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MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
Memorandum of Understanding
between
The United States Department of the Interior,National Park Service;
United States Department of Transportation,
Federal Highway Administration—Western Federal Lands,
Federal Highway Administration—Washington State Division;
Washington State Department of Transportation;
and
Jefferson County
This Memorandum of Understanding(MOU) is entered into by the United States Department of
the Interior,National Park Service(NPS);the United States Department of Transportation,
Federal Highway Administration—Western Federal Lands Highway Division and Washington
State Division(FHWA);the Washington State Department of Transportation (WSDOT); and
Jefferson County, collectively referenced as"the Parties," for the purpose of addressing long-
term management issues associated with the Upper Hoh Road, located on the Olympic Peninsula
in the State of Washington.
ARTICLE I—BACKGROUND AND OBJECTIVES
The Upper Hoh Road is located along the Hoh River in several locations such that heavy storm
events have caused significant damage to the roadway on a recurring basis. The Upper Hoh
Road provides the only access into and out of the Hoh River valley north of the Hoh River.
There are no alternate vehicular routes.
The consequence of not addressing the Upper Hoh Road's current condition, location,on-going
management scenario and available funding is that access via this route to landowners and to
Olympic National Park is likely to be negatively impacted by temporary or longer-term road
closures. An additional consequence is that potential environmental impacts are not prevented or
mitigated. Response to emergency events and maintenance of the road in its current location
results in the potential for adverse impacts to the Hoh River. Efforts to avoid or minimize
adverse impacts frequently require costly mitigation measures for road managers that are
difficult to implement.
In recognition of the Parties' shared interest in maintaining access to the Upper Hoh Road, the
Parties are collaborating in a work group to cooperatively address the management of the Upper
Hoh Road from Highway 101 to the Hoh Rain Forest Visitor Center. The Upper Hoh Road is
currently operated and administered by Jefferson County from milepost 0 to 12 and by the
National Park Service within the boundaries of Olympic National Park from milepost 12 to 18.
The primary purpose of this MOU is to encourage interagency cooperation in the long-term
management of the Upper Hoh Road in order to maintain access for local residents; businesses;
private, local, state, and federal land managers; the Hoh Tribe; and visitors to the Hoh Rain
Forest within Olympic National Park.
November 17, 2020 1
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
Interagency coordination is necessary to provide continued access, protect river resources, foster
cooperative relationships, and to share technical expertise. In implementing this MOU, the
Parties shall emphasize quality public service, and efficient and effective expenditure of
available funds.
ARTICLE II—STATEMENTS OF SHARED UNDERSTANDING
All Parties to this Memorandum of Understanding(MOU)recognize that;
1. The Upper Hoh Road is important to a wide range of stakeholders, including visitors to
Olympic National Park, local residents and businesses, public and private land managers, and
the Hoh Tribe.
2. Olympic National Park is a World Heritage Site and International Biosphere Reserve.
Maintaining access to the Hoh Rain Forest, a well-known tourist destination for in-state and
out-of-state visitors, is a priority for many stakeholders.
3. A collaborative approach to road management will help all Parties make the most effective
use of limited resources in providing ongoing vehicle access on the Upper Hoh Road.
4. A collaborative effort is needed to identify, evaluate, and prioritize necessary management
actions for the road corridor from US Highway 101 to the Hoh Rain Forest Visitor Center.
5. Capital planning and project delivery, road preservation, and emergency repairs for the
Upper Hoh Road are challenging for all Parties due to the difficulty of maintaining,with
limited financial and staff resources, vehicle access within a dynamic river corridor.
6. The dominant mechanism by which the Upper Hoh Road is managed—in response to
emergencies-merits re-evaluation, and that the situation calls for innovative,proactive
approaches to project planning, funding,and implementation.
7. Due to limitations in Jefferson County resources, a status quo arrangement for the
management of the Upper Hoh Road has the potential to result in road closure and/or limited
access for the public to the Hoh Rain Forest.
8. Responding to storm-related emergency events has the potential to result in adverse impacts
to the Hoh River and resident fish populations.
9. Actions to avoid or minimize adverse impacts to the Hoh River and resident fish populations
should be integrated,to the greatest extent possible, into ongoing road management actions.
10. A collaborative planning and analysis approach is needed to determine the feasibility of long-
term road management solutions. This includes the potential to relocate all or portions of the
November 17, 2020 2
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
road outside of the active river corridor, evaluating the potential for changes in jurisdiction,
or designating the Upper Hoh Road as a special status road to provide access to additional
funding sources.
11. Funding is needed to support collaborative planning and analysis for managing the Upper
Hoh Road.
ARTICLE III -AUTHORITIES
NPS Authority: 54 U.S.C. § 100101 (formerly 16 U.S.C. § 1-3 (repealed))authorizes the
National Park Service to document mutually agreed upon policies, procedures, objectives, and/or
assistance relationships that do not involve funding.
Jefferson County Authority: The Interlocal Cooperation Act(RCW Ch. 39.34) contains broad
authorization for any one or more public agencies to contract with any one or more other public
agencies to perform any governmental activity or service which each agency is authorized by law
to perform individually. Public agency is defined very broadly as any agency, political
subdivision, or unit of local government of this state. This includes municipal corporations,
special purpose districts, local service districts, any agency of the state government, any agency
of the United States, any Indian Tribe recognized as such by the federal government, and any
political subdivision of another state.
FHWA-Western Federal Lands Highway Division Authority: 23 U.S.C. 204 authorizes the
FHWA to enter into appropriate agreements with Federal agencies, States, and counties.
FHWA-Washington State Division Office Authority: Upper Hoh River Road has a
functional classification as a Rural Major Collector, so WSDOT and FHWA WA Division Office
have the authority to expend Title 23 Chapter 1 FHWA funds on this route(as shown by past
expenditures of Emergency Relief funds (ER)).
WSDOT Authority: RCW Ch.39.34.030 authorizes WSDOT to enter into agreements with
public agencies, including an agency of the United States for joint or cooperative action; see
generally, Title 47 RCW for specific WSDOT legal authority.
ARTICLE IV—STATEMENT OF WORK
To the extent appropriate and feasible, as funding allows with respect to each Party's own budget
or funding system, and pursuant to each Party's specific legal authority, the Parties shall carry
out together the following tasks:
November 17,2020 3
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
1. Regularly attend working group meetings to discuss, coordinate, and improve the long-term
management of the Upper Hoh Road.
2. Work in partnership, leveraging funding and personnel to provide the resources for capital
improvements and long-term planning for the Hoh River corridor.
3. Within the limits of each Party's respective authorities,the Parties shall coordinate the
obligation of various funding mechanisms related to management of the Upper Hoh Road.
4. Cooperate in the preparation of a long-term management plan for the Upper Hoh Road to
address management options including, but not limited to,the feasibility of relocating all or
portions of the road outside of the active river corridor, potential changes in jurisdiction, or
designation of the Upper Hoh Road as a special status road to provide access to additional
funding sources.
5. Prepare and implement a road corridor management plan to ensure access to the Hoh Rain
Forest, preserve road user and resident access to the road, and to protect river resources. The
Parties shall coordinate planning and management for the Upper Hoh Road with each other and
with stakeholders of the Upper Hoh Road.
6. In conducting planning and management activities for the Upper Hoh Road, the Parties shall
consider potential impacts to the environment and disclose that consideration pursuant to the
National Environmental Policy Act and the National Historic Preservation Act, as appropriate.
7. As funds allow, the Parties shall develop coordinated and standardized interagency data sets,
maps, and GIS; and synthesize and report data relevant to the long-term management of the
Upper Hoh Road.
8. Collect and manage data to identify conservation and protection opportunities and to inform
road management decisions.
9. A primary point of contact for each Party will be established.A list of management offices
and administrators will be maintained; personnel at appropriate levels of each Party who work in
relation to the Upper Hoh Road will be identified.
10. Supplemental and project-specific interagency agreements to implement this MOU will be
executed.
11. Attend regularly scheduled meetings for stakeholders to enhance communications and
cooperation. These meetings should involve road administrators and cooperators, land managers,
nonprofit partners, landowners, state agencies, and others concerned with the Upper Hoh Road.
12. Coordinate with each other to maximize public benefits,to avoid duplication of effort and
public misunderstanding, and to prevent adverse impacts to the Upper Hoh Road and Hoh River
November 17, 2020 4
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
resources.
13.Encourage innovative implementation of the purposes and work elements of this MOU, to the
extent resources and authorities permit.
ARTICLE V—TERM OF AGREEMENT
This MOU is executed as of the date of the Party's last signature shown below and shall be in
effect for a period of five (5)years, at which time it will be subject to review,renewal, revision,
or expiration. However, at the end of two (2)years, the Parties to this MOU will conduct an
interim review of its language, tasks, and direction and make any necessary corrections as
mutually agreeable and agreed to in writing by all Parties.
ARTICLE VI—KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communication between
the Parties and the work being performed as follows:
1. NPS:
Lisa Turecek, P.E.
Chief, Facility Management
Olympic National Park
600 E. Park Avenue
Port Angeles, WA 98362
E-mail: lisa turecek'anps.gov
Telephone: (360) 565-3150
2. FHWA-Western Federal Lands Division:
Kristin Austin
Planning and Programs Manager
FHWA Western Federal Lands
610 E. Fifth Street
Vancouver, WA 98661
E-mail: Kristin.austin a,dot.gov
Telephone: (360) 619-7619
Facsimile: (360)619-7846
November 17, 2020 5
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
3. FHWA-Washington State Division:
Liana Liu, P.E., PTOE
Area Engineer
FHWA Washington Division Office
711 South Capitol Way, Suite 501
Olympia, WA 98501
E-mail: 1 iana.l iuru>dot.gov
Telephone: (360) 753-9553
Facsimile: (360) 753-9889
4. WSDOT
John Wynands, P.E.
Olympic Region Administrator
5720 Capitol Blvd. SE, Tumwater, WA
PO Box 47440
Olympia, WA 98504-7440
E-mail: N%yn and jrawsdot.wa.gov
Telephone: (360) 357-2658
Facsimile: (360)357-2601
Bryan K.Dias, P.E.
Olympic Region Local Programs Engineer
5720 Capitol Blvd. SE, Tumwater, WA
PO Box 47440
Olympia, WA 98504-7440
E-mail: diasb@wsdot.wa.gov
Telephone: (360) 357-2631
Facsimile: (360)357-2601
5. Jefferson County:
Monte Reinders, P.E.
County Engineer/Public Works Director
Jefferson County Public Works
623 Sheridan St.
Port Townsend, WA 98368
Email: mreindersrc,co jefferson.wa.us
Telephone: (360) 385-9160
Fax: (360)385-9234
B. Communications-Any communication regarding this Agreement will be addressed to the
key officials identified in Article VI, Section A above.
C. Changes in Key Officials—Permanent change in a key official requires written notice to
the other Parties.
November 17, 2020 6
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
ARTICLE VII—MODIFICATION AND TERMINATION
A. This Agreement may be modified only by a written instrument executed by all the Parties.
B. Additional parties may be added to this MOU, provided this Agreement is modified
pursuant to ARTICLE VII Section A above.
C. Any Party may withdraw from this MOU after sixty (60) days prior written notice to the
other Parties. In the event that one or more Parties provide the other Parties with notice of
its/their intention to withdraw from this MOU, the Parties will meet promptly to discuss
the reasons for the notice and to try to resolve their differences.
ARTICLE VIII—SPECIAL PROVISIONS AND STANDARD CLAUSES
A.Non-Fund Obligating Document. This MOU is neither a fiscal nor a funds obligation
document because it does not mandate the expenditure of any funds by any Party to this MOU.
Any endeavor involving reimbursement or contribution of funds between the Parties of this
MOU will be handled in accordance with applicable laws, regulations, and procedures including
those for Government procurement and printing. Such endeavors will be outlined in separate
agreements that shall be made in writing by the Parties entering into separate agreements and
shall be independently authorized by appropriate statutory authority. This MOU does not provide
such authority. Specifically, this MOU does not establish authority for noncompetitive award to
the cooperator of any contract or other agreement.
B.No Member of Congress to Benefit. Pursuant to the United States Code, Title 41, Section 22,
no member of Congress shall be admitted to any share or part of this MOU, or any benefits that
may arise therefrom.
C. Participation in Similar Activities. This MOU in no way restricts any signatory from
participating in similar activities with other public or private agencies, organizations, and
individuals.
D. Responsibilities to the Act.Nothing in this MOU abrogates the responsibility of any land
managing agency to manage its road resources according to the laws, rules, and regulations
governing its management authority over such lands. This MOU does not create any obligation
on any Party or any employee or representative of any Party to take any affirmative action other
than those listed in Article IV above.
E.Nondiscrimination. During the performance of this MOU,the Parties agree to abide by the
terms of federal Executive Order 11246, as amended, on nondiscrimination and will not
discriminate against any person because of race, color, religion, sex, sexual orientation, gender
November 17,2020 7
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
identity or national origin. The Parties will take affirmative action to ensure that applicants are
employed without regard to their race, color, religion, sex, sexual orientation, gender identity or
national origin.
F. Conduct of Activities. The Parties shall handle their own activities and use their own
resources, including the expenditure of their own funds, in pursuing the objectives enumerated in
this MOU. In implementing this MOU, each Party will be operating under its own laws,
regulations, and policies, subject to the availability of appropriated funds. While acting in
furtherance of the terms and conditions of this MOU, the employees of each Party to this MOU
are deemed to be acting solely on behalf of the Party that employs them and are not employees,
agents or representatives of any other Party to this MOU.
G. Existing Authority.Nothing in this MOU is intended to alter, limit, or expand any Party's
statutory and regulatory authority.
H.No Enforceable Rights. This MOU does not create any substantive or procedural right that is
enforceable at law or equity against the any Party to this MOU or its officers, agents, and
employees.
I. Severability. If any section of this MOU is found to be unlawful or against public policy,then
all the remaining sections of this MOU shall continue to be valid.
ARTICLE IX—SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Party's date
last signed below.
FOR THE NATIONAL PARK SERVICE:
Digitally signed by MARY CREACHBAUM
Date:2021.05.07 11:18:42-07'00'
Signature:
Name: Sarah Creachbaum
Title: Superintendent, Olympic National Park
5/07/2021
Date:
November 17, 2020 8
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
FOR THE FEDERAL HIGHWAY ADMINISTRATION—WESTERN FEDERAL LANDS:
Digitally sigMtl by NEVIN
Signature:
Name: Kevin McLaury, PE
Title: Western Federal Lands Division Director
Date: 03/01/2021
November 17, 2020 9
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
FOR THE FEDERAL HIGHWAY ADMINISTRATION — WASHINGTON STATE
DIVISION:
DA N I E L M Digitally signed by DANIEL M
MATHIS
MATHIS Date:2021.01.20 11:51:16-08'00'
Signature:
Name: Daniel Mathis, PE
Title: Washington Division Office Division Administrator
Date:
FOR THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION:
Digitally signed by John
John W nands Wy"ands
Y Date:2021.01.2008:19:25
Signature: oeoo
Name: John Wynands, PE
Title: Olympic Region Administrator
Date:
November 17,2020 10
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Revised Agreement#G9500100074
FOR JEFFERSON COUNTY:
Signature: ,MT
Name: Greg Brotherton
Title: Chair,Jefferson County Board of Commissioners
Date: f-V4 -!/2U2-v
Signature:
Name: David Sullivan
Title: Jefferson County Commissioner
Date:
Signature:
Name: Kate Dean
Title: Jefferson f County Commissioner
Date: ' . ,. / //)0c,-.e)
APPROVED AS TO FORM ONLY:
Philip C. Huns ker, Da
Chief Deputy Civil Prosecuting Attorney
November 17,2020 11
Department of Public Works
Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: December 21, 2020
Subject: Renewal of the Memorandum of Understanding with the Upper
Hoh Road Interagency Working Group, expiring May 15, 2021
Statement of Issue:
In an effort to address long term management of the first twelve miles of the Upper
Hoh Road, from U.S. 101 to the boundary of Olympic National Park, Jefferson County
entered into a Memorandum of Understanding (MOU) with partner agencies in June
2011 and renewed the agreement in 2016. In addition to Jefferson County, the Upper
Hoh Road Interagency Working Group ("Working Group") includes the United States
Department of the Interior, National Park Service (NPS); the United States
Department of Transportation, Federal Highway Administration (FHWA) - Western
Federal Lands Highway Division (WFLHD) and Washington State Division; and the
Washington State Department of Transportation (WSDOT). The MOU term periods are
for five years and the current agreement expires on May 15, 2021.
Analysis/Strategic Goals/Pro's & Con's:
Approximately 85% of the traffic on the Upper Hoh Road is generated by Olympic
National Park visitation, with the Hoh Rain Forest generally recording 400,000 visitors
per year under normal circumstances. The first 12 miles of the Upper Hoh Road is
among the most difficult and expensive roadways to operate in Jefferson County.
Given the nature of road access and environmental challenges for road management,
steward responsibilities clearly extend beyond the County, particularly in an era when
local resources continue to diminish.
Public Works proposes the County renew the Upper Hoh Road MOU with Working
Group partners to continue progress towards securing continued assistance from and
sharing certain road management responsibilities with the appropriate Federal and
State agencies.
Department of Public Works
Consent Agenda
Page 2 of 2
Fiscal Impact/Cost Benefit Analysis:
This coalition has been very successful in bringing resources to the Upper Hoh Road.
Since the MOU was initially signed in 2011, approximately $18.8 million of Federal and
State funding have been committed to the first 12 miles of the Upper Hoh Road.
Over the past 10 years, the Upper Hoh Road has required over $7.15 million in
emergency repairs and associated environmental mitigation. Consequently, the
cooperation of the partner agencies remains important.
There is no financial commitment proposed in the MOU to or from the partner
agencies. The MOU establishes a framework by which additional Federal and State
resources may be applied to the first twelve miles of the Upper Hoh Road. The
agreement term is for another five (5) years, which is the standard time period for
MOUs that have the participation of federal and state agencies.
Recommendation:
The Board is requested to sign the attached five (5) originals of the MOU and return
them to Public Works for further processing. The signed Interlocal Agreement will be
filed with the County Auditor consistent with RCW Ch. 39.34.
Department Contact: Wendy Ctark-Getzin, PE, Transportation Planner, 360-385-9162
Reviewed By:
ip Morley C my--Ada; .istrato Date
Sdrisl--,T4•1 .g5C"Ico
Th4)0`1' 'T 3)-4-
\ MEMORANDUM OF UNDERSTANDING
(Sr-a:Vial c' � 'lel- !UPPER HOH ROAD INTERAGENCY WORKING GROUP
„// Agreement#G9500100074
Memorandum of Understanding
between
The United States Department of the Interior, National Park Service;
United States Department of Transportation,
Federal Highway Administration—Western Federal Lands,
Federal Highway Administration—Washington State Division;
Washington State Department of Transportation;
and
Jefferson County
This Memorandum of Understanding(MOU) is entered into by the United States Department of
the Interior, National Park Service(NPS); the United States Department of Transportation,
Federal Highway Administration—Western Federal Lands Highway Division and Washington
State Division(FHWA); the Washington State Department of Transportation(WSDOT); and
Jefferson County, collectively referenced as "the Parties," for the purpose of addressing long-
term management issues associated with the Upper Hoh Road, located on the Olympic Peninsula
in the State of Washington.
ARTICLE I—BACKGROUND AND OBJECTIVES
The Upper Hoh Road is located along the Hoh River in several locations such that heavy storm
events have caused significant damage to the roadway on a recurring basis. The Upper Hoh
Road provides the only access into and out of the Hoh River valley north of the Hoh River.
There are no alternate vehicular routes.
The consequence of not addressing the Upper Hoh Road's current condition, current location,
current funding availability, and current management scenario is that access via this route to
landowners and to Olympic National Park is likely to be negatively impacted by temporary or
longer-term road closures. An additional consequence is that potential environmental impacts
are not prevented or mitigated. Response to emergency events and maintenance of the road in its
current location results in the potential for adverse impacts to the Hoh River. Efforts to avoid or
minimize adverse impacts frequently require costly mitigation measures for road managers that
are difficult to implement.
In recognition of the Parties' shared interest in maintaining access to the Upper Hoh Road, the
Parties are collaborating in a work group to cooperatively address the management of the Upper
Hoh Road from Highway 101 to the Hoh Rain Forest Visitor Center. The Upper Hoh Road is
currently operated and administered by Jefferson County from milepost 0 to 12 and by the
National Park Service within the boundaries of Olympic National Park from milepost 12 to 18.
The primary purpose of this MOU is to encourage interagency cooperation in the long-term
management of the Upper Hoh Road in order to maintain access for local residents; businesses;
private, local, state, and federal land managers; the Hoh Tribe; and visitors to the Hoh Rain
Forest within Olympic National Park.
March 8, 2016 1
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
Interagency coordination is necessary to provide continued access, protect river resources, foster
cooperative relationships, and to share technical expertise. In implementing this MOU, the
Parties shall emphasize quality public service, and efficient and effective expenditure of
available funds.
ARTICLE II—STATEMENTS OF SHARED UNDERSTANDING
All Parties to this Memorandum of Understanding(MOU) recognize that;
I. The Upper Hoh Road is important to a wide range of stakeholders, including visitors to
Olympic National Park, local residents and businesses, public and private land managers, and
the Hoh Tribe.
2. Olympic National Park is a World Heritage Site and International Biosphere Reserve.
Maintaining access to the Hoh Rain Forest, a well-known tourist destination for in-state and
out-of-state visitors, is a priority for many stakeholders.
3. A collaborative approach to road management will help all Parties to make the most effective
use of limited resources in providing ongoing vehicle access on the Upper Hoh Road.
4. A collaborative effort is needed to identify, evaluate, and prioritize necessary management
actions for the road corridor from US Highway 101 to the Hoh Rain Forest Visitor Center.
5. Capital planning and project delivery, road preservation, and emergency repairs for the
Upper Hoh Road are challenging for all Parties due to the difficulty of maintaining, with
limited financial and staff resources, vehicle access within an active river corridor.
6. The dominant mechanism by which the Upper Hoh Road is managed—in response to
emergencies—merits re-evaluation, and that the situation calls for innovative, proactive
approaches to project planning, funding, and implementation.
7. Due to limitations in Jefferson County resources, a status quo arrangement for the
management of the Upper Hoh Road has the potential to result in road closure and/or limited
access for the public to the Hoh Rain Forest.
8. Responding to storm-related emergency events has the potential to result in adverse impacts
to the Hoh River and resident fish populations.
9. Actions to avoid or minimize adverse impacts to the Hoh River and resident fish populations
should be integrated, to the greatest extent possible, into ongoing road management actions.
10. A collaborative planning and analysis approach is needed to determine the feasibility of long-
term road management solutions. This includes the potential to relocate all or portions of the
road outside of the active river corridor, evaluating the potential for changes in jurisdiction,
March 8, 2016 2
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
or designating the Upper Hoh Road as a special status road to provide access to additional
funding sources.
11. Funding is needed to support collaborative planning and analysis for managing the Upper
Hoh Road.
ARTICLE III - AUTHORITIES
NPS Authority: 16 U.S.C. § 1- 3 authorizes the National Park Service to document mutually
agreed upon policies,procedures, objectives, and/or assistance relationships that do not involve
funding.
Jefferson County Authority: The Interlocal Cooperation Act(Ch. 39.34 RCW) in this state
contains a broad authorization for any one or more public agencies to contract with any one or
more other public agencies to perform any governmental activity or service which each agency is
authorized by law to perform individually. Public agency is defined very broadly as any agency,
political subdivision, or unit of local government of this state. This includes municipal
corporations, special purpose districts, local service districts, any agency of the state government,
any agency of the United States, any Indian Tribe recognized as such by the federal government,
and any political subdivision of another state.
FHWA-Western Federal Lands Highway Division Authority: 23 U.S.C. 204 authorizes the
FHWA to enter into appropriate agreements with Federal agencies, States, and counties.
FHWA-Washington State Division Office Authority: Upper Hoh River Road has a
functional classification as a Major Collector, so WSDOT and FHWA WA Division Office have
the authority to expend Title 23 Chapter 1 FHWA funds on this route (as shown by expenditures
of Emergency Relief funds (ER) in the past).
WSDOT Authority: Chapter 39.34.030 (Revised Code of Washington) authorizes WSDOT to
enter into agreements with public agencies, including an agency of the United States for joint or
cooperative action; see generally, Title 47 RCW for specific WSDOT legal authority.
ARTICLE IV—STATEMENT OF WORK
To the extent appropriate and feasible, as funding allows with respect to each Party's own budget
or funding system, and pursuant to each Party's specific legal authority, the Parties shall carry
out together the following tasks:
1. Regularly attend working group meetings to discuss, coordinate, and improve the long-term
management of the Upper Hoh Road.
March 8, 2016 3
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
2. Work in partnership, leveraging funding and personnel to provide the resources for capital
improvements and long-term planning for the Hoh River corridor.
3. Within the limits of each Party's respective authorities, the Parties shall coordinate the
obligation of various funding mechanisms related to management of the Upper Hoh Road.
4. Cooperate in the preparation of a long-term management plan for the Upper Hoh Road to
address management options including,but not limited to, the feasibility of relocating all or
portions of the road outside of the active river corridor, potential changes in jurisdiction, or
designation of the Upper Hoh Road as a special status road to provide access to additional
funding sources.
5. Prepare and implement a road corridor management plan to ensure access to the Hoh Rain
Forest, preserve road user and resident access to the road, and to protect river resources. The
Parties shall coordinate planning and management for the Upper Hoh Road with each other and
with stakeholders of the Upper Hoh Road.
6. In conducting planning and management activities for the Upper Hoh Road, the Parties shall
consider potential impacts to the environment and disclose that consideration pursuant to the
National Environmental Policy Act and the National Historic Preservation Act, as appropriate.
7. As funds allow, the Parties shall develop coordinated and standardized interagency data sets,
maps, and GIS; and synthesize and report data relevant to the long-term management of the
Upper Hoh Road.
8. Collect and manage data to identify conservation and protection opportunities and to inform
road management decisions.
9. A primary point of contact for each Party will be established. A list of management offices
and administrators will be maintained; personnel at appropriate levels of each Party who work in
relation to the Upper Hoh Road will be identified.
10. Supplemental and project-specific interagency agreements to implement this MOU will be
executed.
11. Attend regularly scheduled meetings for stakeholders to enhance communications and
cooperation. These meetings should involve road administrators and cooperators, land managers,
nonprofit partners, landowners, state agencies, and others concerned with the Upper Hoh Road.
12. Coordinate with each other to maximize public benefits, to avoid duplication of effort and
public misunderstanding, and to prevent adverse impacts to the Upper Hoh Road and Hoh River
resources.
13. Encourage innovative implementation of the purposes and work elements of this MOU, to the
extent resources and authorities permit.
March 8, 2016
4
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD LNTERAGENCY WORKING GROUP
Agreement#G9500100074
ARTICLE V—TERM OF AGREEMENT
This MOU is executed as of the date of the Party's last signature shown below and shall be in
effect for a period of five (5) years, at which time it will be subject to review,renewal, revision,
or expiration. However, at the end of two (2) years, the Parties to this MOU will conduct an
interim review of its language, tasks, and direction and make any necessary corrections as
mutually agreeable and agreed to in writing by all Parties.
ARTICLE VI—KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communication between
the Parties and the work being performed as follows:
1. NPS:
Lisa Turecek, PE
Chief, Facility Management
Olympic National Park
600 E. Park Avenue
Port Angeles, WA 98362
E-mail: lisa_turecek@nps.gov
Telephone: (360) 565-3150
2. FHWA-Western Federal Lands Division:
Peter Field
Planning and Programs Manager
FHWA Western Federal Lands
610 E. Fifth Street
Vancouver, WA 98661
E-mail: peter.field@dot.gov
Telephone: (360) 619-7619
Facsimile: (360) 619-7846
3. FHWA-Washington State Division
Dean Moberg
Area Engineer
FHWA Washington Division Office
711 South Capitol Way, Suite 501
Olympia, WA 98501
E-mail: dean.moberg@dot.gov
Telephone: (360) 534-9344
Facsimile: (360) 753-9889
March 8, 2016 5
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
4. WSDOT
Kevin J. Dayton
Olympic Region Administrator
5720 Capitol Blvd. SE, Tumwater, WA
PO Box 47440
Olympia, WA 98504-7440
E-mail: DaytonK(ciwsdot.wa.gov
Telephone: (360) 357-2605
Facsimile: (360) 357-2601
Neal J. Campbell
Olympic Region Local Programs Engineer
5720 Capitol Blvd. SE, Tumwater, WA
PO Box 47440
Olympia, WA 98504-7440
E-mail: CampbeN@wsdot.wa.gov
Telephone: (360) 357-2666
Facsimile: (360) 357-2601
5. Jefferson County
County Engineer
Jefferson County Public Works
623 Sheridan St.
Port Townsend, WA 98368
Telephone: (360) 385-9160
Fax: (360) 385-9234
B. Communications-Any communication regarding this Agreement will be addressed to the
key officials identified in Article VI, Section A above.
C. Changes in Key Officials —Permanent change in a key official requires written notice to
the other Parties.
ARTICLE VII—MODIFICATION AND TERMINATION
A. This Agreement may be modified only by a written instrument executed by all the Parties.
B. Additional parties may be added to this MOU, provided this Agreement is modified
pursuant to ARTICLE VII Section A above.
March 8, 2016
6
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
C. Any Party may withdraw from this MOU after sixty (60) days prior written notice to the
other Parties. In the event that one or more Parties provide the other Parties with notice of
its/their intention to withdraw from this MOU, the Parties will meet promptly to discuss
the reasons for the notice and to try to resolve their differences.
ARTICLE VIII—SPECIAL PROVISIONS AND STANDARD CLAUSES
A.Non-Fund Obligating Document. This MOU is neither a fiscal nor a funds obligation
document because it does not mandate the expenditure of any funds by any Party to this MOU.
Any endeavor involving reimbursement or contribution of funds between the Parties of this
MOU will be handled in accordance with applicable laws, regulations, and procedures including
those for Government procurement and printing. Such endeavors will be outlined in separate
agreements that shall be made in writing by the Parties entering into separate agreements and
shall be independently authorized by appropriate statutory authority. This MOU does not provide
such authority. Specifically, this MOU does not establish authority for noncompetitive award to
the cooperator of any contract or other agreement.
B.No Member of Congress to Benefit. Pursuant to the United States Code, Title 41, Section 22,
no member of Congress shall be admitted to any share or part of this MOU, or any benefits that
may arise therefrom.
C. Participation in Similar Activities. This MOU in no way restricts any signatory from
participating in similar activities with other public or private agencies, organizations, and
individuals.
D. Responsibilities to the Act. Nothing in this MOU abrogates the responsibility of any land
managing agency to manage its road resources according to the laws, rules, and regulations
governing its management authority over such lands. This MOU does not create any obligation
on any Party or any employee or representative of any Party to take any affirmative action other
than those listed in Article IV above.
E.Nondiscrimination. During the performance of this MOU, the Parties agree to abide by the
terms of Executive Order 11246 on nondiscrimination and will not discriminate against any
person because of race, color, age, religion, disability, sex, or national origin. The Parties will
take affirmative action to ensure that applicants are employed without regard to their race, color,
age, religion, disability, sex, or national origin.
F. Conduct of Activities. The Parties shall handle their own activities and use their own
resources, including the expenditure of their own funds, in pursuing the objectives enumerated in
this MOU. In implementing this MOU, each Party will be operating under its own laws,
regulations, and policies, subject to the availability of appropriated funds. While acting in
furtherance of the terms and conditions of this MOU, the employees of each Party to this MOU
are deemed to be acting solely on behalf of the Party that employs them and are not employees,
agents or representatives of any other Party to this MOU.
March 8, 2016 7
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
G. Existing Authority. Nothing in this MOU is intended to alter, limit, or expand any Party's
statutory and regulatory authority.
H. No Enforceable Rights. This MOU does not create any substantive or procedural right that is
enforceable at law or equity against the any Party to this MOU or its officers, agents, and
employees.
I. Severability. If any section of this MOU is found to be unlawful or against public policy, then
all the remaining sections of this MOU shall continue to be valid.
ARTICLE IX—SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Party's date
last signed below.
FOR THE NATIONAL PARK SERVICE:
Signature: (40
Name: Sarah Creachbaum
Title: Superintendent, Olympic National Park
Date: 4/' //(v
FOR THE FEDERAL HIGHWAY ADMINISTRATION—WESTERN FEDERAL LANDS:
Signature: "3/ 6 ,�,'a
Name: Sandra Otto
Title: Western Federal Lands Division Director
Date: c/ t /,, / /
March 8, 2016
8
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
FOR THE FEDERAL HIGHWAY ADMINISTRATION — WASHINGTON STATE
DIVISION:
Signature: . • f 1/^A62.5
Name: Daniel Mathis
Title: Washington Division Office Division Administrator
Date: 6 4/Z7 (z-of
FOR THE WASHINGT STATE DEPARTMENT OF TRANSPORTATION:
Signature:?
Name: Kevin J. Dayton
Title: Olympic Region Administrator
Date: 42/z.cL. Ef, 20/6
March 8,2016 9
MEMORANDUM OF UNDERSTANDING
UPPER HOH ROAD INTERAGENCY WORKING GROUP
Agreement#G9500100074
FOR JEFFERSON COUNTY:
Signature: .1&
Name: Kathleen Kier A proved as to rrn o i
Title: Chair, Jefferson County Board of Commissioners 3 11.0
/
Date: `', '/70 .Prosecutor's O 6
David •
Alvarez,Chief Civil A
Signature:
Name: David Sullivan
Title: Jefferson County Commissioner
Date: 3/23-//(a
e
Signature:
//1".4 — -
Name: Phil Johnson
Title: Jefferson County/ Commissioner
Date: 3/�S'//(�j
March 8, 2016
10
Department of Public Works
O Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer (
Agenda Date: March 28, 2016
Subject: Renewal of the Memorandum of Understanding with the Upper
Hoh Road Interagency Working Group Expiring June 10, 2016
Statement of Issue:
In an effort to address long term management of the first twelve miles of the Upper
Hoh Road, from U.S. 101 to the boundary of Olympic National Park, Jefferson County
entered into a Memorandum of Understanding (MOU) with partner agencies in June
2011. In addition to Jefferson County, the Upper Hoh Road Interagency Working Group
("Working Group") includes the United States Department of the Interior, National
Park Service (NPS); the United States Department of Transportation, Federal Highway
Administration - Western Federal Lands Highway Division and Washington State
Division (FHWA); and the Washington State Department of Transportation (WSDOT).
The MOU remains in effect for five years and expires on June 10, 2016.
The Working Group met on May 13, 2015 and discussed the upcoming expiration of the
MOU. The Working Group determined the language of the MOU would remain the
same and decided to renew the MOU for another five years.
Analysis/Strategic Goals/Pro's a Con's:
Approximately 85% of the traffic on the Upper Hoh Road is generated by Olympic
National Park visitation, with the Hoh Rain Forest generally recording between
200,000 and 300,000 visitors per year. The first 12 miles of the Upper Hoh Road is
among the most difficult and expensive roadways to operate in Jefferson County.
Given the nature of the use of the road and the environmental challenges the
responsibilities for road management clearly extend beyond the County, particularly
in an era when local resources continue to diminish.
Public Works proposes the County renew the MOU with Working Group partners to
continue progress towards securing continued assistance from and sharing certain
road management responsibilities with the appropriate Federal and State agencies for
Department of Public Works
O Consent Agenda
Page 2 of 2
the Upper Hoh Road. The other four partners in the Working Group have agreed to
sign this MOU renewal.
Fiscal Impact/Cost Benefit Analysis:
This coalition has been very successful in bringing resources to the Upper Hoh Road.
Since the MOU was signed in 2011, approximately $17.3 million of Federal and State
funding have been committed to the first 12 miles of the Upper Hoh Road.
Over the past 10 years (2006-2015) the Upper Hoh Road has required over $6.3 million
in emergency repairs and associated environmental mitigation. Consequently, the
cooperation of the partner agencies remains important.
There is no financial commitment proposed in the MOU to or from the partner
agencies. The MOU establishes a framework by which additional Federal and State
resources may be applied to the first twelve mites of the Upper Hoh Road. The
agreement is proposed to last five (5) years, which is the standard time period for
MOUs that involve the National Park Service.
Recommendation:
The Board is requested to sign the attached six (6) originals of the MOU and return
them to Public Works for further processing. Upon execution by all parties to the
MOU, one (1) signed original will be returned to the Commissioners' office. One of the
originals will be kept by Public Works and the remaining four (4) originals will be
distributed to the other signatories to the MOU.
Department Contact: Zoe Ann Lamp, AICP 360-385-9162
Reviewed By:
ip Morley, my Administrator Date
CONTRACT REVIEW FORM ) (,_ 5-0
CONTRACT WITH: United States Department of the Interior, National Park Service (NPS), the
United States Department of Transportation, Federal Highway Administration-
Western Federal Lands Highway Division and Washington State Division
(FHWA), and the Washington State Department of Transportation (WSDOT)
(Contractor/Consultant)
CONTRACT FOR: Renewal: Memorandum of Understanding TERM:
regarding the long-term management of the 5 years
Upper Hoh Road
COUNTY DEPARTMENT: Public Works
For More Information Contact: Zoe Ann Lamp MAR 112016
Contact Phone #: (360)385-9162
RETURN TO: Tina RETURN BY= 03/18/2016
(Person in Department) (Date)
AMOUNT: N/A PROCESS: 0 Exempt from Bid Process
_ Consultant Selection Process
Revenue: Cooperative Purchase
Expenditure: _— Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds —
_ Vendor List Bid
_ RFP or RFQ
X Other
Step 1: REVIEW BY RI E T
Review by: . ,4 Phil( Morley
Date Reviewed:
OVED FORM' ❑ Returned for revision(See Comments)
ConX
c) EYED
MAR 14 2016
StepEFERSON COUNTY REVIEW BY PR EC IN ill TTORNEY
PROSECUTING ATTOR ' w by:
Date Reviewed: � V
j
avid Alvarez
APPROVED AS TO FORM l
Co meets sElReturned for revision(See Comore s)
Step 3: (If required)DEPARTMENT MAKES REVISIONS AND 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 and Review Form with Agenda Bill to 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.
G:\Transportation\Upper Hoh Rd Mgmt Transfer\Management Agreements\MOU-Shared Understanding\20 1 5\Contract Review Form.docx
rev. 1 2/10/20 14
0599521 PGS : 11 MEMO
24/2016 09.26 AM $83 00 JEFFERSON COUNTY PUBLIC WORKS
Jefferson County WA Auditor's Office - Rose Ann Carroll; Auditor
111111:4/17 L111.I1iNt 11,1 1:i 411"i 14, 11111
NAME & RETURN ADDRESS
Jefferson County Public Works
623 Sheridan Street
Port Townsend, WA. 98368
DOCUMENT TITLE
Memorandum of Understanding: Upper Hoh Road Interagency Working Group
REFERENCE NUMBERS (S) OF RELATED DOCUMENTS
Agreement#G9500100074
Additional Reference#'s on page
GRANTOR(S)(Last, First and Middle Initial)
Jefferson County Public Works
Additional grantor on page
GRANTEE (S)(Last, First and Middle Initial)
N/A
Additional grantee on page
LEGAL DESCRIPTION(Abbreviated i.e.lot,block,plat or section,township,range)
N/A
Additional legal on page
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER
N/A
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The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify
the accuracy or completeness of the indexing information provided herein.
EMERGENCY NONSTANDARD REQUEST—SIGN ONLY WHEN RECORDING AS NONSTANDARD
I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in RCW 36.18.010. I understand
that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document.
Signature
Date