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HomeMy WebLinkAbout092021ca05 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Pinky Mingo, Environmental PH &WQ Director Susan Porto, Environmental Health Specialist DATE: SUBJECT: Agenda Item —Agency Agreement with Department of Ecology for well Inspection Delegation C2200060; July 1, 2021 — June 30, 2026 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 C2200060; July 1, 2021 —June 30, 2026; 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 15, 2021. 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. Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f)360-379-4487 Always working for a safer and healthier community EH-21-046 RECOMMENDATION: JCPH management request approval of the Agency Agreement with Department of Ecology for Well Inspection Delegation C2200060; July 1, 2021 —June 30, 2026; Fee For Service REVIEWED BY: °•//a/ 7 /Kit Mark McCauley, Interi ounty Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 Always working for a safer and healthier community (f)360-379-4487 360-385-9401 (f) ii=111, DEPARTMENT OF ECOLOGY State of Washington IAA No. C2200060 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH THIS INTERAGENCY AGREEMENT("Agreement"or"IAA")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" or"CONTRACTOR," pursuant to the authority Jeffersoned by Chapter 39.34 RCW. THE PURPOSE OF THIS AGREEMENT is to provide delegation and funds to JCPH to administer and enforce the well sealing,tagging,and decommissioning portions of the water well construction regulations. WHEREAS, ECOLOGY has legal authority WAC Chapter 173-160 entitled Minimum Standards for Construction and Maintenance of Wells and JCPH has legal authority RCW 18.104 entitled the Washington Well Construction Act,that allows each party to undertake the actions in this Agreement. WHEREAS, 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. THEREFORE,IT IS MUTUALLY AGREED THAT: 1) SCOPE 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,Statement of Work attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE The period of performance of this IAA will commence on July 1,2021,and be completed by June 30,2026, unless the Agreement is terminated sooner as provided herein. Amendments extending the period of performance,if any, shall be at the sole discretion of ECOLOGY. Version 6/3/2021 1 EH-21-046 State of Washington,Department of Ecology IAA No. C2200060 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. ECOLOGY may,at its sole discretion,terminate or suspend this Contract,or withhold payments claimed by the CON TRACTOR for services rendered, if the CON TRACTOR fails to satisfactorily comply with any term or condition of this Agreement. 4) BILLING PROCEDURE ECOLOGY will pay JCPH fifty percent(50%)of the well construction and decommissioning fees collected by ECOLOGY for water wells constructed and decommissioned in Jefferson County during the Agreement's period of performance, all payments shall be made to JCPH after quarterly reports are received by ECOLOGY. Payment will be issued through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment,CONTRACTOR must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide- vendorpayee-services. For questions about the vendor registration process, contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration(a,ofm.wa.gov. 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) 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. 7) ASSURANCES Parties to this Agreement agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state, and local laws,rules, and regulations. 8) CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9) DISPUTES Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties, 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 2 Version 6/3/2021 State of Washington,Department of Ecology IAA No. C2200060 Jefferson County Public Health shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be borne by each party paying its own cost. As an alternative to this process, if state agencies, 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. The parties may mutually agree to a different dispute resolution process. 10) 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, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. 11) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority Jeffersoned 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 the Superior Court for Jefferson County. 12) INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 13) 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 upon written amendments to this Agreement. c. This Agreement,number C2200060. d. Appendix A,Statement of Work. e. Appendix B,Special Terms and Conditions. f. Any other provisions or term of this Agreement,including materials incorporated by reference or otherwise incorporated. 14) 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 materials shall be subject to inspection, review, or audit by personnel of 3 Version 6/3/2021 State of Washington, Department of Ecology IAA No.C2200060 Jefferson County Public Health 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 materials relevant to this Agreement must be retained for six years after expiration of this Agreement. 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.Each party will utilize reasonable security procedures and protections for all materials related to this Agreement. All materials are subject to state public disclosure laws. 15) RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. 16) RIGHTS IN DATA Unless otherwise provided,data which originates from this Agreement shall be"work made for hire"as defined by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by state of Washington, ECOLOGY. 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,and register these items, and the ability to transfer these rights. 17) 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. 18) SUBCONTRACTORS CONTRACTOR 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 contractor and subcontractor requirements and reporting. Prior to performance, all subcontractors who will be performing services under this Agreement must be identified, 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.Provide such information to ECOLOGY's Agreement manager. 19) SUSPENSION FOR CONVENIENCE ECOLOGY may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the CONTRACTOR a minimum of seven (7) calendar days before the suspension date. CONTRACTOR shall resume performance on the first business day following the suspension period unless another day is specified in writing by ECOLOGY prior to the expiration of the suspension period. 20) 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 party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 4 Version 6/3/2021 State of Washington, Department o f Ecology IAA No. C2200060 Jefferson County Public Health 21) TERMINATION FOR CONVENIENCE Either party may terminate this Ageement without cause upon thirty(30)calendar day prior written notification to the other party. Ifthis Agreement so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms ofthis Agreement prior to the effective date oftermination. 22) 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 written amendment to this Agreement signed by an authorized representative ofthe parties. 23) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications,notifications, and billings questions regarding the performance ofthis Ageement. The parties agree that if there is a change in representatives, they will promptly notify the other party in writing of such change, such changes cb not need an amendment The ECOLOGY Representative is: The JCPH Representative is: Name: Scott Malone Name: Susan Porto Address: P0Box47600 Address: 615 Sheridan St Olympia, WA 98504-7600 Port Townsend, WA 98368 Phone: (360)407-6648 Phone: (360) 385-9404 Fax: (360)407-6574 Email: sporto@cojefferson.wa.us Email: scott.malone@ecy.wa.gov 24) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the tenns and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter ofthis Agreement shall be deemed to exist or to bind any ofthe parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement IN WI 1NESS WHEREOF, the parties below, having read this Agreement in its entirety, including all attachments, do agree in each and every particular as indicated by their signatures below. State of Washington Jefferson County Board of Commissioners Department of Ecology By; Mary Verner Date Kate Dean, Chair Date Water Resources Program Manager Approved as to Form Only: x September 8, 2021 5 Philip C. Hunsucker, Date Version 6/3/2021 Chief Civil Deputy Prosecuting Attorney State of Washington, Department of Ecology IAA No. C2200060 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 Ecology's contract manager for driller "no shows". C. JCPH shall 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 Ecology from enforcing these aforementioned regulations in Jefferson County. E. This Agreement does not preclude JCPH from adopting their own well construction rules or charging additional fees for well inspections. Deliverables: JCPH shall submit a quarterly report to ECOLOGY which summarizes the well drilling activities for that reporting period. See Appendix B Special Terms and Conditions for additional deliverables. The quarterly report 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 number,well tag number,well owner,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. 6 Version 6/3/2021 State of Washington,Department of Ecology IAA No. C2200060 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. 1. 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 1. 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 7 Version 6/3/2021 State of Washington,Department of Ecology IAA No. C2200060 Jefferson County Public Health 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. 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 via web conference or in-person meetings. If JCPH inspectors cannot travel outside local areas, ECOLOGY staff may 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,changes will be handled via amendment. ECOLOGY shall prepare a report of the findings. The report shall be made available via the internet or upon request. 8 Version 6/3/2021