HomeMy WebLinkAbout100112_ra04JH:FFERSON COUNTY
BOARD OF COC;NTY COMMIS
AGENDA REQUEST
TO: Board of Connht Cmnmissioners
Philip ~lorlcy, Counh' Administrator
FROb9: Carl Smith, llirector C
Stacie Iioskins, Planning Manager
Donna Frostholm, Associate Plano"
DATE: October 1, 2012
SDRdRCT: Approval of a Professional Services Contract behvicen Hood Canal
Coordinating Council and Department of Community llevelopment for
In-lieu Fee Grant
S'1'AT[:1\tFNT OF ISSUE:
hfferson Cuunq llepartmcm of Conmmnity Development (UCD} has been participating as an Interagency Review
Team (IRTj member for an In-lieu Pee mitigation (ILF) program since October ~Ul t. The lLF program is co-
chaired by the G.S. Arne Corps of Engineers (Corps) and ~4'ashington Department of Hcobgv. ~^ith I tool Canal
Coordinating Council (11000) as the sponsor of the lLP program. The Corps is authorized to use ILP as a tbmt of
mitigation for federal permitting and is providing grant funding to 1-ICCC, which HCCC would then distribute to the
three member counties and to tribzs. Based on the work plan. lLP grant tooling would be used by DCD staff to: (1)
contribute to the process of identifying a list of potential mitigation roster sites in Jet?crson Counr,; (2) revizw the
)cflcrson Counh Code (1CC) to determine if the current critical areas ordinance (C.AOj allows for use of in-lizu Cce
mitigation: and (3) revise the JCC. as neczssary. to allow fur ILF as a form of mitigation.
Currently, an applicant is responsible for preparing and implementing miti~atimr plan;. I lowzver, under the ILF
program. an applicant would have an opportunity to write a check to cover the cost of mitigation, and HCCC would
he responsible for dzvzlaping and implementing the mitigation project.
ANALYSIS/STRA"I"EGIC G0:1LS/PROS and CONS:
The benefits of an ILF program in )etfaron County indudc:
I . Federal and local mitigation requirements could more easily be coordinated for applicants;
2. -Phis program is expected to provide more effective mitigation +vilhin a landscape context:
3. The grant would providz dcpattrnental revenue that could be billed out this fiscal year, and
4. The p+:bie would benefit from economize of scale for projects and expertise of program administrators.
if any revision, to the JCC are needed to allow for ILP mitigation. work on a G10 update world have to start in
eark'_013 (i.e.. prior lu'_015). Therefore, if an update is needed, the update must be limited to amending the CAO
to include ILP mitigation only (i.z., no other revisions to the GAO would be drafted by UCD stafl'as part of the
grant).
The Professional Services Contract has been reviewed by David .Aharez and approved as to form.
H°gU ar tiCc'l~a
FISCAL I11~IYACT/COST-I3GNEFIT ANALYSIS:
I'hc grant would provide DCU with S ~O.6ti0 to assist in identifiing aroster list of in-lieu fee mitigation sites in
IutTerson County and reviewing (and possibly rcrising) the JCC to allow for the use of in-lieu tee mitigation for
pcnnitling. Ofthe total amount that ~~ould be authorized under the grant, approximately $1=.-100 could be used 2012
and $17,200 ~rould be budgeted for staff in 2U] 3. "fhe grant match is being paid by HCCC: therefore, no additional
funds from the County would be needed to work on this grant.
RECONTNIF.IDATIO?I:
UCD recommends that the 13oCC authorize the Professional Services Contract behveen HCCC and UCU.
KLVI~~i) ~ I~ I3Y•
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>1ip Mor~tey, unty l3Chninistrtt r Date
PROFESSIONAL SERVICES CONTRACT
BETWEEN
THE HOOD CANAL COORDINATING COUNCIL
AND
JEFFERSON COUNTY COMMUNITY DEVELOPMENT
THIS AGREEMENT is made affective this 1st day of March, 2012, between
Hood Canal Coordinating Council (HCCC) and Jefferson County Community
Development (Contractor). The parties agree as follows:
1. DEFINITIONS. -- For purposes of this Agreement, the term -
(a) "Hood Canal Coordinating Council" means Hood Canal
Coordinating Council, also referred to as HCCC, a Washington Corporation, and
its directors, officers, employees and agents;
(b) "Contractor" means the Contractor and its directors, officers,
employees, agents and subcontractors;
(c) "Contract Representative" means the person designated to serve as
representative of HCCC and the Contractor for purposes of administration of
this Agreement; and
(d) "Invoice" means the documentation required by HCCC to verify
performance by Contractor of services rendered under this Agreement. The
invoice shall include the description of work performed by Contractor. The
invoice shall provide a progress report describing all activities accomplished for
the period being invoiced.
2. SERVICES TO BE PERFORMED AND DELIVERABLES. -- The
Contractor agrees to provide services to HCCC as described in Exhibit A.
3. COMPENSATION. --
(a) Except as provided in subsection (b) and (c), HCCC agrees to
pay Contractor on a quarterly basis following submittal and approval of a correct
invoice documenting services rendered and costs incurred, in a manner, at an
hourly rate and in an amount stipulated in Exhibit A. Invoices and back-up
documentation for reimbursement of costs may be submitted monthly.
(b) Contractor's invoice shall indicate dates of service and time
spent on date providing service under this Agreement. Contractor shall submit
each invoice to HCCCs Contract Representative for review and approval prior
to payment. HCCC must receive correct and complete invoices within 60 days
of the Agreement expiration date. Late invoices will be paid at the discretion of
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HCCC and are contingent upon the availability of funds. Failure to submit a
properly completed IRS Form W-9 may result in delayed payments.
(c) HCCC may, at its sole discretion, retain up to 10 percent of t11e
amount otherwise due and owing under each invoice until Contractor completes
all work described in Exhibit A, or otherwise authorized by HCCC.
(d) The total amount payable under the Contract by the HCCC to
the Contractor in no event will exceed $30,600.
4. OTHER EXPENSES. -- Payment for miscellaneous expenses is specified
in Exhibit A. Any request over the category amount will not be honored without
prior approval by HCCC Contract Representative.
5. TERM. -- The term of this Agreement commences on the effective date
set forth above and continues until December 31, 2013 or until terminated by the
parties. TMs Agreement may be terminated by either party without cause 30
days following written notice to the other party. All rights, dupes, and
obligations accrued under this Agreement shall survive after termination.
6. TRAINING. -- Contractor acknowledges that no training will be
provided to Contractor under this Agreement. Contractor warrants and
represents that its personnel are fully trained to perform services required under
this Agreement and that additional trainng provided by HCCC will be
unnecessary.
7. INDEPENDENT CONTRACTOR STATUS. --
(a) Contractor shall act as an independent contractor, and in no way
shall be considered an employee of HCCC. Contractor is not required to report
to HCCC's offices at any specific time, except as requested for occasional
consultations. HCCC does not have the right to assign any additional projects to
Contractor. Contractor shall choose the time and manner for performing each
part of the services described in Exhibit A according to its own routines and
schedules, independent from HCCC's normal business operations.
(b) Contractor shall be responsible for payment of all taxes, insurance
and other obligations relating to its performance of services under this
Agreement. Contractor shall provide HCCC with verification of its -
(1) Unified business identifier number from the state of
Washington and that its business license is in good standing, if applicable;
(2) Washington State Deparhnent of Revenue account and
that the account is in good standing, if applicable;
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(3) Washington State Labor and Industries account and that
the account is in good standing or that the Contractor is exempt from the state's
industrial insurance requirements; and
(4) All other necessary licenses and permits to perform the
work specified in Exhibit A.
(c) Contractor acknowledges that Contractor will not qualify for
benefits which may be available if classified as an employee. hl the event that
the hlternal Revenue Service (IRS) successfully asserts that Contractor is not or
was not an independent contractor for any period during the term of this
Agreement and reclassifies Contractor as an employee, Contractor agrees to
complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC
for any tax period affected. HCCC shall then file the Form 4669 with t11e IRS
(along with IRS Form 4670 "Request for Relief From Payment of Income Tax
Withholding") to offset against HCCC's withholding obligation.
(d) Contractor acknowledges that it will be liable to HCCC for any
industrial insurance premiums or any other premiums or fees that HCCC is
required to pay on its behalf under RCW 51.12.070, or any other applicable
statute, regulation or ordinance, to the State of Washington or local jurisdiction.
8. NON-EXCLUSIVE CONTRACT. -- This Agreement is non-exclusive.
Contractor reserves the right to perform services for others during the term of
the Agreement.
9. MATERIALS AND EQUIPMENT. -- Contractor shall provide all
materials and equipment necessary to perform its obligations under this
Agreement: Provided, however, that Contractor may use office equipment
located in the offices of HCCC, as available, and provided however, that if
"Other Expenses" have been awarded as part of this agreement, HCCC will
purchase said supplies and services on behalf of the Contractor as part of this
Agreement.
10. INDEMNIFICATION. -- Each party agrees to defend and indenulify
the other party and its elected and appointed officials, officers, employees and
agents against all claims, losses, damages, suits and expenses, including
reasonable attorneys' fees and costs, to t11e extent they arise out of, or result from,
the negligence or willful misconduct of the indenulitor or its elected or appointed
officials, officers, employees and agents in t11e performance of this Agreement.
The indemiitor's duty to defend and indenuify extends to claims by the elected
or appointed officials, officers, employees or agents of the indenulitor or of any
contractor or subcontractor of indenulitor. The indenulitor waives its immunity
under Title 51 (Industrial Insurance) of the Revised Code of Washington solely
for the purposes of this provision and acknowledges that this waiver was
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mutually negotiated. This section shall survive the expiration or termination of
this Agreement.
(a) Contractor hereby indemnifies and holds harmless HCCC from:
(1) all claims and liabilities resulting from negligent acts or
omissions by Contractor under this Agreement; and
(2) any additional taxes, interest and penalties due from
Contractor or HCCC resulting from reclassification in the event the IRS or any
state or local taxing authority successfully asserts that Contractor is not or was
not an independent contractor for any period during the term of this Agreement
and reclassifies Contractor as an employee.
(b) HCCC hereby indemnifies and holds harmless Contractor from
all claims and liabilities resulting from negligent acts or omissions by HCCC
under this Agreement.
11. INSURANCE. -- Contractor shall provide HCCC with a certificate of
insurance or proof of self-insurance which is effective during the duration of this
Agreement.
12. BUSINESS LICENSES AND TAXES. -- Contractor shall, at its own
expense, secure and maintain in full force and effect during the term of this
Agreement all required licenses, permits, and similar legal authorization, and
comply with all applicable Federal, State and local regulations.
13. CONFIDENTIALITY. -- Information produced or made available to
the Contractor shall not be disclosed to others or used for any other purpose,
except as required under this Agreement, without prior written approval by
HCCC. Personal and confidential information including, but not limited to
protected health information collected, used or acquired in connection with this
Agreement shall be used solely for the purposes of this Agreement. Contractor
and its subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information
without the express written consent or as provided by law. Contractor agrees
to implement physical, electronic and managerial safeguards to prevent
unauthorized access to personal information. For the purposes of this provision,
personal information includes but is not limited to information identifiable to an
individual that relates to a natural person's health, finances, education, business,
use or receipt of governmental services, or other activities, names, addresses,
telephone numbers, social security numbers, driver license numbers, financial
profiles, credit card numbers, financial identifiers and other identifying numbers.
If responding to a Public Records Act request for production under Chapter
42.56 RCW in which responsive public records include records related to this
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Agreement, the Contractor agrees to notify and discuss with the HCCC requests
for all information that are part of this agreement, prior to disclosing the
information. This Agreement is a Public Record subject to the requirements of
Chapter 42.56 RCW and can be released by the Contractor pursuant to a request
for Public Records without the permission of the HCCC.
14. OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS
CONTRACT. -- All data and products developed under this Agreement,
excluding copyrighted material used with permission, or other public data that
cannot be copyrighted, shall become the sole property of the HCCC. Permission
for its subsequent use must be obtained from the HCCC prior to that use. That
permission shall not be unreasonably withheld.
15. INSPECTION AND RETENTION OF RECORDS. --The Contractor
shall make all financial records, supporting documents, and all other pertinent
records, available to HCCC for inspection, with respect to all matters related to
this Agreement. Records shall be retained for a period of six years after final
payment has been made.
16. APPLICABLE LAW. -- This Agreement shall be construed and
enforced under the laws of the State of Washington, irrespective of the fact that
any one of the parfies is now or may become a resident of another state. Venue
for any action under this Agreement shall lie in Jefferson County, Washington.
17. MODIFICATION. -- This Agreement may not be waived, discharged
or modified in any inaiuler other than by written agreement of the parties.
18. SEVERABILITY. -- No provision of this Agreement is severable from
any and all other provisions of this Agreement. Should any provision or
provisions of this Agreement be unenforceable for any reason, the party finding
itself unable to enforce said provision(s) may, at its sole discretion, declare this
entire Agreement to be null and void.
19. WAIVER. -- If either party fails to exercise its rights under this
Agreement, it shall not be precluded from subsequent exercise of its rights. A
failure to exercise rights shall not constitute a waiver of any other rights under
this Agreement, unless stated in a letter signed by authorized representative of
the party and attached to the original agreement.
20. COSTS AND ATTORNEYS FEES. -- If either party brings any action
against the other for relief, declaratory or otherwise, arising out of this
Agreement, then each party shall be responsible for its costs and attorneys' fees,
including costs and attorneys' fees incurred to enforce any judgment rendered
pursuant to this Agreement.
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21. SPECIFIC PERFORMANCE. -- The parties recognize the difficulty
measuring damages resulting from default under this Agreement. Consequently,
and in the event of default, t11e nondefaulting party, in addition to any other
rights or remedies, shall be entitled to restraint by injunction of a violation, or
attempted or threatened violation, of any condition or provision of this
Agreement, or to a degree specifically compelling performance of any such
condition or provision. In any event, the parties expressly waive t11e defense that
a remedy in damages or at law would be adequate.
22. EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. -
(a) The Contractor will not discriminate against any employee or
applicant for employment because of physical or mental disability in regard to
any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified individuals with disabilities without
discrimination based on their physical or mental disability in all employment
practices, including the following:
(1) recruihnent, advertising, and job application
procedures;
(2) hiring, upgrading, promotion, award of tenure,
demotion, transfer, layoff, termination, right of return from layoff and rehiring;
(3) rates of pay or any other form of
compensation and changes in compensation;
(4) job assignments, job classifications, organizational
structures, position descriptions, lines of progression, and seniority lists;
(5) leaves of absence, sick leave, or any other leave;
(6) fringe benefits available by virtue of employment,
whether or not administered by the Contractor;
(7) selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related activities,
and selection for leaves of absence to pursue training;
(8) activities sponsored by the Contractor including
social or recreational programs; and
(9) any other term, condition, or privilege of
employment.
(b) The Contractor agrees to comply with t11e rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the act.
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(c) hl the event of the Contractor's noncompliance with the
requirements of this clause, actions for noncompliance may be taken in
accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the act.
(d) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be prescribed
by the Deputy Assistant Secretary for Federal Contract Compliance Programs,
provided by or through the contracting officer. Such notices shall state the
rights of applicants and employees as well as the Contractor's obligation
under the law to take affirmative action to employ and advance in
employment qualified employees and applicants with disabilities. The
Contractor must ensure that applicants and employees with disabilities are
informed of the contents of the notice (e.g., the Contractor may have the
notice read to a visually disabled individual, or may lower the posted notice
so that it might be read by a person in a wheelchair).
(e) The Contractor will notify each labor organization or
representative of workers wit11 which it has a collective bargaining
agreement or other contract understanding, that the Contractor is bound by
the terms of section 503 of the Rehabilitation Act of 1973, as amended, and is
committed to take affirmative action to employ and advance in employment
individuals with physical or mental disabilities.
(f) The Contractor will include the provisions of this clause in every
subcontract or purchase order in excess of $10,000, unless exempted by the
rules, regulations, or orders of the Secretary issued pursuant to section 503 of
the act, as amended, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as t11e Deputy Assistant Secretary for
Federal Contract Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
23. SPECIAL TERMS AND CONDITIONS. -
(a) Conunercial Goods or Services: Contractor shall fully comply
with the standards in Section 210(x)-(d) of OMB Circular A-133.
(b) Suspension and Debarment: Contractor shall fully comply with
Subpart C of 2 CFR Part 180 and 2 CRF Part 1532, entitled "Responsibilities of
Participants Regarding Transaction (Doing Business with Other Persons)." The
Contractor, by signature of this Agreement, certifies that it is not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded in any Federal departrnent or agency from participating in transactions.
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(c) Recycled Paper: Contractor agrees to submit reports to project
manager in portable document format (.pdf) or otherwise use recycled paper and
double-sided printing for all reports which are prepared as part of this
agreement.
(d) Trafficking in Persons: You as the Contractor, 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 I 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.
(e) ACORN Funding Restriction: No funds provided under this
Agreement may be used for sub-grants or contracts to the Association of
Communing Organizations for Reform NOW (ACORN) or any of its subsidiaries.
(f) Audit Requirements: Contractor shall fully comply with
requirements of the Single Audit Act Amendments of 1996 and OMB Circular A-
133, "Audits of States, Local Governments, and Non-Profit Organizations," if
applicable.
(g) Allowable Costs: Contractor shall submit expenditures that
meet the test of the appropriate OMB Circular.
(h) Nondiscrimination: During the performance of this Agreement,
the Contractor shall comply with all federal and state nondiscrimination laws,
regulations and policies.
(i) Publicity: The Contractor agrees to submit to HCCC all
advertising and publicity matters relating to this Agreement where HCCC or the
Washington State Deparhnent of Ecology's name is mentioned or language used
from which the connection of these entities name may be inferred or implied.
The Contractor agrees not to publish or use such advertising and publicity
matters without the prior written consent of HCCC.
(j) Lobbying: The Contractor's chief executive officer 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 Contractor shall abide by its
respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of
Federal grant funds for litigation against the United States or for lobbying or
other political activities.
(k) Subcontracting: The Contractor shall not enter into subcontracts
for any of the work contemplated under this agreement without prior written
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approval of HCCC. The Contractor is fully responsible for all contractual
obligations, financial or otherwise, to their subcontractors.
(1) Volunteers: If the Contractor uses volunteers to contribute
toward the restoration or monitoring project, this information will be conveyed
to the HCCC by submitting asign-in sheet indicating the name and number of
volunteer hours for each person.
(m) Cultural and Historic Preservation: The Contractor must comply
wit11 all requirements listed in Section 106 of the National Historic Preservation
Act prior to implementing any project that involves disturbing soil. The
Contractor must conduct and submit a cultural resources survey or submit an
EZ-1 Form to the HCCC project manager prior to any soil disturbing activities.
24. CONTRACTOR NON PERFORMANCE. -- The Contractor is
excused from its non performance of an obligation under this agreement if the
non-performance is caused by any act, omission, event or condition that is
outside of the Contractor's reasonable control. This includes, but is not limited
to, the failure of any person, party or organization to provide the Contractor
wit11 the information or capabilities necessary to enable the Contractor to
perform its obligations in the manner, and by the deadlines, specified in the
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective as of the day and year first above written.
Hood Canal Coordinating Council Contractor
Date: Date:
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Contract Representatives:
Scott Brewer, Executive Director
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 122
Poulsbo, WA 98370
Telephone: 360-394-0046
Name, Title
Jefferson County Conununity Development
621 Sheridan Street
Port Townsend, WA 98368-2439
Telephone: 360-379-4450
UBI No. 161-001-169
EIN: 91-6001322
DUNS: --
Project Managers:
Richard Brocksmith
Director for Habitat Programs
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 122
Poulsbo, WA 98370
Telephone: 360-394-7999
Stacie Hoskins and/ or Doiula Frostholm
Jefferson County Community Development
621 Sheridan Street
Port Townsend, WA 98368-2439
Telephone: 360- 379-4450
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EXHIBIT A
EPA/Ecology/Commerce Grant -Tasks ILF 6, ILF 7, and ILF 8
This scope of work and cost estimate has been prepared for work to be completed by Jefferson County
under the EPA/Ecology/Commerce grant for in-lieu fee mitigation (ILF) work. The following tasks and
deliverables were taken from the November 14, 2011 Implementing Watershed Characterization in
Hood Canal document prepared by Hood Canal Coordinating Council (HCCC).
The scope of work assumes the following:
• Any reference to a review of shoreline master program (SMP) regulatory requirements means
that both the current SMP and the proposed SMP update will be reviewed by County staff.
• The target dates will be used (unless noted otherwise in the text below) and that the County will
coordinate with HCCC to meet the 2012 deadlines outlined in the Implementing Watershed
Characterization in Hood Canal document.
The staff time estimates below assume that up to three planners will work on the project, with
all deliverables reviewed by the Planning Manager. Staff time includes some administrative
work, which will also be needed to complete each of the tasks. For this reason, Jefferson County
has used an average of $50 per hour to estimate the cost of completing ILF6, ILF 7, and ILF 8.
Based on this, Jefferson County staff will have 612 hours to work on tasks ILF 1 through ILF 8. Of
the 612 hours, approximately 508 hours (83 percent) are needed to completed ILF 6, ILF 7, and
ILF 8, as described below. The remaining 104 hours will be used by the County to assist HCCC
with ILF 1 through 5.
• Administrative time needed to complete each task includes, but is not limited to, record
management, billing, and submitting materials to HCCC.
• The totals below reflect staff time needed to complete the three ILF tasks. Other project-related
expenses are not included in this estimate; therefore, staff time may need to be adjusted to
account for any other expenses incurred during the course of the project.
ILF 6: IDENTIFY OPPORTUNITIES TO ENABLE WATERSHED-BASED MITIGATION IN EXISTING COUNTY ORDINANCES
Documentation of potential policy and/or regulatory barriers to offsite/ILF mitigation
• Jefferson County staff will review the county comprehensive plan, critical areas ordinance, and
shoreline master program for mitigation code requirements.
• County staff will identify any language in the comprehensive plan, the critical areas ordinance,
and the shoreline master program that limits or prohibits off-site orwatershed-based mitigation
or the use of ILF mitigation as compensation for development impacts.
• County staff will also identify those sections of the critical areas ordinance and shoreline master
program that allow for off-site orwatershed-based mitigation and that would be consistent with
allowing an applicant to use ILF mitigation.
• County staff will consider other county regulatory requirements (e.g., density, flood
development) within the Jefferson County Code to ensure that all potential barriers and
opportunities to using ILF mitigation are documented.
• Based on the above analysis of Jefferson County policies and regulatory requirements along with
input from HCCC and its contractors, County staff will either prepare a written document that
identifies any limitations to implementing an ILF mitigation program or assist HCCC in
documenting limitations.
Documentation of alternative mitigation strategies counties would like to pursue
• Based on the review completed for the above deliverable, County staff will document any code
sections in the critical areas ordinance or the shoreline master program that encourage
alternative means of providing mitigation.
• County staff will identify the types of development proposals that require mitigation and
identify mitigation strategies that would adequately compensate for those impacts, with
emphasis on ILF mitigation. This analysis will be based on the types of applications that have
come into the County in the past. It is assumed at this point that, under certain circumstances,
the County may want to use alternative types of mitigation, such as ILF, for development
proposals that do not have a federal nexus.
• County staff will also consider alternative mitigation strategies within the context of the County
Comprehensive Plan and all other Jefferson County Code chapters pertaining to land use and
zoning (such as Chapter 15.15 -Flood Damage Prevention) to ensure that any strategies
identified could be implemented.
To complete the deliverables described above for this task, it is estimated that Jefferson County staff will
need 236 hours (approximately $11,800 in labor) as follows:
• Planning Manager-24 hours;
• Planners - 188 hours; and
• Administrative - 24 hours.
Target date for completion is November 30, 2012.
ILF 7: SUPPORT COUNTY AND HCCC EFFORTS TO CODIFY MITIGATION IMPROVEMENTS
Policy and regulatory language enabling ILF mitigation
• Jefferson County will draft language to be used to allow alternative forms of mitigation for
development impacts to wetlands, fish and wildlife habitat conservation areas, and associated
buffers.
• As part of this task, Jefferson County will determine if modifications to the Jefferson County
Code (and SMP update) can be addressed administratively (such as a Jefferson County Code
Interpretation) or if the Jefferson County Code must be revised using the typical GMA process.
It should be noted that if the usual GMA process (which involves public meetings, code revision
review by the county planning commission, and adoption of an ordinance by the Jefferson
County Board of County Commissioners) is needed, then it may not be possible to meet the
target date of October 30, 2013 for this deliverable.
Draft and final interlocal agreements
• Jefferson County staff will coordinate with HCCC to prepare interlocal agreements for
alternative forms of mitigation, such as ILF. It is assumed that the final interlocal agreement will
be consistent with U.S. Army Corps of Engineers (Corps) and Washington Department of Ecology
(Ecology) mitigation requirements when there is a federal nexus, and that the final agreement
will also allow Jefferson County to use ILF mitigation in those situations where there is not a
federal nexus.
Informational/educational materials for the public and decision-makers
• For this deliverable, Jefferson County assumes that much of the information will be drafted by
HCCC and that Jefferson County staff will provide input during the process of preparing the
materials. Jefferson County assumes that the materials will be consistent with Corps and
Ecology requirements for mitigation, but that the materials could also be used if there is no
federal nexus.
• Jefferson County Department of Community Development currently has a Watershed Resource
Center with Planning Coaches available to assist individuals with the permitting process. As part
of this service, Jefferson County can make the ILF materials available to the public.
• Jefferson County staff will ensure that the final version of the materials is available as hard
copies in the Watershed Resource Center and available online. The materials could also be
handed out when Jefferson County Department of Community Development meets with
individuals from organization who need permitting information such contractors and realtors.
• Jefferson County assumes that the content of the informational/educational material would
include, but is not limited to, explaining the ILF mitigation option, identifying when off-site
mitigation may be a preferable option, presenting how alternative forms of mitigation meet the
intent of Jefferson County Code requirements to protect the environment, and identifying what
an applicant needs to submit to use ILF mitigation.
To complete the deliverables described above for this task, it is estimated that Jefferson County staff will
need 195 hours (approximately $9,750 in labor) as follows:
• Planning Manager-20 hours;
• Planners - 155 hours; and
• Administrative - 20 hours.
Target date for completion is October 30, 2013.
ILF 8: SUPPORT INITIAL COUNTY IMPLEMENTATION
Implementation and reporting mechanisms for frontline staff
• Jefferson County staff will coordinate with HCCC to develop protocols for implementing ILF
mitigation consistent with the ILF Instrument. As part of this deliverable, County staff will
provide information to HCCC to track ILF mitigation that is conducted within Jefferson County.
• Jefferson County will review impact assessments for each application submitted for compliance
with ILF requirements to ensure the proposal complies with Jefferson County Code mitigation
requirements, including those specific to the ILF program.
To complete the deliverables described above for this task, it is estimated that Jefferson County staff will
need 77 hours (approximately $3,850 in labor) as follows:
• Planning Manager-8 hours;
• Planners-61 hours; and
• Administrative-8 hours.
Target date for completion is November 30, 2013.
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