HomeMy WebLinkAboutState of Washington, Department of Ecology - Well Delegation - 070615lwm�
DEPARTMENT OF
ECOLOGY
State of Washington
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
IAA 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 payments shall be made to JCPH after quarterly reports are received.
ECOLOGY's project manager can suspend payments if JCPH 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, address, telephone, WA State Department
of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of
each subcontract.
7) 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.
S) 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 paying its own cost. As an alternative to this process, either of the parties may request
intervention by the Governor, as provided by RCW 43.17.330, in which event the 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 other sources is withdrawn, reduced, or limited in any way after the effective date and prior to
completion or expiration date of this Agreement, ECOLOGY, 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. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines
the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification
restrictions.
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 patty and shall not be considered for any purpose to be employees or agents of the other
ply.
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 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 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 parry, 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. 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) 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 bejointly 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 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.
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 obligations under this Agreement, or if
either party violates any of these terms and conditions, the aggrieved party will give the other parry 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.
17) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement upon thirty (30) days' prior written notification 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.
18) 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.
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
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 Jefferson County Board of County
Department of Ecology Commissioners
1
0
Thomas ra ger Date David Sullivan Date
Manager,' Water Resources Program Chair
Approved as to form:
Attorney General's Office
Appmed as farm 0*
Jefferson
David Alvarez, Chief Civil DPA
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 components
of Chapter 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. JCPH, shall at a minimum, conduct Twenty -five Percent (25 %) of all their inspections
while the driller is on -site. This percentage may be adjusted by the contract manager for
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.
Upon request, an additional detailed report shall itemize (at a minimum) the dates of inspection,
notice of intent numbers, well tag number, well owners, drilling company, and driller. The report 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.
State of Washington, Department of Ecology
IAA No.
Jefferson County Public Health
APPENDIX B
SPECIAL TERMS AND CONDITIONS
EDUCATIONAL REQUIREMENT 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.
3. 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.
5. Valid Washington State driver's license and a vehicle adequate for daily use on the
job.
DESIRED QUALIFICATIONS FOR JCPH 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.
3. Experience in operation and maintenance of groundwater monitoring equipment.
TRAINING FOR JCPH INSPECTORS
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, and an overview of all applicable laws and regulations pertaining to this agreement. New
inspectors will be trained by ECOLOGY and JCPH. Each new inspector shall be required to complete a
minimum of eight hours 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 JCPH inspectors will be required to obtain two (2) one -hour Continuing Education Units (CEUs) per
year in Washington State well construction rules and regulations. These CEUs will be available in public
meetings or at the request of the JCPH. If JCPH inspectors cannot travel outside local areas, ECOLOGY
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 ENFORCEMENT SUPPORT
ECOLOGY shall provide technical and enforcement support throughout the term of this agreement.
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
DEPARTMENT Of
ECOLOGY Quarterly Report Form
sine w -b.'4m
County Name:
Person reporting:
Quarter: ❑ JAN - MAR (due Apr 20'h)
❑ JUL - SEP (due Oct 20'")
Contact phone number:
Contact email:
❑ APR - JUN (due July 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 Decommissioning
Number
Reports of well decommissioning:
Number called -in to you
Number of well decommissioning inspected at least once:
Only first inspection
Total decommissioning inspections:
Could be more than one inspection per well call -in
Well decommissionings 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 completed form to:
Email: scma461 �ecv.wa.gov Mail: Department of Ecology
Well Construction Unit
FAX (with cover sheet): (360) 407 -7162 PO Box 47600
Olympia, WA 98504 -7600
ECY 070 -529 (03 -2015) To request ADA accommodation including materials in aformatfor the visually impaired, call Ecology Water Resources Program
at 360- 407 -6872. Persons with impaired hewing may call Washington Relay service at 711. Persons with speech disability may call TTY a1877 -833 -6341.
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
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 and 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. JCPH will conduct 25% of all 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:
i
'rip Morley Co my Administ for
Community Health
Developmental Disabilities
360- 385 -9400
360 - 385 -9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Wafer quality
360- 385 -9444
(f) 360- 379 -4487
615 Sheridan Street /S
Port Townsend, WA 98368 _,/
www.JeffersonCounfyPublicHealfh.org
CONTRACT REVIEW FORM
CONTRACT WITH: Department of Ecology
CONTRACT FOR: Well Delegation TERM:
COUNTY DEPARTMENT: Jefferson County
For More Information Contact: Jared Keefer
Contact Phone #: X411
RETURN TO: Denise Banker RETURN BY:
AMOUNT:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Step 1: REVIEW BY RISn
Review by:
Date Reviewed: _
APPROVED FORM
nments:
�` Sew G- u- uL,e.Q GvvYrnr�iS
ASAP
PROCESS:
EH -15.77
7/1/2015 - 6/30/2020
,Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Work Roster
❑ Vendor List Bid
❑ RFP or RFQ
O Other: Fee For Service
Comments)
Step 2: REVIEW BY PROE"G A T Y
Review by: �
Date Reviewed:
APPROVED AS TO FORM urn for revision (See Comments)
Commen 5cf m "Da INb ALL.- Ae-f Ians G m I� 1S
0o wal-D oouo 10 INDE/9�j
(This form t stay -W,046-0- oughol It the contract review process)
JUN 2 9 2015 i
JEFFERSON COUNTY
PROSECU(ING AFTORNEY i
Community Health _-.._ Environmental Health
Developmental Disabilities Water Quality
360- 385 -9400 360 -385 -9444
360 -385 -9401 ifi Always working for a safer and healthier community ifi 360- 379 -4487
TO: Jared Keefer; Denise Banker; Veronica Shaw
FM: Philip
DT: June 26, 2015
RE: Questions on Well Delegation contract w/ DOE
Jared, Denise, Veronica, I've signed off for Risk Management on this contract, and support this moving
forward. To this end, I'd appreciate some additional information regarding the following:
1. Agenda Request Memo: Could you pls add some financial information in the Fiscal Impact
section of the Agenda Request memo? In particular:
- Contract says we get 50% of notification fees: What are they?
Is it as follows ?:
DOE Notice of Intent Fee per well County Compensation per well
• well with top casing less than 12 inches is $200. $100
• well with top casing 12 inches or greater is $300. $150
• decommissioning a water well is $50. $ 25
- If the fees are that low, do they fully pay for our staff time? If not, is there a reason why this
contract is still in the county /public interest?
2. Clarification for Philip: I am guessing our contract does NOT cover inspection of dewatering
systems. Is that correct?
3. Risk Management clarification: The Contract does not appear to address liability or
indemnification. So I assume this means the County is assuming full liability for the inspections
and enforcement actions we perform for DOE under this Contract. Is that correct? Why or why
not is this liability something we should worry about? Thanks for clarifying this for me.
Thank you. T"
Philip L� tiot/�
7066 ��