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HomeMy WebLinkAboutWatkins Law, PLLC, Amendment No. 2 - 042621 ifeau .d1 Organization and Address Supplemental Agreement Number 2 Watkins Law PLLC 61 Shorecrest Ct Agreement Number Port Townsend, WA 98368 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 $56,208 $24,873 $0 Description Supplement No.2 to Professional Services Agreement Supporting the 2020 Annual Comprehensive Plan Amendment Docket appends the contract to add additional duties as the Interim Community Development Director and eliminates the Interim Planning Manager duties. The Local Agency of Jefferson County desires to supplement the agreement entered into with Watkins Law PLLC and executed on November 9, 2020 and identified as 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 and Supplement 1, executed on March 17,2021, is hereby amended as follows: 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 Community Development Director services as of Monday April 12, 2021. This replaces the duties of Interim Planning Manager outlined in Supplement No. 1, which duties shall cease as a separate, discreet scope of work as of April 11, 2021. 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. Effective April 12, 2021 the Consultant also agrees to perform the Interim Community Development Director duties, and the consultant will cease conducting the Interim Planning Manager services as a separate, discreet scope of work. Page 1 of 3 3. 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". In addition, the Consultant's performance of all Interim Community Development Director duties shall commence of April 12, 2021 until May 26, 2021 or until the County gives written notice to Consultant that a permanent Community Development Director is hired or a new interim Director is appointed, whichever is first. 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 $56,208 without express written modification of the agreement signed by the County. Payment for the work provided by Consultant for Interim Community Development Director duties shall not exceed$20,000 without express written modification of the agreement signed by the County. The hourly rate for the Consultant for billed Interim Community Development Director is $71.50 per hour, not to exceed 160 hours per month or $11,440 per month. Total payments to Consultant shall not exceed $56,208, including Supplemental No. 1 and Supplemental No. 2. 5. All other provisions of the Agreement as executed on November 9, 2020 remain in effect, except as expressly modified by Supplement No. 1 and Supplement No. 2. 6. Supplement No. 2 shall take effect immediately upon execution by all parties. Page 2 of 3 DATED this `2‘; day of //pi C , 2021. SIGNATURE PAGE JEFFERSON COUNTY BOARD OF COMMISSIONERS V/2C/2/ Kate De , Chair Date: ATTEST: ( 6eudthvor Brotherton, Commissioner Date: Carolyn Gallaway, CMC y Clerk of the Board ��� l �( H 'di Eisenhour, Commissioner Date: WATKINS LAW PLLC Approved as to form only: Austin Watkins,Watkins Law PLLC (' 2 Date: 04/16/2021 hilip C. Hunsucker, ate: Chief Civil Deputy Prosecuting Attorney Page 3 of 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, Jefferson County Administrator Andy Rowlson, Human Resources Manager DATE: April 26, 2021 RE: Supplemental Agreement No. 2,Professional Services Agreement for Austin Watkins to be Interim Director for the Department of Community Development STATEMENT OF ISSUE: The Board of County Commissioners will consider approving Supplemental Agreement Number 2 with Watkins Law PLLC, for Austin Watkins to be the Interim Director for the Department of Community Development. ANALYSIS: Patty Charnas resigned as DCD Director as of April 9, 2021. The Prothman Company is helping the County to recruit a new permanent DCD Director. Supplemental Agreement No. 2 with Watkins Law PLLC contracts for Austin Watkins to fill in as Interim Director of DCD, from April 12, through May 26, or until a replacement Interim Director can be hired, whichever is sooner. Austin Watkins has been serving as Interim Planning Manager under a previous Supplemental Agreement No. 1. The second amendment now proposed, moves Mr. Watkins into the Interim Director position. There is no change in budget for this amendment. FISCAL IMPACT: No additional cost. RECOMMENDATION: Approve Supplemental Agreement No. 2, and authorize the Chair of the BoCC to sign the agreement. REVI Y: Phil', orley, E o • y Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: Watkins Law PLLC TRACKING NO.: (Contractor/Consultant) CONTRACT FOR: Supplemental Agreement No. 2 TERM: 4/12 - 5/26/2021 COUNTY DEPARTMENT: County Administrator's Office For More Information Contact Andy Rowlson Contact Phone #. x-133 RETURN TO: RETURN BY: asap (Person in Department) (Date) AMOUNT: $0 PROCESS: Ctf Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s) of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ 'Other A--wi-.1-L ( Step 1: REVIEW BY RIlik Review by Date Reviewed. C APPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY P OS UTING ATTORNEY Review by: < C Philip C. Hunsucker Date Reviewed: '7-e "Z Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM eturned 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 to 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.) t !fit 3 £1 ;)4 rem v"(et, aid u� 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,Scope 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". 3. 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 3 day of , 2021. JEFFERSON COUNTY WASHINGTON WATKINS LAW PLLC Board of County Commissioners Jefferson County, Washington By: C421 By: Kate Dan, Chair Date nature '7f/2 Name: ki ckSr\v` " reg Brotherton, ommissioner Date Title: C&J'\(49 1 (Der .-)la By: 74' Date: 71 1-1 -) A. Heidi Eisenhour, Commissioner Date SEAL: ATTEST: (32 h ii/21 Carolyn alloway Date Clerk of the Board Approved as to form only: C March 4, 2021 Philip C. Hunsucker Date Chief Civil Deputy ProsecutingAttorney 227224°2/ Patty Charnas, Date DCD Director Page 3 of 4 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 Consent 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 PlanningManager 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: wr ',� ��/" j ` Philip Morley,_ nty-Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: Watkins Law PLLC CONTRACT FOR: Professional Services Agreement for TERM: November 2020—May 31, 2021 Watkins Law PLLC COUNTY DEPARTMENT: Community Development For More Information Contact: Patty Chums x-493 Contact Phone RETURN TO: patty animas RETURN BY: j(CEt ,.gr,a 9i Rixt4� AMOUNT: $31, 200 PROCESS: 1 xempt from Bid Process onsultant Selection Process Revenue: • ooperative Purchase Expenditure: $31,200 U ompetitive Sealed Bid Matching Funds Required: O•mall Works Roster Sources(s)of Matching Funds 1111 endor List Bid PorRFQ they: Step 1: REVIEW BY RIS AGEVENT7 Review by: 6- ,' c_ /2 f / Date Reviewed: APPROVED FORM Ej Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: Date Reviewed: March 4, 2021 ® APPROVED AS TO FORM Returned 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 originals and 6 copies of Contract,Review Form,and Agenda Bill to BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) DCP c; � 5 �� W I (eff rsw ,�` , P7- o ti r�} 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. 1. 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. 3. 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 qq,±2 day of AkNot4 J,- , 2020. SIGNATURE PAGE JEFFERSON COUNTY BOARD O COMMISSIONERS ins 1 .1/4() IN4Fi 0 4,,„,,,it....._ . Law PLLC reg Brot erton,Chair Co ul is a sentative(Please print) Kate Dean, ber 1 (Sii a ) David '. �ulli� an,Mein•er niksiktil li\M pyt 11)jer Title 6 / Date Approved as to form only: 007 /� � '20zo Philip C. Hunsucker ate Chief Civil Deputy Prosecuting Attorney CONSULTANT AGREEMENT Page 5 of 1 I 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 7oftI 2.3.1. Review the 2020 Port Hadlock Sewer Plan est. 2 hours November/Decem ber 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 1 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 Associated Task Number Task) Project Kick Off 2 Hour 1.1 Planning Commission 4 Hours 4.1.2 Informational Session Planning Commission Public 4 Hours 4.1.3 Hearing 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 wl 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 15th 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 11 of 11 Cost Estmate for Professional Services Supporting Jefferson County,WA's 2020 Docket of Annual Comprehensive Plan Amendments 30-Oct-20 Hourly Rate- Tas( Description of Task Estimated Hours Principal Total Task 1 1.1 Project Kick Off Meeting 2 $ 120.00 $240.00 Subtotal of Task 1 2 $240.00 Task 2 Marijuana Regulations- Land 2.1.1 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 Coordination w/DCD on Seton Site 2.4.1 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 Develop Port Hadlock Sewer 3.3.1 Amendments 24 $ 120.00 $ 2,880.00 Subtotal of Task 3 56 $ 6,720.00 Task 4 4.1.1 j Planning Commission Staff Report 16 $ 120.00 $ 1,920.00 4.1.2 Attend Planing Commission Info Session 4 $ 120.00 $ 480.00 Attend Planning Commission Public 4.1.3 Hearing 4 $ 120.00 $ 480.00 Comment Matrix from Planning 4.1.4 Commission Public Hearing 3 $ 120.00 $ 360.00 Attend Planning Commission 4.1.5 Deliberations 4 $ 120.00 $ 480.00 4.1.6 Revise Draft Development Regulations 5 $ 120.00 $ 600.00 Develop Draft Planning Commission 4.1.7 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 BoCC Staff Report (combine DRD 6.1.1 w/Watkins) 6 $ 120.00 $ 720.00 6.1.2 Attend BoCC Meetings 6 $ 120.00 $ 720.00 Revised Draft Ordinance and 6.1.3 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 7.2 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 200 $25,080.00 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 COVID19 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.