HomeMy WebLinkAbout012521_ca05 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of Commissioners
FROM: Donna Frostholm,Associate Planner
DATE: January 25,2021
RE: Puget Sound Partnership Near Term Action—Amend Interlocal
Agreement to Revise Deliverable Due Dates for Existing Grant
STATEMENT OF ISSUE:
The Jefferson County Board of County Commissioners (BoCC) approved an Interlocal
Agreement between Clallam County and Jefferson County on January 6, 2020 that allowed
Department of Community Development to work on a grant funded by Puget Sound
Partnership (PSP). Due to the pandemic and other unforeseen circumstances,neither Jefferson
County nor Clallam County were able to meet the original grant due dates for deliverables. As
a result, PSP and Clallam County, as the grant administrator, amended the Agreement in
September 2020 as Amendment#1. This amended Agreement requires that the Interlocal
Agreement also be revised.
ANALYSIS:
The due dates for deliverables are the only portion of the grant being amended. The scope of
work, as originally presented to the BoCC remains the same and includes the following:
• Refine office/field forms and databases produced earlier;
• Review efficacies of office monitoring of permitting process;
• Continue selected field monitoring of permit compliance;
• Compliance and,if needed, enforcement strategy identification and assessment;
• Adaptive management related to 8-year SMP periodic updates;
• Project report and recommendations;
• Public engagement and community outreach; and
• Project management/project coordination.
This grant builds on previous work completed by DCD under a separate grant and would assist
in identifying data and coordination needs for the 2020-21 Shoreline Master Program periodic
review and update.
FISCAL IMPACT:
Total funding for this NTA is$233,000,with Jefferson County receiving half of the total
amount($116,500). To date, DCD has invoiced $15,000, with $101,500 to be invoiced upon
completion of the remaining tasks. With the revised deadline, this grant would provide
funding to DCD through August 31, 2022. Jefferson County would continue send invoices for
reimbursement to Clallam County through the Interlocal Agreement, as amended.
RECOMMENDATION:
DCD recommends the BoCC approve the Amended Interlocal Agreement between Jefferson
County and Clallam County.
REVIEWED BY:
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Attachments:
Contract Review Form 2021 PSP Grant
2021 Amended Interlocal Agreement/PSP-Clallam County Amendment#1/PSP-Clallam
County Agreement
AMENDED INTERLOCAL AGREEMENT
Developing tools for implementing and monitoring adopted SMPs
Shoreline Master Program Effectiveness on the North Olympic Peninsula
This Amended Interlocal Agreement revises the terms (including extending the
expiration date)of the Interlocal Agreement entered into on February , 2021 by and
tw be een Clallam County, a political subdivision of the State of Washington, having
offices for the transaction of business at 223 East 4th Street, Port Angeles,Washington
98362, hereinafter referred to as "Clallam County," and Jefferson County, a political
subdivision of the State of Washington, having offices for the transaction of business at
P.O. Box 1220, Port Townsend, Washington 98368, hereinafter referred to as "Jefferson
County," and jointly hereinafter referred to as the "Parties."
A. RCW 90.58.080 requires each county to initiate planning for the Shoreline
Master Program (SMP). WAC 173-26-186(8)directs that updated master
programs"include policies and regulations designed to achieve no net loss of
those ecological functions."
B. Clallam County has received funding from Puget Sound Partnership
("Partnership")to supplement and augment its Shoreline Master Program (SMP)
update to enhance protection of Puget Sound. Clallam County is required to
develop policies and regulations that achieve "No Net Loss" (NNL)of ecological
functions and seeks to create a framework for assessing and tracking the impacts
of development using indicators of ecological function.
C. Included in the Partnership grant is funding for developing tools to implement
and monitor adopted SMPs in Clallam and Jefferson Counties. Clallam County
intends to implement this element of the Partnership grant in collaboration with
Jefferson County to assist in effectively applying the principles of No Net Loss to
Shoreline Master Program implementation.
NOW, THEREFORE,the Parties agree as follows:
1. Through this Amended Agreement under RCW 39.34,Jefferson County
will collaborate with Clallam County to implement the "Shoreline Master
Program Effectiveness Study on the North Olympic Peninsula"
Interagency Agreement (the "Interagency Agreement")and Amendment
# 1 to the Interagency Agreement dated September 15, 2020, both
attached hereto and made a part hereof. The Interagency Agreement
includes Exhibit A (General Terms and Conditions), Exhibit B (Statement
of Work& Budget), and Exhibit C(Deliverable & Billing Procedures) and
Amendment# 1 to the Interagency Agreement amends Exhibit B,the
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Period of Performance and information pertaining to Clallam County's
Project Manager.
2. Jefferson County agrees to provide the following:
A. Participate in project-related calls between Partnership, Clallam
County, and Jefferson County.
B. Provide quarterly update reports on activities associated with this
project.
C. Coordinate and collaborate with Clallam County and the Partnership
to support completion of the tasks identified in Exhibit B (as amended
by Amendment#1 to the Interagency Agreement).
D. Submit invoices to Clallam County for reimbursement based on
amounts payable and billing procedures, as presented in Exhibit B(as
amended by Amendment#1 to the Interagency Agreement) and
Exhibit C, respectively, of the Interagency Agreement. The total
amount to be invoiced by Jefferson County is$116,500, as follows:
i.Task 1: Maximum amount to be invoiced is 50 percent of the task
total,or$6,500(subtask 1.a is$1,000, subtask 1.b is$2,000,
and subtask 1.c is$3,500).
ii.Tasks 2 and 3: No Jefferson County invoicing;these tasks are to
be completed entirely by Clallam County.
iii.Tasks 4 and 5: These tasks are to be completed entirely by
Jefferson County; maximum amount to be invoiced is 100
percent of task totals,or$102,000 (Task 4-$77,000 and Task
5-$25,000).
iv.Task 6: Maximum amount to be invoiced is 50 percent of the task
total, or$8,000 (subtask 6.a is$4,000 and subtask 6.b is
$4,000).
3. Clallam County agrees to provide the following:
A. Manage the Partnership grant.
B. Reimburse, pursuant to properly completed invoices, Parties for
expenses they have incurred during the performance of Tasks 1, 4, 5,
and 6 as identified in Exhibit B (as amended by Amendment# 1 to the
Interagency Agreement).
C. Obtain written concurrence from Jefferson County prior to amending
or removing Tasks 1,4, 5,and/or 6 as identified in Exhibit B (as
amended by Amendment#1 to the Interagency Agreement).
4. Designation of Key Staff. The Clallam County Board of County
Commissioners and Jefferson County Board of County Commissioners will
oversee the progress of the collaborative work and will set the overall
direction for further discussion and action, consistent with the terms of
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this Interlocal Agreement. The activities performed under the Agreement
shall be jointly administered for each of the respective Parties under RCW
39.34.030(4)(a) by the following representatives:
A. For Clallam County by Clallam County Department of Community
Development Acting Manager to Code Enforcement, Diane Harvey,
223 East 4th Street,Suite 5, Port Angeles WA 98362 (360.417.2520);
and;
B. For Jefferson County by Jefferson County Department of Community
Development Associate Planner, Donna Frostholm, 621 Sheridan St.,
Port Townsend,WA 98368 (360.379.4450).
5. Scope of Services. Following consultation and approval of the Clallam
County Department of Community Development,Jefferson County will
adhere to all administrative and programmatic provisions in performing
the scope of services as described by Exhibit B (as amended by
Amendment#1 to the Interagency Agreement. The Parties agree to
exercise good faith and best efforts to comply with the assignments and
deadlines leading to the completion of the identified tasks.
6. Written Amendments. The Parties, by mutual written agreement, may
revise this Amended Interlocal Agreement and its attached scope of
services.
7. Effective Dates. This Amended Interlocal Agreement shall be effective as
of the date signed by the last party and expire on August 31, 2022. The
Parties agree to extend the foregoing deadlines from time to time as is
reasonably necessary and for good cause.
8. Dispute Resolution. Any dispute between the Parties that cannot be
resolved between the Parties shall first be resolved by a conference
between the Parties' representatives listed above in Section 4. If that
fails to resolve the dispute,then the dispute shall be submitted to the
County Administrators for Jefferson and Clallam County for resolution. If
submission to the County Administrators does not resolve a dispute
between the Parties,then either Party may submit the dispute to
mediation to be decided by a mutually agreed upon person or panel. The
costs of the mediation shall be equally split between the Parties.
9. Right to Terminate. This Amended Interlocal Agreement may be
terminated by any Party at any time upon not less than sixty(60) days
written notice.
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10. Effect. This Amended Interlocal Agreement shall be binding upon the
Parties and the Parties shall be held responsible to the agreed upon
deadlines.
11. Personal property. The Parties to this Amended Interlocal Agreement
may after expiration of this grant and in a manner consistent with Section
17 of the US Environmental Protection Agency Cooperative Agreement
PO108801 retain any personal property purchased with these
Partnership grant funds.
(SIGNATURES APPEAR ON THE NEXT PAGE)
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IN WITNESS WHEREOF,the Parties have caused this Amended Interlocal
Agreement to be executed effective the date and year signed by the last party to
provide their signature below.
CLALLAM COUNTY BOARD OF JEFFERSON COUNTY BOARD OF
COMMISSIONERS COMMISSIONERS
Mark Ozias, Chair DATE Kate Dean, Chair
Randy Johnson, Commissioner Greg Brotherton, Commissioner
Bill Peach, Commissioner Heidi Eisenhour, Commissioner
Attest: Attest:
Alana Gores, Clerk of the Board Carolyn Gallaway,Clerk of the Board
Approved as to Form: Approved as to Form:
t3° C /177
David Alvarez, Chief Civil Prosecuting Philip C. Hunsucker, Chief Ci it eputy
Attorney Prosecuting Attorney
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