HomeMy WebLinkAboutSMP Amendment No 2 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, County Administrator
FROM: Josh D. Peters,AICP, DCD Deputy Director
DATE: April 24,2023
RE: Supplemental Agreements to Consultant Contract with BERK
• Shoreline Master Program (SMP) Update through June 30
• Shoreline User Guide (SUG)through June 30
• SMP adoption, SUG completion,and staff training after June 30
STATEMENT OF ISSUE:
Jefferson County is in the midst of two related projects: (1)complete the periodic update of our
Shoreline Master Program (SMP),as required by the Shoreline Management Act(SMA)statute
and administrative rules; and(2)complete the Shoreline User Guide(SUG) project associated
with the SMP Update.
DCD now proposes three supplemental agreements to our existing contract with BERK
Consulting(BERK) in order to complete the two projects listed above, as well as receive staff
training to implement the updated SMP and associated components of the Critical Areas
Ordinance (CAO) adopted in 2019 with assistance from BERK. See the updated BERK scope,
schedule, and budget(attached). The net effect of the proposed supplemental agreements would:
2. Enable $49,980 of consultant services to be reimbursed by the state for SMP Update work
completed before July 1,2023.
3. Enable $16,745 of consultant services to be reimbursed by the state for SUG work
completed before July 1,2023.
4. Enable completion/delivery of the SMP Update,the SUG, and SMP/CAO training after
June 30, 2023. Supplements remaining budget of$4,688 by$17,608.
'Note that the BERK contract has already had one supplemental agreement.Thus,these three proposed
supplemental agreements are numbered 2,3,and 4.DCD proposes three new supplemental agreements instead of
one because ECY requires separate consultant agreements related to two separate grant agreements between ECY
and Jefferson County approved on March 27,2023.
1
Consent Agenda
ANALYSIS:
On March 27, 2023, the Board approved grant amendments (one new agreement and one
amendment to an existing agreement)with Department of Ecology(ECY) for additional funds
and other provisions that facilitate the county's completion of these two projects. In summary,
those grant agreements with ECY effect the following:
• For the SUG, amends the current ECY grant agreement so that the deliverable due by June
30, 2023 (the end of the state's fiscal biennium) is a draft SUG rather than a final product,
enables the use of consultant services, and adds $3,000 to the project budget, making a
total grant award of$28,150.
• For the SMP Update, establishes a new grant agreement for$50,000,to be expended by
June 30, 2023, in order to progress toward adoption of an updated SMP. DCD began the
SMP update project several years ago. Some of that work was reimbursed through an ECY
grant that expired on June 30, 2021. The new grant agreement enables state funds to be
used to reimburse a consultant under contract with the county to perform tasks therein.
Jefferson County has an active contract with BERK Consulting (BERK)to complete the SMP
update. That contract has $4,688 remaining. Proposed supplemental agreements numbers 2 and 3
would enable$66,725 of state money provided through the ECY grant agreements described
above to be used to reimburse the county for consultant expenditures between April 1 and June
30, 2023 for the SMP Update and SUG projects. Proposed supplemental agreement number 4
covers work on the SMP Update,the SUG, and SMP/CAO training after June 30,2023, adding
scope of work to and $17,608 to the remaining$4,688 in the current BERK contract.
ATTACHMENTS:
• Contract Review Forms for three supplemental agreements (#2, 3, and 4, respectively)
• Supplemental agreements 2, 3, and 4 to existing BERK contract, including:
o updated BERK scope, schedule, and budget(dated April 11, 2023)
o existing BERK contract: supplemental agreement 1 (2021)and 2020 contract
• ECY grant agreement for SMP Periodic Review
• ECY grant agreement, as amended, for SUG
FISCAL IMPACT:
SMP Periodic Review—In light of constraints on DCD in-house resources to dedicate to this
project, consultant services are required to finish the project, including preparing a point-by-point
to ECY's Initial Determination Memo from last fall, modifying the working draft last revised
over a year ago, moving the proposal through the public process, and related tasks. By
supplementing the BERK contract,the county could recover up to approximately$50,000 for
work completed by June 30,through the recent ECY grant agreement. The SMP Update is
anticipated to be completed in late summer or early autumn. Work by BERK after June 30 is
covered in proposed supplemental agreement 4.
2
Consent Agenda
SUG—The project was initially scoped to use in-house resources, which have been subsequently
curtailed due to staff turnover and development review caseload. The original ECY grant
agreement for the SUG does not provide for consultant services to draft the product. The recent
amendment to that ECY grant agreement enabled DCD to supplement the existing BERK SMP
update contract to include the associated task of developing a draft SUG in coordination with the
content of the working draft SMP update. An addition of$3,000 to the SUG budget served to
offset the difference between hourly costs of in-house resources versus consultants. By
supplementing the BERK contract, the county could recover up to$16,745 for consultant services
performed between April 1 and June 30, through the recent amendment to the ECY grant
agreement. The SUG would be completed following adoption of the updated SMP, which is
anticipated in late summer or early autumn. Work by BERK after June 30 is covered in proposed
supplemental agreement 4.
Because of the two recent ECY grant agreements, the county cost for BERK consultant services
through adoption of the SMP, completion of the SUG, and provision of related training is
anticipated to be a total of$22,295 (including$4,688 remaining in budget authorized through the
existing contract). See the updated BERK scope, schedule, and budget(attached)for details.
RECOMMENDATION:
Execute the three supplemental agreements with BERK.
DEPARTMENT CONTACT:
Josh Peters, Deputy Director, Department of Community Development
REVIEWED BY:
' 12Z__3
Mark McCau County Administrator ate
,
3
CONTRACT REVIEW FORM Clear Form:]
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: BERK Consulting, Inc.supplement Extension#2 Contract No: BERK Sup 2 2023
Contract For: Periodic Review re Shoreline Master Program Term: 04.01.2023-06.30.2023
COUNTY DEPARTMENT: Community Development
Contact Person: Josh Peters
Contact Phone: x488
Contact email' jshannon@co.jefferson.wa.usjpeters@co.jefferson.wa.us
AMOUNT: 49,980 PROCESS: Exempt from Bid Process
Revenue: 50,000(ECY grant) Cooperative Purchase
Expenditure: o Competitive Sealed Bid
Matching Funds Required: o Small Works Roster
Sources(s) of Matching Funds n/a Vendor List Bid
Fund 4 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A: V ?'S i
11 Signatu a ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A:
Sign4ture I 15ate
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/18/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/17/2023.
Approved as to form by Barbara Ehrlichman 4/17/23
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Organization and Address
Supplemental Agreement
Number 1 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review $40,000.00 $6,038.45 $19,998.00
Description
Supplement No. 1 to Professional Services Agreement for Shoreline Master Program Periodic Review is
appended with"Exhibit B--Shoreline Master Program Supplemental Services"extending work in Task 5
Supplemental Meeting and Adoption Support. Current contract expires June 30, 2021. Exhibit B describes an
extension to the contract term to provide additional staff support until final adoption of the"Locally Approved
SMP"by the Board of County Commissioners,anticipated to occur prior to October 2021; "Exhibit C—Budget
Supplement"to add $20,000 to the original contract amount for a Not To Exceed amount of$60,000 to provide
a greater level of effort for professional services over a longer review and editing schedule.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants Inc, and executed on September 11, 2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract,dated September 11,2020, remain in effect
except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to read as follows:
Consultant agrees es to perform the services. identified on Exhibit"B"Task 5. Supplemental Meeting and
Adoption Support attached hereto, including the provision of all labor.
II
Section 3. Time for Performance, is hereby changed to read as follows:
Work under this contract shall commence upon the giving of written notice by the Coun 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 Exhibit B prior to final adoption
of the"Locally Approved Shoreline Master Program."
III c
D � i
Section 4. Payment, is hereby changed to read at Section 4.a.as follows: CEC� E0 -W i
J U L 2 7 2021
Page 1 of 3
coArr� r utVtlnutil�R
"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$60 000 without the
express written modification of the agreement si ng ed by the County."
IV
Section 15. Notices, is hereby updated to read at"Notices to Consultant shall be sent to the following
address:"
"BERK Consulting, Inc.,2200 Sixth Avenue Suite#1000 Seattle WA 98121"
V
"Exhibit B",and "Exhibit C"are added to the Contract.
Page 2 of 3
Signatures indicate agreement to the changes as stated in this Supplement#1 to the Professional Services
Contract for Comprehensive Plan Periodic Review
DATED this day of Zti� 20-2[
BERK Consultants, Inc. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
r.
C kultant's Signature Kate Dean,Chair
Date ?—� erton, M her
i
Heidi Ei hour,Member
Approved as to form only this 29th
day of June 1202 1
Philip Hunsucker,Deputy Prosecuting Attorney
z-1 �z
Jo s, rim Director 1 Date
D artment of Community Development
Page 3 of 3
June 14, 2021
Exhibit B
Shoreline Master Program Supplemental Services
Jefferson County is completing its periodic review of the Shoreline Master Program (SMP). The SMP will
address recent amendments to the Shoreline Management Act and Ecology rules, ensure consistency with
the comprehensive plan and development regulations, and address changed circumstances, new
information, and improved data. As a key local initiative, the SMP periodic review will address Jefferson
County's Regulatory Reform Program in Resolution 17-1 9 meant to evaluate development regulations like
the SMP in order to reduce unnecessary complexity, inconsistencies, and unpredictable permitting paths,
while continuing to protect public health and the environment.
The SMP engagement process has included a SMP Task Force, stakeholder meetings, and online survey
and story map. The SMP periodic review amendments have been taken before the Planning Commission
for briefings and a public hearing in June 2021, jointly held with the Washington Department of Ecology.
The 2020 consultant scope identified conducting a public hearing and developing a recommendation for
the Board of County Commissioners. The County wishes to have added consultant support for additional
public meetings and responding to public, tribal, and agency comments.
BERK Consulting, Inc. will continue to serve as prime and support Jefferson County with the periodic
review requirements. Shannon & Wilson will continue to provide advice on elements of the periodic
review related to biology and aquatic elements. Collectively the team is called the Consultant in the
scope below.
Task 5. Supplemental Meeting and Adoption Support
After the hearing process in Task 4, the Consultant will attend up to three additional decision maker
meetings with either the Planning Commission or Board of County Commissioners. All meetings are
assumed to be virtual. The Consultant will assist in responding to public, tribal, and agency comments. The
consultant will attend up to three team meetings with County staff and Ecology staff to develop SMP
amendments in response to comments. The Consultant will revise SEPA documents as appropriate for
distribution by the County. The consultant will develop revised periodic checklist materials reflecting the
final changes, and a summary of amendments made in response to comments received to support the
submittal of materials to the department per WAC 173-26-1 10.
_j
COST ESTIMATE
Lisa Grueter Kevin Gifford AM j Summe Total Hours and
,'ro•ect.Manager Plans— c 'cg:s� Estimated Cost
2020 Hourly Rate $225 $160 $190 by Task
Task 5 Supplementai Meeting and Adoption Support 48 4 44
Subtotal 48 4 44 96
$19.800
SO
Total Estimated Hours 48 4 44 9t5
Cost(Hours*Rate} $10,800 $640 58.36,0 $19,800
Subtotal Consultant Cost §19,800
Project Expenses at -1"%o of Project Budget $198
Estimated Project Total $19.998
e - --
Aff DRAFT June 29, 2021 Gent Protect Name
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, Interim County Administrator
FROM: Jodi Adams, Interim Director, Dept. Community Development
David Wayne Johnson,Interim Planning Manager, DCD
DATE: July 6,2021
RE: Supplement#1 to the Professional Services Contract for BERK
Consulting—Shoreline Master Program Periodic Review
STATEMENT OF ISSUE:
The purpose of this contract amendment is to allow BERK Consulting to continue their work
assisting DCD staff by providing analysis and support to the County's completion of its
periodic review to the Shoreline Master Program(SMP),after the expiration of the Ecology
Grant Agreement SEASMP-1921-JCDCD-00032 funding on June 30, 2021.
ANALYSIS:
The Professional Services Agreement (contract)has been instrumental in the County's ability
to help manage, draft and finalize a code review and revisions consistent with RCW 90.58 the
State Shoreline Management Act, and its implementing rules and requirements under WAC
173-26. The initial contract (not to exceed $40k)was completed with the understanding that
consultant services would be paid from the Ecology Grant Agreement SEASMP-1921-
JCDCD-00032. However, because of additional time needed to include potential revisions
based upon new information and public and agency input,the Grant Agreement, which cannot
be extended, will expire before the review and revisions are completed.
BERK has successfully accomplished to the satisfaction of the County all of tasks and
deliverables associated with Tasks 3 &4 of the existing professional services agreement.
Tasks 5, drafting revisions and finalizing the approval of the draft, will require the consultant
to help complete. Once the Agreement is signed,the County will pay the consultant for
services rendered from the General Fund via a Supplemental Budget Appropriation(attached).
We anticipate completing the process by the end of September 2021.
ATTACHEMENTS:
0 BERK SMP Contract Amendment#1
Consent Agenda
• Exhibit B Shoreline Master Program Supplemental Services
• Exhibit C DCD 2nd Qtr. Appropriation Form
• Contract Review Form - BERK Supplemental
• BERK Jefferson SNIP Contract 2020 0911
FISCAL IMPACT:
This Supplement#1 adds $19,998.00 to the original contract. The required funds will be
transferred from the General Fund through a one-time appropriation to the DCD budget for
Professional Services/Consultants (attached).
RECOMMENDATION:
Execute the contract amendment.
DEPARTMENT CONTACT:
David Wayne Johnson,Interim Planning Manager, Department of Community Development
REVIEWED BY:
Mark McCaule 414nterim County Admi ' t for Da
CONTRACT REVIEW FORM
CONTRACT WITH: BERK Consulting Inc.
CONTRACT FOR: Periodic Review of Shoreline Master Program TERM: July 2021 —October
Supplement Extension#1 2021
RECEIVED
COUNTY DEPARTMENT: Community Development
For More Information Contact: David Wayne Johnson x465 JUN 2 9 7021
Contact Phone #:
RETURN TO: Same
RETURN BY: ASAP COMMISSIONERS
(Person in Department) (Date)
AMOUNT: $19,998.00 PROCESS: 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
X RFP or RFQ
Other
Step 1 : REVIEW BY RISK MANAGEMENT
Review by:
Date Reviewed:
:-:IectrE A)rlalWOVEWhy4Risk Management on / / ued for revision(See Comments)
Comments
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by:
Date Reviewed:
❑ APPROVED AS TO FORM ❑ Returned for revision(See Comments)
eoc 'r 'Mcall
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOWCONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 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 5 p.m. TUESDAY for the following Monday's agenda.
Julie Shannon
From: Philip Hunsucker
Sent: Monday, June 28, 2021 9:23 AM
To: David W. Johnson
Cc: Jodi Adams
Subject: RE: CONFIDENTIAL - ATTORNEY/CLIENT COMMUNICATION - SMP Contract
David Wayne:
These proposed documents are fine. Nice job. Please make sure the AR gets submitted with the amendment, along
with the original contract and any earlier amendments.
Philip
tPhilip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend,WA 98368
Ph: 360-385-9219 (direct) Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law
found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for
inspection)of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
From: David W. Johnson
Sent: Monday,June 28, 2021 8:20 AM
To: Philip Hunsucker<PHunsucker@co.jefferson.wa.us>
Cc: David W.Johnson<djohnson@co.jefferson.wa.us>;Jodi Adams<jadams@co.jefferson.wa.us>
Subject: CONFIDENTIAL-ATTORNEY/CLIENT COMMUNICATION -SMP Contract
Philip,
Here's the draft of the contract extension with BERK consulting for the SMP. The supplemental budget request needs to
be revised to reflect the actual cost. Working on the Agenda Request today.
Thanks!
David Wayne Johnson - LEED AP- Neighborhood Development
Interim Planning Manager—Long Range Lead Planner- Port Ludlow Lead Planner
Department of Community Development (DCD)
Jefferson County
160,179,4461
1
EFFECTIVE TUESDAY 6/1/2021 DCD WILL BE OPEN TO THE PUBLIC. M-Th 9:00-12:00 & 1:00-
4:30
DCD will maintain limited customer interaction and recommends scheduling an appointment to meet with
staff. DCD will no longer be accepting building applications by drop off or mail, you must schedule an
appointment with front staff to submit. A mask and social distancing is required.
Please visit our website https://www.co.iefferson.wa.us/dcd to see how we can best serve you during this time.
• Email: dcd@co.lefferson.wa.us
• Phone: 360-379-4450
• Mail: 621 Sheridan St.; Port Townsend, WA 98368
1 offers an online scheduling calencla to request appointments, • questions,and pay consultationon •
ur
website frontpage. Appointment times for • •. •. from 1• •
Customersm.
-•uest aWointments at least 4: hounn, • -• i • 1
• 11 for 1 hour.
Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound
communities and a healthy environment.
ASAVE PAPER - Please do not print this e-mail unless absolutely necessary
All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third-party requestor.
Jefferson County Department of Community peveknmwK
SIPVAREEN E
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2
PROFESSIONAL SERVICES AGREEMENT FOR
Shoreline Master Program Periodic Review
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
(the County), and BERK Consulting,Inc.(the Consultant), in consideration of the mutual benefits,
terms, and conditions hereinafter specified.
l. Project Designation. The Consultant is retained by the County to assist with completion
of the Jefferson County Shoreline Master Program (SMP) Update, in association with
Department of Ecology Agreement No. SEASMP-1921-JCDCD-00032.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A"(proposal) attached hereto, including the provision of all labor.
3. Time for Performance. Work under this contract shall commence beginning August 10,
2020, to be completed by June 30,2021.
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 The Consultant shall be made as provided on
Exhibit"A",provided that the total amount of payment to the Consultant shall not
exceed $40,000 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.
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 the Consultant's endeavors.
CONSULTANT AGREEMENT
Page I of 10
6. Compliance with laws. The 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. The Consultant shall indemnify and hold harmless the County, its past or
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities),from and against all claims,losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Consultant's own employees,or damage
to property occasioned by a negligent act, omission or failure of the Consultant. The
Consultant shall be liable only to the extent of the Consultant's proportional negligence.
The Consultant specifically assumes potential liability for actions brought against the
County by The Consultant's employees, including all other persons engaged in the
performance of any work or service required of the Consultant under this Agreement and,
solely for the purpose of this indemnification and defense, the Consultant specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Consultant recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.115 and was subject of mutual negotiation.
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.
Commercial 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 with the COUNTY named as an additional insured in connection with the
CONSULTANT'S performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars(S 1,000,000)per occurrence and an aggregate of not less than two(2)times
the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope of the protection provided and
include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
CONSULTANT AGREEMENT
Rc, x;,,.,21�
age2of10
C. Broad Form Contractual/Commercial Liability-including completed operations;
d. Premises-Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen(15)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County,the insurer
shall reduce or eliminate deductibles or self-insured retention or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Consultant shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Consultant to take out and/or maintain any required insurance shall not
relieve The Consultant from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against
the County (including its employees and other agents and agencies), it being the intention
of the parties that the insurance policies so affected shall protect both parties and be primary
coverage for any and all losses covered by the above described insurance. It is further
agreed by the parties that insurance companies issuing the policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance policies shall
be assumed by and be at the sole risk of the Consultant.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Consultant until such time as the Consultant shall furnish
CONSULTANT AGREEMENT
Re- V20 Page 3 of 10
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of
insurance the Consultant must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured"to a
policy obtained by the Consultant refers to an endorsement(by number or name)but does
not provide the full text of that endorsement,then it shall be the obligation of the Consultant
to obtain the full text of that endorsement and forward that full text to the County.
The County may, upon the Consultant's failure to comply with all provisions of this
contract relating to insurance,withhold payment or compensation that would otherwise be
due to the Consultant.
9. Worker's Compensation(Industrial Insurance).
a. 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, the Consultant shall maintain
workers' compensation insurance at its own expense,as required by Title 51 RCW,
for the term of this Agreement and shall provide evidence of coverage to Jefferson
County Public Health, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability
with limits meeting all applicable state and federal laws.
C. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Consultant expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Consultant.
10. 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 the Consultant nor any employee of the
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
CONSULTANT AGREEMENT
R,, 9+202Q
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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 the Consultant, or any employee of the Consultant.
it. Subcontracting Requirements.
a. The Consultant is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs,and schedules. Failure of a subcontractor to perform is no defense to a breach
of this Agreement. The Consultant assumes responsibility for and all liability for
the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement.
The Consultant must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services
under this Agreement. The Public Health Director or their designee must approve
any proposed subcontractors in writing.
C. Any dispute arising between the Consultant and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required
by this Agreement.
12. 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.
13. 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.
14. No Assignment. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the County.
15. 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.
16. Termination.
a. The County reserves the right to terminate this agreement at any time by giving ten
CONSULTANT AGREEMENT
Re, V202u Page 5 of 10
(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.
17. Notices.
Notices to the County of Jefferson 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:
BERK Consulting, Inc.
2200 Sixth Avenue, Suite 1000
Seattle, WA 98121
18. 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 the Consultant.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and the Consultant.
20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager,whose decision in the matter shall be final,but shall be subject to judicial review.
If either party deem it necessary to institute legal action or proceeding to enforce any right
or obligation under this Agreement,each party in such action shall bear the cost of its own
attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of
the State of Washington for Jefferson County. The parties agree that all questions shall be
resolved by application of Washington law and that the parties have the right of appeal
from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The Consultant hereby consents to the personal jurisdiction of the Superior
Court of the State of Washington for Jefferson County.
CONSULTANT AGREEMENT
R- 81202C Page 6 of 10
21. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
22. Limits of Any Waiver of Default. No consent by either party to, or waiver of,a breach by
either party, whether express or implied,shall constitute a consent to, waiver of,or excuse
of any other,different, or subsequent breach by either party.
23. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof,or delay
in taking any action in connection with, shall not waive such breach or default.
24. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
25. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs,and assigns.
26. No Assignment. The Consultant shall not sell,assign,or transfer any of rights obtained by
this Agreement without the express written consent of the County.
27. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
28. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect as
if all the parties had signed the original.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
31. Public Records Act. Notwithstanding any provisions of this Agreement to the contrary,to
the extent any record, including any electronic, audio,paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW (as may be amended), the Consultant agrees to maintain all
records constituting public records and to produce or assist the County in producing such
records, within the time frames and parameters set forth in state law. The Consultant
further agrees that upon receipt of any written public record request, the Consultant shall,
CONSULTANT AGREEMENT
Re. B.202��
Page 7 of 10
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
(SIGNATURES FOLLOW ON NEXT PAGE)
CONSULTANT AGREEMENT
R—612020 Page 8 of 10
DATED this 2 /�Z day of i G�St 2p 2U
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
BERK Consulting, Inc.
Name of Consultant Greg Brotherton, Chair
Lisa Grueter
Consultant's Representative (Please print) Kate Dean,Member
.Awed 46ti xiC�A,
6tgnature) David W. Sullivan,Member
Principal
7i+.le
09/11/2020
Date
Approved as to form only:
WOW A)
I Date
CONSULTANT AGREEMENT
Page 9 of 10
Chief Civil Deputy Prosecuting Attorney
lei,111)A4�
710
Linda Paral , Acting irector Date
Department of Community Development
CONSULTANT AGREEMENT
R-um20 Page 10 of 10
August 4,2020
EXHIBIT A
Project Understanding
Jefferson County completed a Shoreline Master Program (SMP) Update in 2013.With multiple years'experience
implementing the policies and regulations,Jefferson County is now embarking on the state required periodic
review.The SMP will address recent amendments to the SMA and Ecology rules,ensure consistency with the
comprehensive plan and development regulations,and address changed circumstances,new information,and
improved data.As a key local initiative,the SMP periodic review will address Jefferson County's Regulatory
Reform Program in Resolution 17-19 meant to evaluate development regulations like the SMP in order to reduce
unnecessary complexity, inconsistencies,and unpredictable permitting paths,while continuing to protect public
health and the environment.A task force will be established as a sounding board to help vet and advance the
periodic review.Task force members are likely to include state resource agencies,tribes,ports,environmental and
recreation interests,and citizens from different county regions.The SMP will also undergo legislative review with
the Planning Commission and Board of County Commissioners.
BERK Consulting,Inc.will serve as prime and support Jefferson County with the periodic review requirements and
public engagement.Shannon &Wilson will provide advice on elements of the periodic review related to biology
and aquatic elements. Collectively the team is called the Consultant in the scope below.
Project Approach
Consistent with the Request for Proposal and the Washington Department of Ecology Shoreline Master Programs
Periodic Review Scope of Work,proposed tasks include:
1. Kick off and Coordination
2. Public Participation
3. Review SMP and Draft Revisions
4. Final Draft SMP and Adoption Process
Each task is described below.
Assumption: Start date is August 10, 2020.
Task 1 . Kick off and Coordination
As part of contract scoping the Consultant will confirm project goals,public participation objectives,task force
formation and schedule,progress in the SMP gap analysis,and potential topics for County-Consultant coordination.
A formal kick off of the project will include a public open house sponsored by the Planning Commission held
virtually by Teams or Zoom or a similar platform. See Task 2.
ill -- - - - --�-�—
On an on-going basis, the Consultant will coordinate regularly with County staff and set up regular points of
contact such as a bi-weekly call. The Consultant will design regular monthly progress reports to support County
staff preparation of Ecology progress reports.
Task 2. Public Participation
Public engagement in the review of the SMP is a key component of a successful process. WAC 173-26-090
requires both public engagement and the issuance of a Public Participation Plan. County staff will prepare the
plan, and the Consultant will peer review it.
As part of the initial phase of the SMP Periodic review the Consultant will peer review the County's draft public
survey and offer advice on the survey questions. The Consultant will help plan and facilitate a public open house
sponsored by the Planning Commission, held virtually by Zoom,Teams,or a similar platform.The Consultant will
develop a story map or equivalent online map and information supporting the Open House.
The Consultant will also support County staff and a Task Force charged with developing a scoping document that
meets periodic review requirements and addresses lessons learned in permit reviews and address regulatory
reform as outlined in Resolution 17-1 9. The scope and level of effort anticipate 4-6 meetings of a Regulatory
Reform Task Force via a virtual platform such as Teams or Zoom or similar.
The Consultant will support the County's approach to conducting the joint County-Ecology review process as
authorized under WAC 173-26-104. This process offers joint review, notice,and comment procedures that can
facilitate the adoption process.
The Consultant will prepare a fact sheet or a flier to support the open house or another engagement effort at the
request of the County.
Task 3. Review Shoreline Master Program and Draft
Revisions
The Consultant will work with County staff to identify SMP topics that will be shared with and coordinated by
County Staff in response to the County's Periodic Review Checklist evaluation, and to advance the Task Force work
plan. The Consultant will peer review County prepared SMP elements. For topics assigned to the Consultant team,
we can prepare issues and options papers describing any SMP implementation obstacles,example policy and text
options to address the obstacles, and draft text amendments. The issues and options papers can describe case
studies to illustrate different alternative approaches and feasibility. The Consultant will advise County GIS staff on
potential common 'ssues with changes in underlying data used to establish original shoreline jurisdiction, if
applicable, and review County GIS prepared maps as appropriate.
August 4, 2020 Jefferson County j SMP Periodic Review 2
Task 4. Final Draft Shoreline Master Program and
Adoption Process
The Consultant will assist County staff in preparation of a Staff Report and Final Draft SMP and will assist staff in
conducting a public hearing to present the Draft SMP to the Planning Commission. The Consultant will also help
develop a recommendation for adoption by the Board of County Commissioners.
The Consultant will assist in the preparation of SEPA documents/staff reports associated with the updated SMP.
This includes completion of a SEPA checklist and draft determination for County review. The Consultant will peer
review the County's draft staff report addressing SMP amendment criteria and findings.
Cost Estimate
Based on the scope of work,the cost estimate presents an estimate of time by task.
Lisa OrueMr Kevin(Afford Juba Tesch Amy Surmme Total Hours and
ProraU Manage, Planner Analyst Noiopsf EstimMed Cost
2020 Hourly Rate 223 160 120 190 by Task
Task 1.Kickoff and Coordination 4 4 2
Task 2.Pubec Portidpatlon 20 26 26 16
Task 3.Revkw Shoreline Master Program and Drop RevWm 40 10 4 32
Task 4.Final Draft Shoreline Master Program and Adoprbn Proms 16 4 2 B
Subtetel s0 40 36 sill 214
$39,740
so
TOW Is insled Hews t0 40 36 s8 214
Ced(MwrseRate) $1E,000 $6,400 $4,320 $11,020 $",740
Sublet Consutant test $39,740
Project Expanses of—I%of Project Iud1W $160
Estimated Project Total $39,900
V111 August 4,2020 Jefferson County I SMP Periodic Review 3
DocuSign Envelope ID: 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SEASMP-2123-JCDCD-00190
SHORELANDS SHORELINE MASTER PROGRAM AGREEMENT
BETWEEN
THE STATE OF W.ASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY COMMUNITY DEVELOPMENT
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,hereinafter
referred to as"ECOLOGY,"and Jefferson County Community Development, hereinafter referred to as the"RECIPIENT,"
to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: Shoreline Master Program—Periodic Review
Total Cost: $50,000.00
Total Eligible Cost: $50,000.00
Ecology Share: $50,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 07/01/2021
The Expiration Date of this Agreement is no later than: 06/30/2023
Project Type: Periodic Review of the Shoreline Master Program
Project Short Description:
The RECIPIENT will conduct a periodic review of the Shoreline Master Program (SMP)that is developed in a manner
consistent with requirements of the Shoreline Management Act(SMA),RCW 90.58,and its implementing rules, WAC
173-26, including the Shoreline Master Program Guidelines(SMP Guidelines).
Proiect Long Description:
The purpose of the SMP periodic review is (a)To assure that the master program complies with applicable law and
guidelines in effect at the time of the review,and(b)To assure consistency-of the master program with the local
government"comprehensive plan and development regulations adopted under chapter RCW 36.70A, if applicable.
Local governments should also consider amendments needed to address changed circumstances,new information,or
improved data.
DocuSign Envelope ID: 1 E43B3B6-C9F6-4636-953A-4B5EEBCEDBCB
State of Washington Department of Ecology Page 2 of 27
Agreement No: SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
The RECIPIENT will work primarily on technical analyses and substantive content as responsive to ECOLOGY's
September 2022 Initial Determination(ID),in preparation for the local legislative review and approval process,and
subsequent ECOLOGY submittal for state review and final approval.Work will include:review the ID and prepare
questions and/or responses;ongoing coordination with ECOLOGY;briefing with/initial advisory input from SMP Task
Force and County Planning Commission(e.g., I joint meeting); prepare a Revised Draft SMP Amendment,and
Cumulative Impacts Analysis Supplement that reflect ID required and recommend changes and initial advisory input.
This statutorily-mandated periodic review is related to the RECIPIENT's separate SMP User Guide competitive grant
no.SEASMPC-2123-JCDCD-00010.The user guide is a non-mandated companion to the SMP,intended to aid
implementation by interpreting key regulatory provisions including those being revised by the periodic review process.
Beyond the scope of this agreement(Task 5),the Recipient will continue the SMP formal adoption process as stated in
the SMA and WAC 173-26. Work related to these activities and formal adoption by the local governing body is eligible
for reimbursement under this grant,provided it is completed by June 30,2023.The adoption process includes the
activities shown below.
1. Complete SEPA review and documentation
Conduct SEPA review pursuant to the State Environmental Policy Act(RCW 43.21 Q.
2. Provide GMA 60-day notice of intent to adopt
For local governments planning under the Growth Management Act,notify ECOLOGY and the Department of
Commerce of intent to adopt the SMP amendment at least 60days in advance of final local approval,pursuant to RCW
36.70A.106.
3. Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP or Findings of Adequacy,consistent with the
requirements of WAC 173-26-100 or WAC 173-26-104.
4. Prepare a responsiveness summary
Prepare a summary responding to all comments received during the public hearing and the public comment period. The
names and mailing addresses of all interested parties providing comment shall be compiled.
5. Adopt SMP and submit to ECOLOGY
Complete the adoption process for the SMP update under either WAC 173-26-100 or WAC 173-26-104 and submit
the locally-adopted Draft SMP amendment or Findings of Adequacy and Periodic Review Checklist to ECOLOGY
under WAC 173-26-110.
The RECIPIENT will use grant funds to pay for the following tasks:
Task 4 Review Shoreline Master Program and Draft Revisions,If needed.
Task 5 Final Draft SMP or Findings of Adequacy.
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DocuSign Envelope ID: 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
State of Washington Department of Ecology Page 3 of 27
Agreement No SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
The RECIPIENT will pay for the following tasks using their own funds:
Task I Project Oversight:Coordination, Management and Administration.
Task 2 Secure Consultant Services, If Needed.
Task 3 Public Participation.
Overall Goal:
Periodic Review Checklist and final draft SMP amendment or Findings of Adequacy.
Template Version 12/10/2020
DocuSign Envelope ID: 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
State of Washington Department of Ecology Page 4 of 27
Agreement No: SEASMP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
RECIPIENT INFORMATION
Organization Name: Jefferson County Community Development
Federal Tax ID: 91-6001322
Mailing Address: 621 Sheridan Street
Port Townsend,WA 98368
Physical Address: 621 Sheridan Street
Port Townsend,Washington 98368
Organization Email: dcd@co.jefferson.wa.us
jefferson.wa.us
Contacts
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State of Washington Department of Ecology Page 5 of 27
Agreement No SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
Josh Peters
Project Manager Deputy Director
621 Sheridan Street
Port Townsend,Washington 98368
Email: jpeters�,co.jefferson.wa.us
Phone: (360)379-4493
Billing Contact Josh Peters
Deputy Director
621 Sheridan Street
Port Townsend,Washington 98368
Email: jpeters(q,co.jefferson.wa.us
Phone: (360)379-4493
Heidi Love Eisenhour
Authorized County Commissioner
Signatory
615 Sheridan St
Port Townsend, Washington 98368
Email: heisenhourpco.jefferson.wa.us
Phone: (360)385-9444
Template Version 12/10,12020
DocuSign Envelope ID: 1 E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
State of Washington Department of Ecology Page 6 of 27
Agreement No SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Shorelands
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Shorelands
300 Desmond Drive SE
Lacey, WA 98503
Contacts
:Michelle McConnell
Project
Manager
PO Box 47775
Olympia, Washington 98504-7775
Email: micm461(aecy.wa.gov
Phone: (360)701-5262
Layne Slone
Financial Financial Manager
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: lnak46l(0),ecv.wa.gov
Phone: (360)867-8171
Template Version 12/10/2020
DocuSign Envelope ID. 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
State of Washington Department of Ecology Page 7 of 27
Agreement No: SEAS MP-2123-IC DCD-00 190
Prnlect rd1e. Shoreline Master Program-Periodic Review
Rcnp.ml Vamc Jefferson County Community Development
j AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions
of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,
and accepts all requirements contained within this Agreement.
I
This.Agreement contains the entire understanding between the parties,and there are no other understandings or representations
other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staffcontacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved-
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State Jefferson unty Commissioners
Department of Ecology
DocuSlgned by:
By.
JDI�t�tl I`'l(( y 4/3/2023 gy:
Joenne McGerr Date Heidi Eisenhour Date
Shorelands County Commissioner
Program Manager
Template Approved to Form by
Attorney General's Officc
i
Template version 12/102020
DocuSign Envelope ID: 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
Stare of WuMintton Deportment of Ecology Pane 1 of 27
AgmemeotNo SEASMP-2123JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
Greg Brotherton
3/l7 3
i Date
Kau Dean
Approved Telephonically 3�Z7�Z3
Commissioner Dan
Approved
+as to fart only:
O' ` March 23,2023
Philip C.Hunsucker,Chief Civil Deputy Date
Prosecuting Attomey
Templalc Version 12110(2020
DocuSign Envelope ID: 1E43B3B6-C9F6-4636-953A-4B5EEBCED8CB
State of Washington Department of Ecology Page 9 of 27
Agreement No SEA SMP-2123-JCDCD-OC'.90
Project Title Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
SCOPE OF WORK
Task Number: 1 Task Cost: $0.00
Task Title: 1. Project Oversight:Coordination,Management, and Administration
Task Description:
The RECIPIENT will provide necessary project oversight to complete the scope of work in compliance with this ECOLOGY
agreement, which includes project coordination,project management, and project administration.
A.The RECIPIENT will coordinate with ECOLOGY throughout the SMP review process.The RECIPIENT will provide
ECOLOGY opportunities to review draft deliverables at appropriate intervals.ECOLOGY will provide ongoing technical
assistance,and will evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the review process.
B. The RECIPIENT will coordinate with other applicable federal,state and local agencies,neighboring jurisdictions,and
Indian tribes as provided in the Guidelines and SMA procedural rules. In addition,the RECIPIENT will consult with other
appropriate entities which may have useful information if necessary.
C. The RECIPIENT will conduct project management activities including compliance with state statutes and rules,project
scheduling, adherence to the scope of work,timelines,and due dates;request for,and if applicable,conducting the competitive
procurement process including preparation of contractor bidding documents,advertisements,and grant monitoring.
D. The RECIPIENT will submit quarterly progress reports and payment requests (PRPRs)with supporting documentation;
maintain project records;and submit ECOLOGY-approved deliverables by the due dates established between ECOLOGY
and the RECIPIENT.
Task Goal Statement:
Properly manage and fully document the project in accordance with ECOLOGY's grant administration requirements.
Task Expected Outcome:
Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report.
Properly maintained project documentation.
Recipient Task Coordinator: Josh Peters
1. Project Oversight:Coordination,Management,and Administration
Deliverables
Number Description Due Date
1 1 Progress reports are due quarterly.
1.2 Recipient Close Out Report 06/30%2023
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State of Washington Department of Ecology Page 10 of 27
Agreement No SEASMP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
SCOPE OF WORK
Task Number: 2 Task Cost: S0.00
Task Title: 2. Secure Consultant Services,If Needed
Task Description:
If applicable,the RECIPIENT will:
A. Secure qualified consultant services
In accordance with the RECIPIENT or State of Washington procurement procedures,the RECIPIENT will enter into a
contract with the selected consultant(s)and prepare a sub agreement in accordance with the scope of work in this agreement.
Task Goal Statement:
To ensure the RECIPIENT has qualified personnel to conduct the scope of this project.
Task Expected Outcome:
If applicable,signed contract and sub-agreement with consultant(s).
Recipient Task Coordinator: Josh Peters
2.Secure Consultant Services,If Needed
Deliverables
Number Description Due Date
2 1 Final signed consulting contract. Upload to EAGL per the date in the
Deliverable Due Dates form.
22 Update in quarterly progress report.
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State of Washington Department of Ecology Page I 1 of 27
Agreement No SEAS MP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
SCOPE OF WORK
Task Number: 3 Task Cost: $0.00
Task Title: 3. Public Participation
Task Description:
The RECIPIENT will:
A. Develop a Public Participation Plan
Prepare and disseminate a public participation plan to invite and encourage public involvement in the SMP periodic review
consistent with WAC 173-26-090. The public participation plan should include applicable local requirements such as planning
commission review and formal hearings,as well as applicable state notice requirements.
B. Conduct public participation activities
Implement the public participation plan throughout the course of the SMP periodic review process.
Task Goal Statement:
To inform and involve all stakeholders in the SMP periodic review process.
Task Expected Outcome:
Continuous public participation activities throughout the SMP periodic review process.
Recipient Task Coordinator: Josh Peters
3. Public Participation
Deliverables
Number Description Due Date
3 1 Public Participation Plan. Upload to EAGL per the date in the Deliverable Due
Dates form.
Updates of public involvement activities in progress reports.
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State of Washington Department of Ecology Page 12 of 27
Agreement No. SEAS MP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Rec:pient Namc Jefferson County Community Development
SCOPE OF WORK
Task Number: 4 Task Cost: $26,540.00
Task Title: 4. Review Shoreline Master Program and Draft Revisions, If Needed
Task Description:
The RECIPIENT will:
A. Review the SMP to determine if revisions are needed
1. Review amendments to chapter 90.58 RCW and Ecology rules that have occurred since the Shoreline Master Program was
last amended,and determine if local amendments are needed to maintain compliance. Ecology will provide a checklist of
legislative and rule amendments to assist local governments with this review.
2. Review changes to the comprehensive plan and development regulations to determine if the Shoreline Master Program
policies and regulations remain consistent with them. Document the consistency analysis to support proposed changes to the
Shoreline Master Program or Findings of Adequacy.
3. Conduct additional analysis deemed necessary to address changing local circumstances,new information or improved data.
B. Draft revised SMP goals, policies and regulations, or prepare Findings of Adequacy
1. Prepare amended goals and policies or regulations identified through the review process. Use the checklist to identify,where
in the SMP changes are made to address applicable statutory or regulatory changes.
2. Where the review conducted under Task 4A concludes no changes are necessary,prepare draft Findings of Adequacy.
Task Goal Statement:
To review the SMP to determine if changes are necessary,and revise the SMP if changes are deemed necessary.
Task Expected Outcome:
A completed Periodic Review Checklist documenting the initial staff review of the SMP,and either initial draft SMP
amendments or draft Findings of Adequacy.
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Agreement No: SEASMP-2123-JCDCD-00190
Project Title: Shorel inc Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
Recipient Task Coordinator: Josh Peters
4. Review Shoreline Master Program and Draft Revisions,If Needed
Deliverables
Number Description Due Date
4.1 A Periodic Review Checklist documenting consideration of statutory
amendments,and internal consistency review. Upload to EAGL per the date in
the Deliverable Due Dates form.
4 Initial draft SMP amendments or Findings of Adequacy and supporting
documentation. Upload to EAGL per the date in the Deliverable Due Dates
form.
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Agreement No SEASMP-2123-1CDCD-00190
Project Title Shoreline Muter Program—Periodic Review
Recipient Name Jefferson County Community Development
SCOPE OF WORK
Task Number: 5 Task Cost:$23,460.00
Task Title: 5. Final Draft SMP or Findings of Adequacy
Task Description:
The RECIPIENT will:
A. Conduct public review process
Conduct a local public review process for the proposed Shoreline Master Program as provided in the SMA and WAC
173-26. Where amendments to the SMP are proposed they shall contain applicable shoreline goals,policies,or regulations
with copies of any provisions adopted by reference. Where no changes are needed,the local process will include a formal
Findings of Adequacy.
B. Assemble final draft amendment or Findings of Adequacy
Assemble a complete SMP final draft amendment in preparation for review and approval by the local jurisdictional governing
body. Where the review determines that no changes are needed, the Recipient will prepare a formal Findings of Adequacy.
Task Goal Statement:
Complete a Shoreline Master Program final draft amendment or Findings of Adequacy.
Task Expected Outcome:
A Shoreline Master Program final draft amendment or Findings of Adequacy.
Recipient Task Coordinator: Josh Peters
5. Final Draft SMP or Findings of Adequacy
Deliverables
Number Description Due Date
5.1 Updates of public review process activities in progress report.
52 Submit an SMP final draft amendment or Findings of Adequacy,with relevant
supporting documentation and a complete Periodic Review checklist. Upload
to EAGL per the date in the Deliverable Due Dates form.
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Agreement No SEASMP-2123-JCDCD-00190
Protect Title: Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
BUDGET
Funding Distribution EG230299
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: Model Toxics Control Operating Account(M1Funding Type: Grant
Funding Effective Date: 07/012021 Funding Expiration Date: 06/30/2023
Funding Source:
Title: Model Toxics Control Operating Account(MTCOA)
Fund: FD
Type: State
Funding Source%: 100%
Description: Model Toxics Control Operating Account(MTCOA)
Approved Indirect Costs Rate: Approved State Indirect Rate:0%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Model Toxics Control Operating Account(MTCOA) Task Total
1. Project Oversight:Coordination,Management,and S 0.00
Administration
2. Secure Consultant Services, If Needed S 0.00
3. Public Participation S 0.00
4. Reviet.v Shoreline Master Program and Draft Revisions, if S 26,540.00
Needed
5. Final Draft SMP or Findings of Adequacy $ 23,460.00
Total: S 50,000.00
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State of Washington Department of Ecolon Page 16 of 27
Agreement No SEASMP-2123-JCDCD-OC190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name. Jefferson County Community Development
Fundine Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient 'Match % Recipient Share Ecology Share Total
Model Toxics Control Operating 0.00 % $ 0.00 $ 50.000.00 S 50,000.00
Account(MTCOA)
Total S 0.00 S 50,000.00 S 50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Deliverable Due Date Form:
The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager,and the ECOLOGY
Project Manager will enter the information in the Deliverable Due Date EAGL form.The RECIPIENT will keep track of these
due dates,and will note any date changes on the quarterly progress reports.The Deliverable Due Date form can be found on
the Application Menu-Forms page in EAGL.(Note:This form does not automatically print out with the agreement.)
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you.
A CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY
EXCLUSION.
I. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification,they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR teams that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction,debarred,suspended,ineligible, lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
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Agreement No SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT./CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than$30,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements,including the required Unique Entity Identifier in
www sam.gov<hgp://www.s_am.pov/>within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspervding.gov<ht-.//www.usaspending.gov/>.
For more details on FFATA requirements,see www fsrs.gpv <hLtp://www.Srs.vov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system,or as critical technology as part of any system.As described in Public Law 115-232
<hLtps://www.govinfo.izov/conterA/pW LAW 115oub1232/pdf1PLAW-115oub1232 adf>,section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
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Agreement No SEASMP-2123-JCDCD-00190
Project Title- Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
Corporation(or any subsidiary or affiliate of such entities).
Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or
services,including equipment, systems,or services produced or provided by entities identified in section 889,are recorded in
the System for Award Management(SAM)<http§://sam.gov/SAM/>exclusion list.
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Agreement No SEASMP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecolog}
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
(https://fortress.wa.gov/ecy/publications/S ummaryPages/1701004.htm])
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all
subgantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent
modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic
archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed,or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
' For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological
and Cultural Resources.
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Agreement No: SEASMP-2123-JCDCD-00190
Project Title. Shoreline Master Program-Periodic Review
Recipient Name: Jefferson County Community Development
• For projects with any federal involvement,comply With the National Historic Preservation Act of 1966(Section 106).
b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff,volunteers,and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic
Preservation at(360)586-3065, any affected Tribe,and the local government.
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all
affected local,state,or federal jurisdictions,and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https:Hofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration(a-,)ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
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Agreement No SEASMP-2123-1CDCD-00190
Project Title Shoreline Master Program-Periodic Revie%%
Recipient Name Jefferson County Community Development
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and
other reports required by this Agreement.Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
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. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility
in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor
affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services
through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENrs normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days, unless more time is needed,after concluding the review.
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Agreement No. SEASMP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
- Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance(QA)
officer or the Program QA coordinator instructs otherwise.
- Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004
(Ecology Publication No.04-03-030).
- Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM), unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into E1M,find instructions at:
http:i/www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and
processed.Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,when
requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project
described herein,except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
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Agreement No: SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of
Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the
"Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any
online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the
RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
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Agreement No SE.ASMP-2123-JCDCD-00190
Project Title. Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through
September 30, and October I through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project, unless an extension has been approved
by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and
attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease,or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition,purchase,or construction costs of such property.
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Agreement No: SEASMP-2123-JCDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name Jefferson County Community Development
22. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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,and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No: SEASMP-2123-JCDCD-00190
Project Title Shoreline Master Program—Periodic Review
Recipient Name: Jcffcrson County Community Development
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free
products.
For more suggestions visit ECOLOGY's web page,Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/G uidance-techn ical-assistance/S ustainab I e-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of
ECOLOGY,to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. if this
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. 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 the
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in
whole or part,or renegotiate the Agreement,subject to new funding limitations or 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 or 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 RECIPIENT through the
effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no
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Agreement No: SEASMP-2123-1CDCD-00190
Project Title: Shoreline Master Program—Periodic Review
Recipient Name: Jefferson County Community Development
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENTS governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of
Washington is named as an express third parry beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
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DEPARTMENT OF
IMI ECOLOGY
State of Washington
AMENDMENT NO. l
TO AGREEMENT NO.SEASMPC-2123-JCDCD-00010
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
Jefferson County Community Development
PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of
Ecology(ECOLOGY)and Jefferson County Community Development(RECIPIENT)for the Shoreline Master Program User
Guide(PROJECT).
Due to staff turnover and limited staff capacity, Amendment no. 1 is needed to increase grant funding by $3,000.00 in Task
3-SMP User Guide so the RECIPIENT may use grant funds to hire a consultant.The final SMP User Guide deliverable will
also be deleted from the scope of work and deliverables.
1) The Task 3-SMP User Guide budget will increase by$3,000.00, from$13,753.00,to$16,753.00.
2) A new subtask 3A and new deliverable 3.1 will be added for requirements to hire a consultant.
3) The final SMP User Guide will be deleted from the Task 3 scope of work and deliverables.Task 3 will be revised so the
deliverables include an initial and updated drafts of the SMP User Guide.
4) The grant Total Eligible Cost will also increase by $3,000.00,from$25,150.00,to$28,150.00.All other task budgets,
deliverables,and the June 30,2023 expiration date will remain the same.
This project is related to a new Shoreline Master Program—Periodic Review(SMP-PR)grant no.
SEASMP-2123-JCDCD-00190. This SMP User Guide project is a non-mandated companion to the SMP-PR, intended to
aid implementation by interpreting key regulatory provisions including those being revised by the periodic review process.This
SMP User Guide will help clarify and interpret requirements for the Shoreline Master Program.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Total Cost:
Original: 25,150.00 Amended: 28,150.00
Total Eligible Cost:
Original: 25,150.00 Amended: 28,150.00
Project Short Description:
Original:
Jefferson County Department of Community Development(RECIPIENT)will prepare a Shoreline Master Program(SMP)
User Guide.The User Guide will provide the public with a better understanding of shoreline development regulations,minimize
confusion over SMP implementation,clarify permit processes,and lead to complete application submittals and compliance with
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Jefferson County Communitv Development
Shoreline Master Program User Guide Project
Agreement No SEASMPC-2123-JCDCD-00010
SMP requirements.The User Guide will benefit both development and shoreline and environmental protection interests in
Jefferson County.
Amended:
Jefferson County Community Development(RECIPIENT)will prepare a draft Shoreline Master Program(SMP)User Guide,
and complete a final version after the grant expiration date.The User Guide will provide the public with a better understanding
of shoreline development regulations,minimize confusion over SMP implementation,clarify permit processes,and complete
application submittals and better project compliance with SMP requirements.
Project Long Description:
Amended:
This SMP User Guide will focus on explaining/interpreting regulatory requirements. The SMP User Guide will also address any
SMP provisions that encourage property owners to voluntarily protect,restore,or exceed minimum standards.As a result,this
will increase SMP compliance and implementation,and increased compliance will help prevent uncoordinated and piecemeal
development of the state's shorelines and help to assure no net loss of shoreline ecological functions.
The RECIPIENT will prepare a draft SMP User Guide that explains some of the commonly used and complex SMP provisions
in a way that is easier for the general public to understand.After this grant expires and paid with their own funds,the
RECIPIENT will complete a final SMP User Guide to share with the public.The document will include illustrations,diagrams,
and flowcharts that can be used by shoreline property owners,potential purchasers of shoreline properties,real estate agents,
and professionals working on development applications within shoreline jurisdiction(e.g.,contractors,septic designers,
architects,consultants). Early public outreach and consultation will result in a user-friendly document that(1)increases
understanding of shoreline development regulations and(2)minimizes confusion over SMP implementation and permit
processes.
The new SMP User Guide will:
• Provide a brief overview of the Shoreline Management Act and the purpose of the county SMP.
• Identify types of shorelines regulated under the SMP and the extent of shoreline jurisdiction.
•Address shoreline permitting processes and exemptions.
•Address how shoreline environmental designations are used for regulatory review purposes.
• Review no net loss and mitigation sequencing requirements.
• Describe link between the SMP and the critical areas ordinance.
•Clarify shoreline buffer and building setback requirements.
• Clarify when and how nonconforming provisions may be used.
• Describe activities that may be allowed in shoreline buffers(e.g.,unpaved trails,tree limbing).
• Present activities that are prohibited in the SMP.
• Provide overview of natural shoreline functions and processes.
• Present options for maintaining or enhancing natural shoreline functions and processes.
• Identify how SMP protection standards are intended to maintain environmental conditions.
• Other relevant topics may be determined during preparation of the document.
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Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No SEAS MPC-2123-JCDCD-00010
Overall Goal:
The goal is to create a draft SMP User Guide that clarifies and interprets SMP requirements for common types of shoreline use
and development projects,streamlines implementation of the SMP by improving application submittals,and describes why
effective shoreline management matters in a way that is relatable and understandable to the general public.
CHANGES TO THE BUDGET
Funding Distribution EG220553
Funding Title: Model Toxics Control Operating Account(MTCOA)
Funding Type: Grant
Funding Effective Date: 01/01/2022 Funding Expiration Date: 06/30/2023
Funding Source:
Title: Model Toxics Control Operating Account(MTCOA)
Fund: FD
Type: State
Funding Source%: 100%
Description: Model Toxics Control Operating Account(MTCOA)
Approved Indirect Costs Rate: Approved State Indirect:23.34%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Model Toxics Control Operating Account(MTCOA) Task Total
1. Project Administration/Management $ 2,601.00
2. Stakeholder Outreach $ 8,796.00
3. SMP User Guide $ 16,753.00
Total: $ 28,150.00
CHANGES TO SCOPE OF WORK
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Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No.SEASMPC-2123-JCDCD-00010
Task Number: 3 Task Cost: $16,753.00
Task Title: 3.SMP User Guide
Task Description:
The RECIPIENT will search previously prepared User Guides for concepts that would be appropriate for inclusion,then
organize content and revise the text,and finally create a draft version of the SMP User Guide.The User Guide will include
graphics to illustrate requirements,options,and scenarios.After the June 30,2023 grant expiration date, the RECIPIENT will
prepare a final version of the User Guide in coordination with the RECIPIENT's associated SMP Periodic Review that will be
finalized,and approved by ECOLOGY.
The RECIPIENT will create the annotated outline,draft text,pamphlet template and initial draft version of the SMP User
Guide.
A. The RECIPIENT will hire a consultant to complete a draft SMP User Guide.Services will be secured in accordance with
the RECIPIENT or State of Washington procurement procedures.The RECIPIENT will upload a copy of the signed contract
in EAGL,and notify the ECOLOGY Project Manager.
B. The RECIPIENT will be responsible for producing an initial draft of the SMP User Guide,including an annotated outline,
draft text,and pamphlet template.The process for creating the User Guide will include:
1. A search of previously prepared User Guides for concepts that would be appropriate for inclusion.
2. Solicited feedback and comments from RECIPIENT staff and managers,and ECOLOGY.
3. Graphics that enhance and complement the text and increase user accessibility.
4. An annotated outline,draft text,and pamphlet template and a draft version of the User Guide submitted to ECOLOGY by
uploading a copy in EAGL.
C. The RECIPIENT will submit an updated draft of the SMP User Guide,incorporating ECOLOGY's comments and any
collected feedback.
D. For any publications and education or outreach materials the RECIPIENT will follow ECOLOGY'S requirements in the
following sections of the Agreement General Terms and Conditions:3.ACCESSIBILITY REQUIREMENTS FOR
COVERED TECHNOLOGY;and 19.PRESENTATION AND PROMOTIONAL MATERIALS.For more information,see
in the Agreement General Terms and Conditions.
For communications and materials,the RECIPIENT will acknowledge that funding was provided by ECOLOGY.The
ECOLOGY Project Manager can provide a copy of ECOLOGY'S logo.
The RECIPIENT will provide a copy of the annotated outline and draft text to the Ecology Project Manager for review and
comment prior to the June 30th grant deadline. The RECIPIENT will submit a draft User Guide by the grant deadline.
Task Goal Statement:
Create a draft SMP User Guide that focuses on explain inglinterpreting regulatory requirements,with input from stakeholders
and RECIPIENT staff.The draft SMP User Guide will also address any SMP provisions that encourage property owners to
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Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No.SEASMPC-2123-JCDCD-00010
voluntarily protect,restore,or exceed minimum standards.As a result,this will increase SMP compliance and implementation,
and increased compliance will help prevent uncoordinated and piecemeal development of the state's shorelines and help to
assure no net loss of shoreline ecological functions.
Task Expected Outcome:
Increase public understanding and encourage shoreline property owners to voluntarily take steps to better protect and enhance
shoreline buffers on their property.The future,final version of the SMP User Guide will enable local professionals to provide
better guidance to potential shoreline applicants and minimize confusion over SMP implementation and permitting processes.
Recipient Task Coordinator: Donna Frostholm
Deliverables
Number Description Due Date
3.1 Copy of signed consultant contract. Upload to EAGL and notify
ECOLOGY Project Manager.
3.2 Initial draft SMP User Guide.Upload to EAGL and notify ECOLOGY
Pro'ect Manager.
3.3 Updated draft SMP User Guide,including ECOLOGY's comments.
Upload to EAGL and noti ECOLOGY Project Manager.
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Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No.SEASMPC-2123-JCDCD-00010
Fundine Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
Model Toxics Control Operating 0 % S 0.00 $ 28,150.00 $ 28,150.00
Account(MTCOA)
Total S 0.00 $ 28,150.00 $ 28,150.00
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Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No SEASMPC-2123-JCDCD-00010
AUTHORIZING SIGNATURES
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as
expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective
organizations to this Amendment.
This amendment will be effective 03/14/2023.
IN WITNESS WHEREOF:the parties hereto,having read this Amendment in its entirety,including all attachments,do agree in
each and every particular and have thus set their hands hereunto.
Washington State Jefferson County
Department of Ecology
C
DoeuSigned by:am. ktC-,#,W 4/3/2023 p 1 31L7 /
By. 131D8581CAF8418
Joenne McGerr Date Heidi Eisenhour Date
Shorelands County Commissioner
Program Manager
Greg on
32-712
mm ssioner Date
Kate Dean
Approved Telephonically 3/2- 2-3
Commissioner Date
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State of Washington Department of Ecology Page a or S
Jefferson County Community Development
Shoreline Master Program User Guide Project
Agreement No.SEASMPC-2123-JCDCD-00010
Approved as to form only:
C r��
March 22, 2023
Philip C.Hunsucker,Chief Civil Deputy Date
Prosecuting Attorney
Template Approved to Form by
Attorney General's Office
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