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HomeMy WebLinkAbout070615_ca05�.._ 615 Sheridan Street Port Townsend, WA 98368 mloft www. JeffersonCountyPublicHealth.org 0 � f Public �� Consent Agenda June 18, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Director DATE: .. � SUBJECT: Agenda Item — Agency Agreement with Department of Ecology for Well Inspection Delegation C1500177; July 1, 2015 — June 30, 2020; Fee for Service STATEMENT OF ISSUE:: Jefferson County Public Health, Department of Environmental Health, requests Board approval of the Agency Agreement with Department of Ecology for Well Inspection Delegation C1500177; July 1, 2015 — June 30, 2020; Fee'for Service. ANALYSIS STRATEGIC GOALS PRO'S of d CON'S: This contract agreement has been in operation since 1998. This agreement with Department of Ecology is based on a fee for service (50 %) of water well notification and decommissioning fees for water wells constructed and decommissioned in Jefferson County after July 1, 2015. JCPH will administer and enforce the well sealing, tagging, and decommissioning portions of the water well construction, ensuring that ground water resources are preserved by overseeing those standards during inspection and guarding against waste and contamination of ground water resources. VJCPH will conduct 25 /o of � ll .la ee • � inspections while the driller is on -site. This contract provides for training to JCPH inspectors in well sealing, tagging, and decommissioning techniques focusing on enforcement, data collection techniques, field investigations, well construction, and overview of applicable laws and regulations consistent with this agreement. FISCAL. IMPACT COST BENEFIT ANALYSIS: This revenue was budgeted under client fees. Expenses are offsetting. RECOMMENDATION: JCPH management request approval of the Agency Agreement with Department of Ecology for Well Inspection Delegation #C1500177; July 1, 2015 — June 30, 2020; Fee For Service. REVIEWED BY: 4h ~�N Mo.. ley,(n — ry Administi�tor Date Community Health Environmental Health Developmental Disabilities Water Quality 360- 385 -9400 360- 385 -9444 360 -385 -9401 (f) Always working for a safer and healthier community (f) 360- 379 -4487 IAA No. C1500177 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH THIS INTERAGENCY AGREEMENT is made and entered into by and between the STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY," and the JEFFERSON COUNTY PUBLIC HEALTH, hereinafter referred to as the "JCPH," pursuant to the authority granted by Chapter 39.34 RCW. IT IS THE PURPOSE OF THIS AGREEMENT to: a) Provide delegation to JCPH, the authority to administer and enforce the well sealing, tagging, and decommissioning portions of the water well construction regulations in accordance with the provisions of Chapter 173 -160 WAC entitled Minimum Standards for Construction and Maintenance of Wells as now or hereafter amended; and b) Provide funds to assist JCPH in carrying out the activities described in this contract, in accordance with the statutes pertaining to the delegation of authority outlined in RCW 18.104, the Washington Well Construction Act. THEREFORE, IT IS MUTUALLY AGREED THAT: 1) STATEMENT OF WORK JCPH shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Appendix A, attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this IAA shall commence on July 1, 2015, and be completed by June 30, 2020, unless terminated sooner as provided herein. Amendments extending the period of performance, if any, shall be at the sole discretion of ECOLOGY. State of Washington, Department of Ecology lAA No. Jefferson County Public Health 3) PAYMENT Funding provided to JCPH by ECOLOGY is authorized under the provisions of RCW 18.104.150. ECOLOGY shall pay JCPH for services described as follows: Amount: Fifty Percent (50 %) of the notification fees collected for water wells constructed and decommissioned within Jefferson County during the time period covered by this agreement. 4) BILLING PROCEDURE On application, ECOLOGY will pay JCPH Fifty Percent (50 %) of the well construction and decommissioning fees collected for water wells constructed and decommissioned in Jefferson County after July 1, 2015, all parynients shall be made to 1C "PFI after quarterly reports are received. E�'COLOGY's project manager can suspend payments rl 1CPH is not complying with the scope of work. 5) ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6) SUBCONTRACTORS JCPH agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement for the performance. When federal funding is involved there will be additional subcontractor requirements and reporting. Prior to performance, JCPH shall identify subcontractor(s) who will perform services in fulfillment of Agreement requirements, including their name, the nature of services to be performed, adalrrss„ telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), arnrl anticipaled dollar value of each subcontract. 7) ASSIGNMENT "['lie work to be provided under this Agreement, nand ,.any claim arising thereunder, is not at signrable 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. 8) DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. The cost of resolution will be borne by each party Laying its own cost. As an alternative to this pi-ocess, either of the parties may request intervention by (lie tlovabmor, as provided by RCW 43.17.330, in which event, tlae Governor's process will control. 9) FUNDING AVAILABILITY ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or oth er sources is withdrawn, reducer], or limiter°] in ,,my way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, rn a:y elect to terminate the agreement, in whole or part, 'tor convenience or to renegotiate; the agreement subpect to new funding limitations and conditions. ECOLOGY may aako elect to suspend pet °forniance of the aa, rcernent until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. K State of Washington, Department of Ecology IAA No. Jefferson County Public Health 10) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 11) 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. 12) ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed written amendments to this Agreement. c. This Agreement. d. Statement of Work and Budget. e. Any other provisions of this Agreement, including materials incorporated by reference. 13) RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expender, by either party in the perl`ornaance 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 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 Marty to this Agreement to (lac other party, will remain the property of the furnishing party, unless otherwise. agreed. The receiving party will not disclose or nwke available this material to any third parties without first giving notice to the filrnishing parry and giving it ,ra. reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure thal records and documents provided by the other party are not erroneously disclosed to third parties. 14) 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 jointly owned by ECOLOGY and JCPH. 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. 15) 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 '[lie other provisions ofthis Agreement which can be given eaflcct without: the invalid provision, if such remainder conforms to the requirements of applicable law and the fundaiatcntal purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. State of Washington, Department of Ecology IAA No. Jefferson County Public Health 16) TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its of ligations under this Agreement, or it either party violates any of these terms and conditions, the aggrieved parly will give the offier party written notice o °I° such failure or violation. The responsible party will be given the opportunity to correct the violation or lailaare within 15 working days. If failure or violation is not corrected, this Agreentenl may be terminated in,urrediately by written notice of the aggrieved party to the other. 17) TERMINATION FOR CONVENIENCE Either party may ternihi tl.e this Agreement upon thirty (30) days' prior written noftIication to the tither party. If't�his Aga•ee;ment is so terminated, the parties shall be liable only for performance rendered or costs incurw °ed in accordance with the terms of this Agreement prior to the effective date of termination. 18) WAIVER A failure by either parity to exercise its rights under this Agreement shall not preclt�ade that party from subsequent exercise of such rights and shall not constitute a waiver ofany 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. 19) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The ECOLOGY Representative is: The JCPH Representative is: Name: Scott Malone Name: Jared Keefer, Director Address: PO Box 47600 Address: 615 Sheridan St Olympia, WA 98504 -7600 Port Townsend, WA 98368 -2439 Phone: (360) 407 -6648 Phone: (360) 385 -9411 Fax: (360) 407 -6574 Email: jkeefer @co.jefferson.wa.us Email: scott.malone @ecy.wa.gov 4 State of Washington, Department of Ecology IAA No. Jefferson County Public Health 20) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington Department of Ecology By Thomas Loranger Date Manager, Water Resources Program Approved as to form: .Aqffl1qy-QtnqraPs Office Jefferson County Board of County Commissioners By David Sullivan Chair 4W as form �° ffemn Co. Pi siiiii&i t David Alvarez, Chief Civil DPA Date State of Washington, Department of Ecology IAA No. Jefferson County Public Health APPENDIX A STATEMENT OF WORK JCPH shall implement the provisions of the well tagging, sealing and decommissioning con1ponents of Chaplet, 173 -160 WAC. Authority for this action of delegation and funding is provided through the provisions of RCW 18.104.043 and 18.104.150. Delegation of authority to inspect wells applies only to water supply wells. A. JCPH shall inspect: • A minimum of Fifty Percent (50 %) of water wells being drilled annually in Jefferson County for proper sealing and tagging; and • A minimum of Ninety Percent (90 %) of wells being decommissioned annually in Jefferson County. B. .1011 -1, shall at a minimum, conduct Tivenly -five Percent (25 %) of all their inspections while the driller is on -site. This percentage jnay be adjusted by the contract manager fiir driller "no shows ". C. Administer and enforce the provisions of Chapter 173 -160 WAC, Sections: 173 -160- 101, 173 - 160 -181, 173 - 160 -221, 173 - 160 -231, 173- 160 -241, 173 - 160 -251, 173 -160- 261, 173 - 160 -271, 173- 160 -311, 173 -160 -381 and any subsequent revisions. D. This agreement does not preclude JCPH from adopting their own well construction rules or charging additional fees for well inspections. E. This agreement does not preclude Ecology from enforcing these regulations in Jefferson County. Deliverables: JCPH shall submit a quarterly report to ECOLOGY which summarizes the well drilling activities for that reporting period. The quarterly report, as incorporated into this agreement shall be submitted on the form provided by ECOLOGY and shall include the number of well construction and decommissioning notices received by JCPH as well as the number of inspections made. The report shall indicate if the driller was present during the inspection and if the driller was a "no show" at the scheduled time of inspection. (Jpon regrIest, an additional detailed report shall itemize (at a minimum) the date, o rnspcction, notice of intent numbers, wei:l tag number, well owners, drilling company, and dril lcr. . 1 he repo, it will also identify any enforcement activities and any variances issued. Due Date: Quarterly reports are due on January 20th, April 20th, July 20th and October 20th for inspections done in the prior three month period. 2 State of Washington, Department of Ecology IAA No. Jefferson County Public Health APPENDIX B SPECIAL TERMS AND CONDITIONS Et)Ii "A "I'l(JNAIwr Ili +;( )1AREP I1 &.f" T FOR JCPH INSPECTORS JCPH will ensure that inspectors will have the following minimum qualifications. A Bachelor's degree from an accredited college or university involving major study in environmental health, sanitary science, bacteriology or public health, or other closely related science field. On the job experience with a health jurisdiction involving environmental health related work may be substituted year for year for the college education, including substituting for the requirement of a bachelor's degree. Experience obtained through military service may be substituted year- for -year for up to two (2) years of college education. 2. Demonstrated written and oral communication skills. Ability to establish and maintain professional and cooperative relationships with the public, state and federal agency personnel, and county personnel. 4. Physical capability to work outdoors under inclement weather conditions and climbing over rough terrain. Valid Washington State driver's license and a vehicle adequate for daily use on the job. DE'SIR'ED QUALIFICATIONS FOR JCI')H INSPECTORS Registration as a Sanitarian with the Washington State Board of Registered Sanitarians or National Environmental Health Association, or eligibility for registration in either. 2. Registration as a Professional Engineer, Geologist, Hydrogeologist, or Engineering Geologist. Experience in operation and maintenance of groundwater monitoring equipment. TRAINING I+OI� JCPH INS]"ECTOR ECOLOGY shall provide training for JCPH inspectors in well sealing, tagging and decommissioning techniques. Training will focus on enforcement, data collection techniques, field investigations, well construction, rand an overview of all applicable laws and regulations pertaining to this agreement. New inspectors will be trained by ECOLOGY and JCP11. F "aach new inspector shall be required to c=omplete a minimum o�f eight liours of classroom instruction provided by ECOLOGY. Twenty -eight hours of field instruction shall be provided by the combined resources of ECOLOGY and JCPH. JCPH shall provide adequate time and funding for inspectors to attend this training. State of Washington, Department of Ecology IAA No. Jefferson County Public Health All .ICIII-1 inspectors will be required to oblriin two (2) onc-hc.uir C ontiniring Education L)nits (CE Us) per year in W asliington State well construction rules and regulations, "l °lapse CFUs will be. available in public rncetings or at the regtrest ofthe XI'll, lfJCl'l -1 inspectors cannot travel outside loud areas, FIC "OLC: GY staff will travel to the JCPH or to a nearby location where several counties can be trained at one time. CEUS will be tracked by the ECOLOGY project manager. TECHNICAL AND ENITORCEMEl' T SUPPORT ECOLOGY shall provide technical and enforccinent support throughout the term of this agre naent. The primary point of contact for technical and enforcement assistance will be the Well Construction and Licensing Program Coordinator (360) 407 -6648. VIOLATIONS PROCEDURES JCPH shall supply ECOLOGY with a copy of their enforcement procedures relating to the delegated items of this agreement within ninety (90) days from signing. Violations identified by JCPH which are not covered by this agreement shall be reported to ECOLOGY's Southwest Regional Office (360) 407 -0297. Verbal notification of these types of violations shall be given within 24 hours. To facilitate ECOLOGY's role in future enforcement actions, written documentation of suspected violations may be required and will be evaluated by ECOLOGY on a case by case basis Specific enforcement procedures will be included in the basic training instructions. ANNUAL REVIEW JCPH and ECOLOGY shall review and evaluate the terms of this agreement annually upon a mutually agreed month. At a minimum, the evaluation must include an audit of construction inspections, decommissioning inspections, enforcement activities, variances, and other driller interactions that occurred during the year. The evaluation will also address the need to update or otherwise change portions of this agreement. ECOLOGY shall prepare a report of the findings. The report shall be made available via the internet or upon request. Well Construction and Decommissioning DEPARIMENY OF ECOLOGY Quarterly Report Form S'­ a —hog.." County Name: Contact phone number:— . .... . ............ . Person reporting:__.. -.._. ..... . Contact email:—.—, . ..... Quarter: F-1 JAN - MAR (due Apr 20"') ❑ APR - JUN (due July 20) ❑ JUL - SEP (due Oct 20"') OCT - DEC (due Jan 20`") . .......... Well Construction Number Reports of new (and alteration of existing) wells: Number called-in to you New wells (and alteration of existing) inspected at least once: Only first inspection Total number of well inspections: Could be more than one inspection per well call-in Wells inspected with driller present: Interaction with driller is encouraged .......... Planned well inspections with driller absent: Driller no-shows get inspection credit of 25% if it is not county's fault Well Decom missioning Number Reports of well decommissioning: Number called-in to you best wll eommissioning inspected at least once: Only inspection --;Total decommissioning inspections: Could be more than one inspection per well call-in . ....... . . ...... _ , --w—eli d'e' c—ommissionings inspected with driller present: Interaction with driller is encouraged Planned decommissioning inspections with driller absent: Driller no-shows get inspection credit of 25% if it is not county's fault Ecology Contact: Scott A. Malone, LHG State Well Construction and Licensing Coordinator Phone (360) 407-6648 Send cornnicted form to: Email: scilia46 lji'r Cc� 11VV - )V y", FAX (with cover sheet): (360) 407-7162 Mail: Department of Ecology Well Construction Unit PO Box 47600 Olympia, WA 98504-7600 ECY 070-529 (03-2015) To request ADA accommodation including materials in o format for the visually impaired, call Ecology Water Resources Program at 360 -407 -6872. Persons with impaired hearing nray call Washington Relay Service at 711. Persons with speech disability may call TTY at 877- 833 -6341.