreline habitat for shellfish and other species. Maintaining the forested condition also allows precipitation a greater opportunity to infiltrate and recharge groundwater as precipitation patterns shift with climate change. Soils will be protected, the shoreline and beach will remain undeveloped, and the tidelands will benefit. The parcel lies approximately one-quarter mile from the expanse of the Olympic National Forest, and a 20- acre Washington State Parks property shares a corner with this parcel, contributing to regional habitat connectivity and wildlife movement corridors. Highway 101 (classified as a Washington State, and a Pacific Coast, Scenic Byway), passes through the property, which is also within the Hood Canal and Coyle Peninsula viewsheds. Under the PBRS, a total of 12 points are possible for this application, corresponding to a tax benefit equal to 10 percent of the property’s market value under the current use assessment valuation schedule. STAFF FINDINGS & CONCLUSIONS 1. Processing of the subject application is in accordance with the established procedures and criteria of the Jefferson County Open Space Tax Program and RCW 84.34.037. 2. The subject application is consistent with the Goals and Policies for Open Space/Open Space Tax Classification as set forth in the Jefferson County Open Space Tax Program, which in turn is consistent with the goals and policies of the Jefferson County Comprehensive Plan. Open Space Tax Program Application – CUA2025-00001 Page | 4 3. RCW 84.34.037 requires that notice of the hearing be provided to the public by publication in a local newspaper of general circulation in the area at least ten days prior to the hearing. Legal notice will be published on July 1, 2026 in the Port Townsend Leader. 4. SEPA Review: The subject proposal is categorically exempt from environmental review pursuant to WAC 197-11-800(14)(k). STAFF RECOMMENDATION Based on the above analysis, findings and conclusions, the application for enrollment in the Jefferson County Open Space Tax Program as Open Space/Open Space Current Use Assessment as described in this report, is hereby recommended for APPROVAL subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL The applicant shall file the executed Change of Designation Form with the Assessor’s office. Open Space Tax Program Application – CUA2025-00001 PBRS WORKSHEETS OPEN SPACE CURRENT USE TAX ASSESSMENT PUBLIC BENEFIT RATING WORKSHEET Phone: Applicant. ____________ _ ------------ Site Address: ____________________________ _ HIGH PRJORITY RESOURCES Significant Archaeo logical and Historical Sites Significant Geologic and Shoreline Features H igh Priority Wetlands H igh Priority Shorelines Significant Fish and Wildlife Habitat Areas Special Animal and Plant Sites Public Water Supply Watersheds Surface Water Quality Buffer Areas Floodplains Urban Open Spaces LOW PRIORITY RESOURCES Low Priority Shorelines Public Lands Buffer Scenic Vistas Steep Slopes Prime Agricultural Lands Low P riority Wetlands (2 points each) ( 1 point each) Total Priority Re source Points (4 Maximum Points) ACCESS (1 point each ) Unlimited Public Access (signs required) Restricted Access due to Environmental Sensitivity Some Public Access Total Access Points (3 Maximum Points) TRANSFER OF DEVELOPMENT RIGH TS (TDR) Conveyance recorded wi th the Auditor Public Benefit Rating Worksheet T otal TDR Points (6 Maximum Points) Page I of2 COUNTY POLICY GOALS Implements Jefferson County Parks, Recreation and Open Space Plan Provides buffer between conflicting uses Limits access, congestion and strip-commercial Development Preserves corridors for future public roads Enhances the value to the public of abutting or neighboring nature reservation, sanctuaries, or other open spaces Assists in implementing the Jefferson County Comprehensive Plan by establishing open space corridors between urban growth areas or by retaining fish and wildlife habitat (1 point each) Total County Policy Goals Points (2 Maximum Points) TIDELANDS, SHORELANDS, AND BUFFERS Undeveloped Shorelands Buffers (3 points) Undisturbed Shorelands Buffers adjacent to marine Waters backed by forest lands (11 points) Aquaculture Tidelands (11 points) Total Tidelands, Shorelands & Buffers Points TOTAL PUBLIC BENEFIT RATING FOR ALL CATEGORIES Public Benefit Rating Worksheet Page 2 of2 Open Space Tax Program Application – CUA2025-00001 CHANGE OF DESIGNATION FORM Change of Designation (Chapter 84.33 RCW) File with County Assessor Applicant’s Name: County: Address: Tax Code Area: City, State, Zip: Phone Number: Land Subject To This Application: (legal description) Parcel No. or Account No.: Change in Designation The land is currently designated as forest land under the provisions of Chapter 84.33 RCW and meets the definition of one of the following and I/we request reclassification as: (Check appropriate box.) Open space land as provided under RCW 84.34.020(1). (Attach completed form REV 64 0021) Farm and agricultural land as provided under RCW 84.34.020(2). (Attach completed form REV 64 0024 or 64 0108) Timber land as provided under RCW 84.34.020(3), unless county has merged their timber land classification into their designated forest land program. (Attach completed form REV 64 0109 or 64 0111 and a timber management plan) Affirmation As owner(s) or contract purchaser(s) of the land described in this application, I/we hereby indicate by my/our signature that I/we am aware of the potential tax liability involved when the land ceases to be classified under the provisions of Chapter 84.34 RCW. If this land is removed from classification before ten years have elapsed, compensating tax may also be due for part of the period it was designated as forest land. See reference to RCW 84.33.145 on page two. Signature(s) of All Owner(s) or Contract Purchaser(s) Date Attachments: REV 64 0021 REV 64 0108 REV 64 0111 REV 64 0024 REV 64 0109 Timber Management Plan Assessors Use Only If the parcel(s) subject to this transfer document is considered contiguous, as defined in RCW 84.33.035(4), with other parcels having different ownerships, verify all remaining designated parcels with different ownerships are still: Adjoining Being managed as part of a single operation Meeting the definition of “family” as defined in RCW 84.34.020(6)(b)(ii) with the owner of an adjoining parcel REV 64 0038e (w) (6/3/14) See next page Jefferson Land Trust Jefferson 1033 Lawrence St.441 Port Townsend, WA 98368 360-379-9501 S35 T26 R2W LOT 3(LESS HWY & TAX 14) 602352002 X □ □ □ □ □ □ □ □ □ □ □ □ REV 64 0038e (w) (613/14) RCW 84.33.145 ( 1) If no later than thirty days after removal of designation the owner applies for classification under RCW 84.34.020(1), (2) or (3), then the designated forest land shall not be considered removed from designation for purposes of compensating tax under RCW 84.33.140 until the application for current use classification under chapter 84.34 RCW is denied or the property is removed from classification under RCW 84.34.108. Upon removal from classification under RCW 84.34.108, the amount of compensating tax due under chapter 84.33 RCW shall be equal to: (a) The difference, if any, between the amount of the assessed valuation on such land as forest land and the amount of the new assessed valuation of such land when removed from classification under RCW 84.34.108 multiplied by the dollar rate of the last levy extended against such land, multiplied by; (b) A number equal to: (i) The number of years the land was designated under this chapter, if the total number of years the land was designated under chapter 84.33 RCW and classified under chapter 84.34 RCW is less than ten; or (ii) Ten minus the number of years the land was classified under chapter 84.34 RCW, if the total number of years the land was designated under chapter 84.33 RCW and classified under chapter 84.34 RCW is at least ten. See next page (2) Nothing in this section authorizes the continued designation under this chapter or defers or reduces the compensating tax imposed upon forest land not transferred to classification µnder subsection (1) of this section which does not meet the necessary definitions of forest land under RCW 84.33.035. Nothing in this section affects the additional tax imposed under RCW 84.34.108. (3) In a county with a population of more than six. hundred thousand inhabitants or in a county with a population of at least two hundred forty-five thousand inhabitants that borders Puget Sound as defined in RCW 90.71.010. no amount of compensating tax is. due under this section if the removal from classification under RCW 84.34.108 results from a transfer of property described in RCW 84.34.108(6). To ask about the availability ofthis publication in an alternate fonnat for the visually impaired, please call 1-800-647-7706. Teletype ('ITY) users may use the Washington Relay Service by calling 711. For tax assistance, call (360) 534-1400. REV 64 0038e (w) (6/3/14) Jefferson Land Trust application for Change of Designation from DFL to OS/OS tax class Full legal description for APN 602352002. Government Lot 3, Section 35, Township 26 North, Range 2 West, EXCEPT right of way of State Highway No. 9 as conveyed by deeds recorded in Volume 133, pages 492-93 and Volume 148, pages 50-51, records of Jefferson County, Washington; ALSO EXCEPT the following described tract: Beginning at the West Quarter corner of said Section 35, thence North 0° 43' 32" East, 779.64 feet: Thence South 89° 16' 28" East, 2,277.55 feet to the point of beginning; Thence continuing South 89° 16' 28" East, 178.85 feet to the balanced Government Meander Line; Thence along said Government Meander Line South 8° 05' 40" West, 170.13 feet; Thence South 11° 40' 41" East, 131.92 feet; Thence South 5° 35' 26" West, 263.60 feet; Thence South 23° 37' 31" West, 22.45 feet; Thence departing from said Government Meander Line westerly at North 89° 24' 36" West, 314.98 feet; Thence North 0° 35' 24" East, 532.10 feet; Thence North 73° 43' 02" East, 169.37 feet to the point of beginning. SITUATE IN JEFFERSON COUNTY, STATE OF WASHINGTON. TOGETHER WTH AND SUBJECT TQ EASEMENTS, RIGHTS-OF-WAY, COVENANTS, ENCUMBRANCES AND RESTRICTIONS OF RECORD, IF ANY. Open Space Open Space Applicant: Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 (360)379-9501 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Judy Shepherd, Finance Director DATE: July 20, 2026 SUBJECT: ACTION: 2027 Provisional Budget Goals and Objectives STATEMENT OF ISSUE: The Board of County Commissioners adopts a resolution at the beginning of every budget cycle to establish Budget Goals and Objectives with Budget Preparation Guidelines for departments and elected offices as they work to prepare a balanced Jefferson County Budget for the coming fiscal year (i.e., calendar year). Due to the county’s proposed Parks & Rec Levy Lid Lift on the August 4, 2026, primary election ballot, there will not be final goals and objectives until the results on that ballot measure are known. However, to follow the state’s stipulated budget timeline, staff propose that the Board establish provisional goals and objectives before the Auditor’s budget call on August 3. This Agenda Request includes proposed provisional budget goals and objectives for the Board to consider for adoption by motion on July 20, followed by adoption of final budget goals and objectives by Board Resolution on August 10, presuming known ballot measure results by that Monday. ANALYSIS: The 2027 provisional budget goals and objectives are shown in two parts. Part One applies irrespective of ballot measure results; Part Two applies if the Parks Levy fails. The two parts are shown for the General Fund and, separately, for Other Funds. These provisional goals and objectives address the county’s current financial realities and support a focus on improving our multi-year projection. Provisional Goals and Objectives with Budget Preparation Guidelines for the 2027 Annual Budget General Fund Unreserved Fund Balance – We anticipate possibly using a portion of the projected year-end 2026 General Fund balance to present a balanced budget. This would be if deficit spending is authorized by the Board. Part One The following applies for General Fund departments, regardless of the ballot measure: Departments will identify non-discretionary expenditures and request additions to their budgets for any non-discretionary expenditures using the General Fund Add Request Form. Discretionary expenditures shall have no increase except for training and travel. 2 The hiring freeze instituted for 2026 will continue in 2027. Capital Expenditure limit will be set at $5,000; expenditures over this amount will be required on the Add Request form. Part Two The following applies for General Fund departments, if the ballot measure does not pass: Discretionary services and expenditures will be reviewed by the Board to identify areas to reduce. Review mandated services that are partially funded to identify areas that can be reduced while still fulfilling the service mandate. Other Funds Part One The following applies for Other Funds, regardless of the ballot measure: All operating transfers from the General Fund to other funds in 2026 shall be reviewed. All new and existing transfer requests shall be required to submit in compliance with the General Fund Assistance Policy. Budgets for other funds shall be prepared as balanced budgets. All increases, including any wage and benefit increases, shall be absorbed within available resources or offsetting cost reductions within that fund. Recommended reserves shall be maintained for each fund as established by Resolution 41- 19. Where fund reserves are below targets, funds shall submit a plan and schedule to restore reserves as soon as practicable. Fees shall be set at levels that recapture the cost of the service being provided, where possible. Part Two The following applies for Other Funds, if the ballot measure doesn’t pass: Transfers from the General Fund will all be reduced to zero and funds will be required to submit the request for transfer following the guidelines in compliance with the General Fund Assistance Policy. General Fund transfers to other funds for discretionary services will likely be reduced or eliminated in an effort to reduce the deficit and deficit spending. FISCAL IMPACT: To be determined. RECOMMENDATION: A motion to accept the provisional budget message described in this Agenda Request, or as modified per the Board’s discretion, with an expectation to adopt final goals and objectives by Resolution on August 10, 2026. REVIEWED BY: Josh D. Peters, County Administrator Date 7/16/2026 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters, County Administrator Shawn Frederick, Central Services Director DATE: July 20, 2026 SUBJECT: WORKSHOP re: Parcel inventory of county-owned property STATEMENT OF ISSUE: This workshop is to report on preliminary results of a complete inventory of county-owned property. The inventory is in the form of a spatial database. Each parcel is described by both its current use and proposed highest-and-best use. For example, some parcels are identified as appropriate for active timber management for wildfire fuels reduction and revenue generation; others are identified as candidates for sale to private interests or for public-private partnerships to fulfill community objectives. Staff seeks Board input on this draft work product. Future property decisions would be confirmed by the Board on a parcel-by-parcel basis. ANALYSIS: There are over 300 identified parcels in this inventory. The project started with a spreadsheet that had been developed in years past. Chickadee Forestry principal Malloree Weinheimer, the county’s forestry contractor, and Chickadee Forestry intern Isabel Squier collaborated with county GIS Coordinator Kevin Hitchcock to produce a spatial database. Commissioner Heidi Eisenhour, along with the County Administrator and Central Services Director, provided input and direction, and the team integrated information from staff in other departments, as well as select external stakeholders. The proposed highest- and-best use for each parcel in the inventory is subject to consideration and amendment by decision-makers, including ultimately the Board of County Commissioners for property management and sale decisions. FISCAL IMPACT: To be determined. RECOMMENDATION: Review the draft work product and provide input. REVIEWED BY: Josh D. Peters, County Administrator Date 7/16/2026