HomeMy WebLinkAbout030821_ca05Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of Commissioner
Philip Morley, County Administrator
FROM: Patty Charnas, Director, Dept. Community Development (DCD)
DATE: March 8, 2021
RE: Supplement # 1 to the Professional Services Contract for Watkins
Law PLLC- Adding Tasks, Funds and Time Extension.
STATEMENT OF ISSUE:
The purpose of this amendment is to allow for additional time, tasks and funding to the
existing contract with Watkins Law PLLC for the purpose of providing interim management
services to DCD while the department recruits for a permanent Planning Manager.
This supplement provides additional consultant contract time, tasks and funding and extends
the existing contract to May 31, 2021 or such time a permanent Planning Manager is hired,
whichever comes first.
ANALYSIS:
The Department of Community Development ("DCD") leads the County's efforts in the
planning, land use and environmental permitting and planning projects. The department has
been without a Planning Manager since fall of 2019. In the interim, contractual leadership has
been used for both the Planning Manager position and duties as well as for the Director
position and duties when that position was temporarily reassigned to address the public health
emergency due to the COVID-19 pandemic.
Contracted professional services are needed to provide management capacity to DCD while
DCD works with other county leaders to recruit, interview and select a permanent Planning
Manager. The term of the current Professional Services Agreement for Watkins Law LLC
expires on May 1, 2021. This amendment provides additional time, tasks and funds in support
of interim Planning Manager services. The principal of Watkins Law PLLC previously held
the position of DCD Planning Manager in 2018-19 after which the incumbent was hired as the
Deputy Civil Prosecuting Attorney with Jefferson County. The services provided by Mr.
Watkins both as the previous Planning Manager and currently as the consultant assisting the
2020 Comprehensive Plan docket have been highly satisfactory and this work has assisted the
County in accomplishing solid work and policy recommendations.
Consent Agenda
FISCAL IMPACT:
This Supplement #1 is not to exceed $31,200. These funds are budgeted for the Planning
Manager position in the department's approved budget.
RECOMMENDATION:
Execute the contract amendment.
DEPARTMENT CONTACT:
Patty Charnas, Director, Department of Community Development
REVIEWED BY:
-Philip Morley},_ my Administrator Date
Organization and Address
Supplemental Agreement
Number 1
Watkins Law PLLC
61 Shorecrest Ct
Port Townsend, WA 98368
Agreement Number
Project Number
Phone
360-562-0466
Project Title
Contract Current Contract Estimated Contract
Professional Services Agreement for Watkins
Not to Exceed: Balance: Supplement:
Law PLLC
$25,008 $3,768 $31,200
Description
Supplement No. 1 to Professional Services Agreement
Supporting the 2020 Annual Comprehensive Plan
Amendment Docket is appended with: (1) Exhibit "C"
— Additional Level of Effort, Scone of Work, and
Time adding additional time, funding, and tasks to the Time for Performance from May 1, 2021 to May 31, 2021
adding 30 days, an additional task, and an additional $31,200 in project funding.
Jefferson Countydesires to supplement the agreement entered into with Watkins Law PLLC and executed
on November 9, 2020 and identified as Agreement No. Professional Services Agreement Supporting
the 2020 Annual Comprehensive Plan Docket.
All provisions in the basic Professional Services Contract, dated November 9, 2020 remain in effect
except as expressly modified by this supplement.
The Professional Services Agreement for Watkins Law PLLC, by Jefferson County and Watkins Law
PLLC, executed on November 9, 2020 supporting the 2020 Annual Comprehensive Plan Amendment
Docket, is hereby amended as described in this Supplement No. 1.
1. Section 1. Project Designation of the Agreement is hereby amended as follows:
a. The Consultant is retained by Jefferson County to perform the following project:
Professional consulting services supporting the 2020 Annual Comprehensive Plan
Amendment Docket. The project includes coordination, research, development of
draft regulations and amendment, public meeting and hearing support, and
compliance support. In addition the Consultant is retained to provide "Interim
Planning Manager Services" pursuant to Supplement No. 1.
2. Section 2. Scope of Services of the Agreement is hereby amended as follows:
a. Consultant agrees to perform the services, identified on Exhibit "A" attached
hereto, including the provision of all labor. Consultant also agrees to perform the
Interim Planning Manager Services as identified on Exhibit "C".
Section 3. Time for Performance of the Agreement is hereby amended as follows:
a. Work under this contract shall commence upon the giving of written notice by the
County to the Consultant to proceed. Consultant receipt of a Purchase Order shall
constitute said notice. Consultant shall perform all services and provide all work
product required pursuant to this agreement on the dates listed on Exhibit "A".
Page 1 of 4
The Consultant shall perform all Interim Planning Manager services pursuant to
Exhibit "C". For Task 8, Interim Planning Manager Service, work shall
commence upon the execution of this Supplement and continue until May 31,
2021, until a permanent Planning Manager is hired, or until either party terminates
this Agreement.
4. Paragraph a of Section 4. Payment of the Agreement is hereby amended as follows:
a. Payment for the work provided by Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $25,008.00 without express written modification of
the agreement signed by the County.
Payment for the work provided by Consultant shall be made as provided on
Exhibit "C" attached hereto, provided that the total amount of payment to
Consultant for Task 8 — Interim Planning Manager Services shall not exceed
$31,200 without express written modification of the agreement signed by the
County. The hourly rate for the Consultant for Task 8 — Interim Planning Manager
is $65.00 per hour, not to exceed 160 hours per month or $10,400 per month.
Total payments to Consultant shall not exceed $56,208, including Supplement
No. 1.
5. Paragraph a of Section 14. Termination of the Agreement is hereby amended as follows:
a. The County or the Consultant reserves the right to terminate this agreement at any
time by giving ten (10) days written notice to the Consultant or County.
6. All other provisions of the Agreement as executed on November 9, 2020 remain in effect
as expressly modified by this Supplement No. 1.
7. Supplement No. 1 shall take effect immediately upon execution by all parties.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 2 of 4
DATED this day of
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
Bv:
Kate Dean, Chair
Date
By:
Greg Brotherton, Commissioner Date
By:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
(?. r March 4, 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Patty Charnas, Date
DCD Director
Page 3 of 4
2021.
WATKINS LAW PLLC
By:
Signature
Name:
Title:
Date:
Exhibit "C" — Additional Level of Effort, Scope of Work, and Time
Professional Services Agreement Supporting the 2020 Annual Comprehensive Plan
Amendment Docket
Watkins Law PLLC and Jefferson County, Washington
The Professional Services Agreement with Watkins Law PLLC supporting the 2020 Annual
Comprehensive Plan Amendment Docket is supplemented to provide additional time, level of effort, and
scope. Due to the unforeseen staffing issues at Jefferson County, the additional Scope of Work is added in
Supplement 1:
Task 8 — Interim Planning Manager Services
The following outlines the high-level elements of the project scope for the Interim Planning Manager
Services supporting long-range and current planning at Jefferson County Department of Community
Development ("DCD"). Austin Watkins will perform in an Interim position as the Planning Manager for
Jefferson County DCD until May 31, 2021, until a permanent Planning Manager is hired, or until either
party terminates this Agreement. These duties are in addition to the scope of duties Mr. Watkins would
perform under the existing Agreement.
Mr. Watkins agrees to perform the duties of the Planning Manager, as described in the August 29, 2016
Planning Manager Position Description developed and approved by Jefferson County. Example duties
include:
• Supervises land use permitting processes form pre -application through appeals;
• Supervises land use and environmental permit review as the UDC Administrator;
• Serves as Acting Director in the event of the Director's absence;
• Prepares annual work plans, performance measures, and makes recommendations on land use
ordinances;
• Assigns works plans to appropriate staff, monitors completion, assures quality, and meets
timeline obligations of departmental work plans;
• Provides assistance to customer and the general public including complaints;
• Makes presentations to various boards, commission, and public interest groups; and,
• Other duties as assigned.
Cost for Task 8 — Interim Planning Manager Services
Mr. Watkins agrees to perform Task 8 — Interim Planning Manager Services at a discounted cost of
$65.00 per hour, not to exceed 160 hours per month or $10,400 per month.
Page 4 of 4
Mlcil.-'bu�
PROFESSIONAL SERVICES AGREEMENT SUPPORTING THE 2020 ANNUAL
COMPREHENSIVE PLAN AMENDMENT DOCKET
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Watkins Law PLLC, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
l . Project Designation. The Consultant is retained by the County to perform the following
project: Professional consulting services supporting the 2020 Annual Comprehensive
Plan Amendment Docket. The project includes coordination, research, development of
draft regulations and amendments, public meeting and hearing support, and compliance
support..
2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant receipt of a
Purchase Order shall constitute said notice. Consultant shall perform all services and
provide all work product required pursuant to this agreement on the dates listed on
Exhibit "A"
4. Payment. The Consultant shall be paid by the County for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $25,008.00 without express written modification of
the agreement signed by the County.
b. The consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date, up to 80%
of total project costs. Such vouchers will be checked by the County, and upon
approval thereof, payment will be made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this agreement and its acceptance by the
County.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
CONSULTANT AGREEMENT
Page 1 of 11
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
6. Compliance with laws. Consultant shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
agreement.
7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorney's fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
8. Insurance. The Consultant shall obtain and keep in force during the terms of the
Agreement, policies of insurance as follows:
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Consultant, Worker's Compensation Insurance in an
amount or amounts that are not less than the required statutory minimum(s) as established
by the State of Washington or the state or province where the Consultant is located.
Automobile Liability Insurance providing bodily injury and property damage liability
coverage for all owned and non -owned vehicles assigned to or used in the performance of
the work for a combined single limit of not less than $500,000 each occurrence.
9. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of
an employer with respect to Consultant, or any employee of Consultant.
CONSULTANT AGREEMENT
Page 2 of 11
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than.a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the County shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
13. Non -Waiver. Waiver by the County of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provision.
14. Termination.
a. The County reserves the right to terminate this agreement at any time by giving
ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this agreement between surviving members of the Consultant
and the County, if the County so chooses.
15. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United State mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notice to the County shall be sent to the following address:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
CONSULTANT AGREEMENT
Page 3 of 11
Watkins Law PLLC
c/o Austin Watkins
61 Shorecrest Ct
Port Townsend, WA 98368
awatkins@watkinslawpllc.com
16. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both County and
Consultant.
17. All work performed by Consultant consistent with this Agreement after November 3,
2020 but before the Agreement's execution is ratified.
CONSULTANT AGREEMENT
Page 4 of 11
SIGNATURE PAGE
DATED this q'8day of Mvoltt?E�- 12020.
SIGNATURE PAGE
" r. . W-Im
Title IF
[ (D ( (9 ( a-k-ao
Date
JEFFERSON COUNTY
BOARD O COMMISSIONERS
-Greg Brot erton, Chair
Kate Dean, e ber,
David V. MilliVan, Mem er
Approved as to form only:
0- Co WOPhilip Hunsucker
Chief Civil Deputy Prosecuting Attorney
CONSULTANT AGREEMENT
Page 5 of I 1
Exhibit "A" Scope of Services
Deliverables and Schedule:
Task 1 — Project Initiation — November 2020
• No deliverables
Task 2 — Project Planning_ November/December 2020
• Marijuana Regulations
o Land availability analysis of marijuana grow and production facilities outside of
all RR zoning, and the prohibition of grow, production and retail of marijuana in
all RR zoning.
• Brinnon Sewer Regulations
o Policy Paper on potential extension of the Dosewallips State Park sewer system.
Task 3 — Draft Development Regulations and Comprehensive Plan Amendments — December
2020
• Draft Marijuana Regulations;
• Draft Brinnon Sewer Regulations; and,
• Draft Port Hadlock Sewer Comprehensive Plan Amendments.
Task 4 -- Planning Commission Support — January/February 2021
• Planning Commission Staff Report for all docket items.
• Summary Matrix of Public Hearing Comments;
• Revised Draft Marijuana Regulations, Brinnon Sewer Regulations, and Port Hadlock
Sewer Amendments (REV 1); and,
• Draft Planning Commission Findings of Fact and BoCC Transmittal Letter.
Task 5 — Draft Ordinance and Compliance Documents — January/February 2021
• Draft adopting ordinance for all docket items;
• State Environmental Policy Act ("SEPA") Environmental Checklist for: (1) Marijuana
Regulations; (2) Brinnon Sewer Regulations; and (3) Port Hadlock Sewer;
• Draft SEPA threshold determination documents for all docket items; and,
• Package for WA Commerce 60-Day Notice of GMA Adoption for all docket items.
Task 6 — Board of County Commissioners Support — March/April 2021.
• BoCC staff report for all docket items;
• Summary Matrix of Public Hearing Comments; and,
CONSULTANT AGREEMENT
Page 6 of 11
• Revised Draft Marijuana Regulations, Brinnon Sewer Regulations, and Port Hadlock
Sewer Amendments (REV 2); and,
• Final adopting ordinance.
Task 7 — Project Management and Ad Hoc Meetings.
• Monthly project status update due by the first of each month.
Proposed contract completion date of May 1, 2021.
Detail of Proposed Tasks:
1. Project Initiation — Estimated 2 Hours — November 2020.
1. 1. Project kickoff meeting with Jefferson County DCD — est. 2 hour — November 2020.
2. Project Planning — Estimated 52 Hours — November/December 2020.
2. 1. Marijuana Regulations
2.1.1. Land Availability Analysis - est. 12 hours — November 2020.
2.1.1.1. Review properties outside RR zones for potential marijuana production
and/or processing facilities based upon site characteristics, existing
development regulations, and potential development regulations.
2.1.2. COAs — est. 8 hours — November/December 2020.
2.1.2.1. Develop at least two development regulation COAs based upon the land
availability analysis, existing development regulations, the Comprehensive
Plan, Growth Management Act ("GMA"), and other regulations addressing the
diverse stakeholder needs. Generally, the COAs should be: (1) no action; (2)
no grow or production in all rural residential zones; The COAs will be used to
guide policy discussions with Jefferson County DCD, Planning Commission,
and BoCC.
2.2. Brinnon Sewer Regulations
2.2.1. Policy Paper on Brinnon Sewer Regulations — est. 24 hours —
November/December 2020.
2.2.1.1. Develop a policy paper detailing options for Jefferson County to extend
sewer services to the Brinnon Limited Area of More Intensive Rural
Development ("LAMIRD"). The policy paper will: (1) analyze GMA
compliance; (2) provide a brief overview of Growth Management Hearings
Board decisions and relevant case law; (3) describe the treatment of sewers
within LAMIRDs in other counties; (4) develop recommended policy options;
and (5) identify potential properties for sewer connections. The policy paper
will be integrated into the staff report or added as a supporting document.
2.3. Port Hadlock Sewer
CONSULTANT AGREEMENT
Page 7 of 11
2.3.1. Review the 2020 Port Hadlock Sewer Plan —est. 2 hours —November/December
2020.
2.3.1.1. Review the 2020 Port Hadlock Sewer Plan and identify required
Comprehensive Plan edits.
2.4. Seton Site -Specific
2.4.1. Coordination with Jefferson County DCD on the Seton site -specific rezone — est.
6 hours — December through April 2020.
2.4.1.1. Review and provide comments (if applicable) on the Seton site -specific
rezone documents, including SEPA, traffic studies, and county department
comments.
3. Draft Development Regulations and Amendments — Estimated 56 Hours — December
2020
3.1. Marijuana Regulations — est. 20 hours — December 2020.
3.1.1. Based upon stakeholder input and the COAs develop draft development
regulations implementing the desired policy choice. At a minimum this task
includes revisions to Jefferson County Code ("JCC") 18.20.295 and Table 3-1, JCC
18.15.040.
3.2. Brinnon Sewer Regulations — est. 12 hours — December 2020.
3.2.1. Based upon the policy paper and stakeholder input develop draft development
regulations implementing the desired policy choice.
3.3. Port Hadlock Sewer Amendments — 24 hours — December 2020.
3.3.1. Integrate the 2020 Port Hadlock Sewer Plan into the Comprehensive Plan,
including amendments to the Capital Facilities Element and Capital Facilities Plan.
4. Planning Commission Support — Estimated 42 Hours — January/February 2021
4.1. All Docket Items
4.1.1. Planning Commission Staff Report — est. 16 hours — January 2021.
4.1.1.1. Develop a staff report summarizing all docket items.
4.1.2. Attend Planning Commission Information Session(s) — est. 4 hours — January
2021.
4.1.3. Attend Planning Commission Public Hearing — est. 4 hours — January 2021.
4.1.4. Summary Matrix of Public Hearing Comments — est. 3 hours — January 2021.
4.1.4.1. Produce a matrix summarizing and responding to Planning Commission
public hearing comments.
4.1.5. Attend Planning Commission Deliberations — est. 4 hours — January 2021.
4.1.6. Revise Draft Marijuana Regulations, Brinnon Sewer Regulations, and Port
Hadlock Sewer (REV 1) — est. 5 hours — January 2021.
4.1.6.1. Produce revised draft development regulations and amendments based
upon Planning Commission deliberations.
CONSULTANT AGREEMENT
Page 8 of 11
4.1.7. Develop Draft Planning Commission Findings of Fact and BoCC Transmittal
Letter — est. 6 hours — January 2021.
4.1.7.1. Coordinate with Planning Commission.
5. Draft Ordinance and Compliance Documents — Estimated 19 Hours — February 2021.
5.1. All Docket Items
5.1.1. Draft Adopting Ordinance —est. 6 hours —February 2021.
5.1.1.1. Develop draft ordinance adopting all docket items.
5.1.2. Develop SEPA Environmental Checklist —est. 8 hours — February 2021.
5.1.2.1. Develop SEPA Environmental Checklist for: (1) Marijuana Regulations;
(2) Brinnon Sewer Regulations; and, (3) Port Hadlock Sewer.
5.1.3. Develop Draft SEPA Threshold Documents —est. 3 hours —February 2021.
5.1.3.1. Develop draft DNS or MDNS for all docket items.
5.1.4. WA Commerce 60-Day Adoption Notice —est. 2 hours —February 2021.
5.1.4.1. Develop a cover letter and submission package for Commerce's 60-day
GMA adoption notice.
6. Board of County Commissioner Support — Estimated 18 Hours — March/April 2021.
6.1. All Docket Items
6.1.1. BoCC Staff Report —est. 6 hours —March 2021.
6.1.1.1. Update Planning Commission Staff Report to reflect current state.
6.1.2. Attend BoCC meetings as needed. —est. 6 hours —March 2021.
6.1.3. Revise Draft Ordinance, Development Regulations (REV 2), and Amendments —
est. 6 hours — April 2021.
6.1.3.1. Revise Draft Marijuana Regulations, Brinnon Sewer Regulations, and Port
Hadlock Sewer Amendments (REV 2).
6.1.3.2. Revise adopting ordinance to reflect final BoCC adoption action.
7. Project Management and Ad Hoc Meetings —Estimated 11 Hours— Until Contract
Completion Date
7.1. Ad hoc meetings with Jefferson County DCD — est. 6 hours.
7.2. Monthly project update (Nov thru April) — est. 5 hours.
Estimated Meetings
Meeting Name
Est. Hours (Included in
Task
Associated Task Number
Project Kick Off
2 Hour
1.1
Planning Commission
Informational Session
4 Hours
4.1.2
Planning Commission Public
Hearin
4 Hours
4.1.3
CONSULTANT AGREEMENT
Page 9 of 11
Planning Commission
4 Hours
4.1.5
Deliberations
Board of County
6 Hours
6.1.2
Commissioner Meetings
Ad Hoc Meetings w/
6 Hours
7.1
Jefferson County DCD
TOTAL
26 Hours
Contingency 20 hours, to be used as needed
CONSULTANT AGREEMENT
Page 10 of 11
Exhibit "B" — Invoice and Cost Requirements
Consultant shall be paid $120.00 per hours, not to exceed $23,520.00 without prior written
modification of the Agreement signed by the Consultant and County.
Invoice Requirements
Invoices must be submitted by the 15" of the month for previous month's expenses. If the
Consultant chooses to bill every two weeks, the reporting requirement described below should
cover the two weeks for which the Consultant is billing. Such invoices will be checked by the
County, and upon approval thereof, payment will be made to the Consultant in the amount
approved.
Reporting
Invoices will include costs associated with the specific tasks listed in the Scope of Work detailed
in Exhibit A. Additionally, the Consultant shall provide a status report demonstrating the
progress made on each task concurrent with the dates for which the Consultant is billing.
CONSULTANT AGREEMENT
Page I 1 of 11
Cost
Estmate for Professional Services Supporting Jefferson Count WA's 2020 Docket of Annual
Comprehensive Plan Amendments
0
30-Oct-
Tas
Description of Task
Estimated Hours
Hourly Rate -
Total
Principal
Task 1
1.1
Project Kick Off Meeting
2
$ 120.001
$240.00
Subtotal
of Task 1
2
$240.00
Task 2
2.1.1
Marijuana Regulations - Land
Availability Analysis
12
$ 120.00
$1,440.00
2.1.2
Marijuana Regulations - COAs
8
$ 120.00
$ 960.00
2.2.1
Brinnon Sewer Policy Paper
24
$ 120.00
$ 2,880.00
2.3.1
Review of 2020 Port Hadlock Sewer Plan
2
$ 120.00
$ 240.00
2.4.1
Coordination w/ DCD on Seton Site
Specific
6
$ 120.00
$ 720.00
Subtotal
of Task 2
52
$5,520.00
Task 3
3.1.1
Develop Marijuana Regulations
20
$ 120.00
$ 2,400.00
3.2.1
Develop Brinnon Sewer Regulations
12
$ 120.00
$ 1,440.00
3.3.1
Develop Port Hadlock Sewer
Amendments
24
$ 120.00
$ 2,880.00
Subtotal
of Task 3
561
57 6,720.00
Task 4
4.1.1
Planning Commission Staff Report
16
$ 120.00
$ 1,920.00
4.1.2
Attend Planing Commission Info Session
4
$ 120.00
$ 480.00
4.1.3
Attend Planning Commission Public
Hearing
4
$ 120.00
$ 480.00
4.1.4
Comment Matrix from Planning
Commission Public Hearing
3
$ 120.00
$ 360.00
4.1.5
Attend Planning Commission
Deliberations
4
$ 120.00
$ 480.00
4.1.6
Revise Draft Development Regulations
5
$ 120.00
$ 600.00
4.1.7
Develop Draft Planning Commission
Findings of Fact and BoCC Transmittal
6
$ 120.00
$ 720.00
Subtotal
of Task 4
42
$ 5,040.00
Task 5
5.1.1
Draft Adopting Ordinance
6
$ 120.00
$ 720.00
5.1.2
SEPA Checklist
8
$ 120.00
$ 960.00
5.1.3
Draft SEPA Threshold Documents
3
$ 120.00
$ 360.00
5.1.4
Commerce Adoption Notice
2
$ 120.00
$ 240.00
Subtotal of Task 5
19
$ 1,680.00
Task
6
6.1.1
BoCC Staff Report (combine DRD
w/Watkins)
6
$ 120.00
$ 720.00
6.1.2
Attend BoCC Meetings
6
$ 120.00
$ 720.00
6.1.3
Revised Draft Ordinance and
Development Regulations
6
$ 120.00
$ 720.00
Subtotal of Task 6
18
$ 2,160.00
Task 7
7.1
Ad hoc Jefferson County DCD Mtgs
6
$ 120.00
$ 720.00
—7.-21
Monthly Project Updates
5
$ 120.00
$ 600.00
Subtotal of Task 7
11
$ 1,320.00
Contingency at 10% (20 hrs)
$ 2,400.00
TOTAL
1
200
25 0$0.00
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Linda Paralez, Acting Director, Department of Community Development
DATE: November 9, 2020
SUBJECT: Request Sole Source Professional Services Contract Supporting Jefferson
County, WA's 2020 Docket of Annual Comprehensive Plan Amendments
ATTACHMENTS:
• Cost Estimate for Professional Services Supporting Jefferson County, WA's 2020
Docket of Annual Comprehensive Plan Amendments
• PROFESSIONAL SERVICES AGREEMENT SUPPORTING THE 2020 ANNUAL
COMPREHENSIVE PLAN AMENDMENT DOCKET
• Sole Source Justification for Watkins Law Group to Provide Long Range Planning
Services Support for the 2020 Comprehensive Planning Docket
• CONTRACT REVIEW FORM
STATEMENT OF ISSUE: The Department of Community Development is experiencing
record high levels of permitting and inspection activity in 2020, while also undergoing staffing
shortages due to unfilled positions, reassignments, retirements, medical leave, and extended
vacations. To meet the Long Range Planning 2020 Comprehensive Planning Docket, due for
adoption April 2021, external professional -level support is needed in the form of a sole -source
contract with Watkins Law beginning immediately, through the end of April.
ANALYSIS: In early March due to the COVIDI9 limitations, the Board of County
Commissioners (BoCC) constrained the 2020 Comprehensive Planning Docket to two items —
the Port Hadlock capital facilities update, and the Seton site specific rezone. Accordingly,
DCD proceeded to assign one part-time staff person to this work, along with the Shoreline
Master Plan update project. In August and September, however, the Planning Commission
(PC) resumed meeting, and developed recommendations for the BoCC to add five additional
2020 docket items. After deliberation, the BoCC changed the 2020 Comprehensive Planning
Docket in October to include:
• Port Hadlock capital facilities update,
• Seton site specific rezone,
• Remove Marijuana as a conditional use allowance from Rural Residential Zoning, and
• Update Brinnon Sewer LAMRID.
Further, the Board decided that the PC would complete their review and recommendations of
these changes to the Comprehensive Plan by February 26, and the BoCC would complete their
review and approval of the Comprehensive Plan by end of April 2021. This timeframe can
only be supported by DCD with additional external resources that are made available as soon
as possible.
Austin Watkins of Watkins Law Group is a former Jefferson County Deputy Civil Attorney
and former Jefferson County Planning Manager, with over 15 years of experience in land use
law. As such, he comes to these projects with specific experience and background that
positions him uniquely to assist DCD to complete this work in the November through April
timeframe.
FISCAL IMPACT: Fiscal impacts for this contract with Watkins Law group reflect a not -to -
exceed sum of $25,008, to be paid from General Fund as a one-time expense. $2400 of this
sum is set out as contingency given that the scope of work may be somewhat fluid based on
the significance and quantity of public comment through planning commission and BoCC
public hearings.
RECOMMENDATION: Approve this PSA so that DCD has access to professional staff
where internal resources are not adequate to complete this Long Range planning work by the
April deadline.
D
ip Morl y ounty Administrator Date
¢SON n JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
-�
621 Sheridan Street I Port Townsend, WA 9836$
360-379-4450 1 email: dcd@co.jefferson.wa.us
JNo http://www.co.jefferson.wa.us/260/Community-Development
I
October 29, 2020
From: Linda Paralez, Acting Director
Dept. Community Development (DCD)
To: Philip Morley, County Administrator
Re: Sole Source Justification for Watkins Law Group to Provide Long Range Planning Services
Support for the 2020 Comprehensive Planning Docket
Pursuant to RCW 32.04.280 and County Code 1CC 3.55.170, this contract qualifies for a sole source procurement
process.
As you are aware, at DCD we had developed a strategy with the Board of County Commissioners (BoCC) in early
March due to the COVID19 limitations to constrain the 2020 Comprehensive Planning Docket to two items — the
Port Hadlock capital facilities update, and the Seton site specific rezone. Accordingly, DCD proceeded to assign
one part-time staff person to this work, along with the Shoreline Master Plan update project. In August and
September, however, the Planning Commission (PC) resumed meeting, and developed recommendations for the
BoCC to add five additional 2020 docket items. After deliberation, the BoCC changed the 2020 Comprehensive
Planning Docket to include:
• Port Hadlock capital facilities update,
• Seton site specific rezone,
Remove Marijuana as a conditional use allowance from Rural Residential Zoning
Update Brinnon Sewer LAMRID
Further, the Board decided that the PC would complete their review and recommendations of these changes to
the Comprehensive Plan by February 26, and the BoCC would complete their review and approval of the
Comprehensive Plan by end of April, 2021. This timeframe can only be supported by DCD with additional
external resources that are made available as soon as possible.
Austin Watkins of Watkins Law Group is a former Jefferson County Deputy Civil Attorney and former Jefferson
County Planning Manager, with over 15 years -experience in land use law. As such, he comes to these projects
with specific experience and background that positions him uniquely to assist DCD to complete this work in the
November through April timeframe.
• Austin has previously worked on the current RR marijuana regulations, and is familiar with the issues,
citizen comments, planning commission process, and has provided an approach that aligns with the
BoCC request.
Austin has previously done policy research on the Dosiwallups Sewer issues related to GMA, and has a
good understanding of the potential approaches available for the Brinnen LAMRID.
Austin, as the previous Planning Manager for DCD has worked extensively with the Planning Commission
1
and with the BoCC, and understands the Docket process, updates to the Comprehensive Plan and to
specific regulations, and is a unique candidate for this scope of work.
• Austin is available for the work, and has the capacity to complete it in cooperation with the DCD team.
County
2
with CWWMQM* j*
�- Date
CONTRACT REVIEW FORM
CONTRACT WITH: Watkins Law PLLC TRACKING NO.:
(Contractor/Consultant)
CONTRACT FOR: Comprehensive Plan Amendments iBIs
AMOUNT: $25,008
Revenue
Expenditure
Matching funds Required
Source(s) of Matching Funds
Step 1:
APPROVED FORM
Comments -5; � S,c
$ 25,008
REVIEW BY
Review
Date Revie t
2021
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
❑
Cooperative Purchase
❑
Competitive Sealed Bid
❑
Small Works Roster
❑
Vendor List Bid
❑
RFP or RFQ
Cl
Other--sd,e,-SO'rt-v—
❑ Returned for
(See Comments)
Step 2: REVIEW BY P SEC ING ATTORNEY
Review by: �: C. Hunsucker
Date Reviewed: / O Chief Civil Deputy Prosecuting Attorney
Er APPROVED AS TO FORM Re rned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of
just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the
BOCC needs fo sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
' 7 ® DATE (MWDDNYYY)
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CONTACT
PRODUCER NAME—______.___
biBERK PHONE 844-_4472-0967 ---
LAIC, No Ext
P.O. Box 113247 E-MAIL SalesSupport@biBERK.com
Stamford, CT 06911 ADDRESS___ _---------- _.__-- —— ------.--_._---...---.__...._.._._....._--
.icnocRrcI Aaanwniur r-nvFRarF NAIC #
A; Berkshire Hathaway Direct Insurance Company
Law PLLC
INSURER B_
Watl'ins
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61 Shorecrest Ct
INSRE_D._
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Port Townsend, WA 98368-9541
[INS URE R E:
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THIS IS TO CERTIFY THAT THE POLICIES ,OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
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PAID CLAIMS.
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R
Jefferson County Government
1820 Jefferson Street
Port Townsend, WA 98368
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