HomeMy WebLinkAboutRFP_consultant services_Final_Reissue_June 9 2023DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
Jefferson County Request for Proposals
For Planning, Environmental, and Water Quality Services
For the Years 2023-2028
Issued June 9, 2023
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TABLE OF CONTENTS
Section Description Page
1. Introduction ……………………………………………………....3
2. Background ………………………………………………….…...4
3. Scope of Services …………………………………………………...4
A. Planning Services,
B. Long-Range Planning
C. Site Development Review,
D. Subdivisions,
E. Current Planning,
F. Water Quality.
4. Proposal Requirements…………………………………….…….….6
5. Fees and Expenses………………………………………….….……7
6. Proposal Documents……………………………………….…….….7
7. Communications about the RFQ…………………………………....8
8. Selection Process……………………………………………….…...8
9. Evaluation Criteria………………………………………………..…8
10. Public Records Act………………………………………………….8
11. Release of Reports and Information…………………………...…....9
12. Contract Documents ………………………………………………..9
13. Terms and Conditions…………………………………………….…9
14. Professional Services Agreement…………………………………...11
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1. Introduction
Jefferson County, Washington (herein referred to as “County”) is requesting proposals for on-call
planning services as summarized below and explained more fully in the scope of services outlined in
section four (4). The Request for Proposals (“RFP”) is intended to supplement the Department of
Community Development’s planning and permitting services and the Department of Environmental Public
Health’s Water Quality Division.
In 2020, the County’s permit volume reached an all-time high exceeded only by 2021. In 2022, permit
volumes decreased to the third highest annual permit level documented. Additionally, the County also
implemented a new site development review process and migrated to a new permit database in 2022. This
new database developed by Tyler Technologies and named Enterprise Permitting and Licensing Software
(formerly called Energov) replaces the County’s legacy software, Tidemark, which the county has used
since the 1990s. Due to these combined factors, permittee wait times increased throughout the 2021/2022
years and began to exceed community expectations. Consequently, Jefferson County decided to augment
county staffing with one or more professional services contracts to meet the level of customer service
expected by the Board of County Commissioners and community. Proposals must be submitted by a
qualified firm or team of consultants as set forth in section four (4). Bidder, Consultant and Proposer are
used interchangeably and refer to the qualified firm or team of consultants responding to this RFP.
A brief description of the services sought, among others, are outlined below.
(1) Long-Range Planning. Conducting public outreach, and processing of amendments to the
Jefferson County Code (JCC) in one or more areas, as more fully set forth in the attached agenda
request.
(2) Site Development Review. Review applications for consistency with JCC Chapter 18.12 – Legal
Lot of Record Determination and Lot Consolidation process – and JCC Chapter 18.40, Article VII
– Site Development Review Process.
(3) Subdivisions. Provide current planning review services to implement the provisions of JCC
Chapter 18.35 – Land Divisions and ensure consistency with Chapter 58.17 RCW, Plats –
Subdivisions – Dedications.
(4) Type II and Type III permits. Implement Local Project Review pursuant to Chapter 36.70B RCW
for conditional uses, subject to criteria, public notice, written public comment and, at the discretion
of the administrator, a public hearing procedure, if warranted, based on the project’s potential
impacts, size or complexity, according to criteria in JCC 18.40.520; see Article VIII of
Chapter 18.40 JCC.
(5) State Environmental Policy Act (SEPA). Analyze projects to reduce, minimize, eliminate and/or
mitigate project impacts.
(6) Water Quality. Supplement Water Quality Division staff functions in monitoring and responding
to threats to water quality for protection of human health and wildlife habitat through, among other
approaches, the county pollution identification and correction program and environmental
monitoring associated with a new 890-unit development known as Pleasant Harbor Master Planned
Resort. Specific services include review of monitoring reports and data and best practices related
to the Master Planned Resort development.
For items one through five, the County’s consultant (“Consultant”) will work under the direction of the
Community Development Director, Deputy Director, or other specified staff as assigned. For item six, the
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consultant will work under the direction of the Environmental Health Director or the Water Quality
Division Manager or other designated staff. The Consultant will provide a range of expertise necessary to
carry out the normal functions of a professional planner or environmental subject matter expert. All
services provided by the Consultant shall be performed by individuals who meet the qualifications,
education, and certifications/licensing requirements for professional or environmental planning.
2. Background
Jefferson County, Washington is located on the Olympic Peninsula. According to the 2020 US Census
the County has approximately 33,000 inhabitants. The County seat and only incorporated city, Port
Townsend, is in between the cities of Seattle, Washington, USA and Victoria, British Columbia, Canada.
Jefferson County consists of three primary landforms including: 1) East Jefferson County which abuts the
Strait of Juan de Fuca, Admiralty Inlet, and a natural fjord known as the Hood Canal; 2) central Jefferson
County, an uninhabited area that lies within the Olympic National Park, Forest and Mountains and is a
United Nations Education and Scientific Organization (UNESCO) World Heritage site; and 3) western
Jefferson County which abuts the Pacific Ocean and is sparsely populated. Western Jefferson County is
home to all or part of two federally recognized Tribes, the Hoh (Chalá·at: People of the Hoh River) and
the Quinault Indian Nation. The County’s waters, from Port Townsend Bay and Hood Canal to the Pacific
Ocean and the Strait of Juan de Fuca, contain many of the usual and accustomed fishing sites where
members of many other Tribes secured rights, as set forth by Stevens Treaties, which states: "The right
of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in
common with the citizens of the territory…together with the privilege of hunting, gathering roots and
berries, and pasturing their horses on open and unclaimed lands."
Jefferson County is governed by a Board of County Commissioners (“Board”) consisting of three elected
Commissioners, each representing a district. Yearly, the Board elects one of its members as Chairperson.
Jefferson County Environmental Public Health is governed by Jefferson County Board of Health
consisting of the Board of Commissioners and other members. Other County elected officials include the
Treasurer, Auditor, Assessor, Prosecutor, County Clerk, District Judge, Superior Court Judge and Sheriff.
To ensure efficient and effective hearing and appeal procedures, the Board officially enacted legislation
that delegates authority on a range of land use and non-land use decisions to a Jefferson County Hearing
Examiner whose decisions are appealable, in many instances, to the Superior County. The regulations
governing the Hearing Examiner are codified in Chapter 2.30 of the Jefferson County Code (JCC) and are
accompanied by a stand-alone document, the Rules of Procedures, which prescribe the conduct and
procedures of hearings, including evidentiary standards, departmental reports, discovery, motions, and
post decision procedures.
3. Scope of Services
In general, the successful individual or firm is expected to provide on-call services for project entitlements,
or supplement department staffing in one or more of the areas listed below. In your submittal, please
identify if you are applying to support on-call planning services or water quality services or both.
Competencies are sought in any of the topics listed below.
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3.1 On-call Planning Services
(1) Planning Services,
a. Long-Range Planning,
b. Site Development Review,
c. Subdivisions,
d. Type II and Type III permits,
e. State Environmental Policy Act
(2) Develops and maintains good working relationships with other County departments,
other jurisdictions, and the public.
(3) Analyze projects for compliance with the County’s Comprehensive Plan and Jefferson
County Code. Primary responsibilities are to implement Local Project Review
pursuant to Chapter 36.70B RCW for Type III, and Type II projects subject to a
hearing before the Hearing Examiner; provisions of Chapter 18.12 – Legal Lot of
Record Determination and Lot Consolidation, Chapter 18.35 – Land Divisions.
Consultant may be tasked to implement some high-profile Long-Range Planning
Projects.
(4) Compiles and analyzes data on economic, social, environmental, and physical factors
affecting land use including fulfilment of the requirements of the State Environmental
Policy Act (SEPA).
(5) Meets with developers, engineers, property owners, contractors and other individuals
to discuss, advise, explain processes and suggest improvements regarding potential
projects, pre-applications, development applications, feasibility analysis, conceptual
development plans and code interpretation.
(6) Ability to write Planning Commission and County staff reports, resolutions,
ordinances, conditions of approval, and give oral presentations.
(7) Attend public hearings and community meetings as necessary.
(8) Analyze projects for SEPA compliance.
(9) Ability to review projects and provide comments within timelines specified by the
Local Project Review Act, RCW 36.70B.070 – Project permit applications –
Determination of completeness – Notice to applicant, as codified in the Jefferson
County Code in 18.40.110.
(10) Provide strong emphasis on the management of multiple projects and competing
priorities while maintaining quality, meeting schedules and staying within budget.
(11) Database entries of actions using Tyler Technologies’ Enterprise Permitting and
Licensing Software (formerly known as EnerGov), the County permit management
software.
3.2 On Call Water Quality Services
(1) Environmental Monitoring. Consultant may be required to review monitoring plans and
reports, including and not limited to:
a. Reviewing the plan and analyzing if it meets the criteria set forth in the
Development Agreement Section N
See Appendix N of Development Agreement
https://test.co.jefferson.wa.us/weblinkexternal/0/edoc/1899761/Jeff%20Co_PH%
20final%20signed%20documents_10.18.18.pdf)
b. Reviewing and interpreting water quality data
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c. Providing any recommendations regarding sufficiency;
d. Developer’s ‘best management practices;’ and
e. Be available for ongoing consultation for the life of the project
(2) Perform water quality monitoring studies that serve the county’s mission;
(3) Third-party review of hydrogeological studies and methodologies, including inspection
of testing, monitoring or chemical sensitivity equipment.
(4) Provide strong emphasis on the management of multiple projects and competing
priorities while maintaining quality, meeting schedules and staying within budget.
(5) Database entries of actions using the Department of Ecology’s Environmental
Information Management database (EIM), and the county’s Tyler Technologies’
Enterprise Permitting and Licensing Software (formerly known as EnerGov).
4. PROPOSAL REQUIREMENTS
The proposal shall clearly address all information requested herein. To achieve a uniform review
process and obtain the maximum degree of comparability, proposals must be organized and contain all
information as specified below:
A. Cover Letter. Maximum of two pages serving as an executive summary which shall include an
understanding of the scope of services.
B. Brief Company Profile. General company information including number of employees,
location of company headquarters and branch offices, number of years in business and organization,
disciplines, and staffing. Describe the general qualifications of the firm as they
relate to the work proposed with this RFP.
C. Organization and Staffing. Provide a list of the Consultant’s employees and agents which the
consultant anticipates assigning to this project. This list shall include a summary of the
qualifications, licenses, and experience of each individual, and the professional environmental or planning
level of work to be performed by each individual. The County will retain under its agreement with the
successful Consultant the right of approval of all person(s) performing under the agreement.
D. Description and Approach. The proposal should demonstrate the Consultant’s knowledge of
the needs and objective of the work proposed under this RFP.
Describe any special resources the project team may bring to the Project. Such resources and
experience may include items such as special computerized drafting systems, specific recent
experience working on related projects, and recent experience in the County and/or
other similarly sized jurisdictions. Elaborate on why the project team stands above the
competition.
E. Subcontractors. The bidder must provide for each subcontractor of the bidder, the scope of
services to be provided by such subcontractor and a Statement of Qualifications, as outlined
above, for such subcontractor.
F. Cost Proposal. The cost proposal shall include the hourly rate for services. Include any sub-
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consultant’s fee schedule, if applicable. This should include hourly billable costs of each team member;
Senior Planner, Associate Planner, Biologists, Hydrologist, Hydrogeologists, Environmental Engineers,
etc. The Proposer should also identify how best to address any difference between the County’s adopted
fees schedule and the charges for services rendered under this contract.
G. Resume, Relevant Projects/Services with References. Provide resumes of the
individuals(s) from the Proposer’s firm or entity that will be directly responsible for carrying out
the contract, three references to include name, address, contact person and phone number of
the municipality/company, length of time services were provided, and a description of the
services provided.
H. Conflicts of Interest: The Consultant must not have a conflict of interest with regard to any
other work performed by the firm for the County.
I. Anticipated Potential Problems. The proposal should identify and describe any anticipated
potential problems, the bidder's approach to resolving these problems and any special assistance that will
be requested from the County.
5. FEES AND EXPENSES
(a) The County will consider an hourly fee, a task-based fee or a flat-fee Proposal, or any
combination thereof. The contract to the successful bidder, however, will contain agreed-upon
maximum limit(s). Thus, each bidder is invited to provide a reasonable estimate of the maximum fee.
(b) County will agree to reimburse Consultant for its direct, reasonable and necessary expenses
incurred on the project, including but not limited to the following:
(i) Expense of reproductions, postage and handling of Drawings, Specifications and other
documents, excluding reproductions for office use of Contractor;
(ii) Expense of renderings, models and mock-ups; and
(iii) Other items authorized by writing and in advance by Community Development Director,
Environmental Public Health Director, Water Quality Manager or other staff as assigned
(c) All expenses in excess of $750.00 per month must be approved in advance.
6. PROPOSAL DOCUMENTS
Four (4) hardcopies and one (1) digital pdf copy of the proposal documents must be submitted no later
than 12:00 noon, Friday, June 23, 2023 to the Chief Strategy Officer, Department of Community
Development. Proposals must be titled “RFP On-Call Services, Attn: Chief Strategy Officer, Community
Development Department.” No postmarks will be accepted.
Incomplete proposals and proposals not organized according to this RFP may be rejected. A faxed or
emailed proposal will not be accepted.
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7. COMMUNICATIONS ABOUT THE RFP
Telephone communications with county staff about the RFP are not permitted, however; any questions
may be submitted electronically to the person listed below. County staff will post responses to the website.
Brent A. Butler, Chief Strategy Officer
Jefferson County
621 Sheridan Street, Port Townsend, WA 98368
Email: bbutler@co.jefferson.wa.us
8. SELECTION PROCESS
(a) The Proposals will be reviewed by an evaluation committee to determine which Consultants will
be included in a final interview process. All firms submitting proposal will be notified in writing as to
whether they are or are not selected to be interviewed. The committee will then conduct an interview
with those Consultants and will rank the interviewees based on their submitted materials and
performance.
(b) The evaluation committee will make determination of the firms to be included on the list of
consultants, based upon the highest relative scores.
(c) The evaluation committee will consist of at least two members who have technical expertise in
relevant fields or who are involved in project review at various managerial levels.
(d) The identity of members of the committee will be confidential until the interviews are held.
9. EVALUATION CRITERIA
The determination whether a Proposer is pre-qualified will be based on a combination of factors as
determined to be in the best interests of the County, which include, but are not limited to the following
factors:
(a) Ability of the bidder to best perform the work, as measured by qualifications, past performance,
knowledge of and experience with local, state and federal standards, regulations, guidelines,
criteria and laws;
(b) The bidder's responsiveness to this Request for Proposals;
(c) Quality of Proposal, including but not limited to the Bidder’s planned approach to the project;
(d) Interview Presentation, e.g., whether the presentation is concise, relevant and informative.
10. PUBLIC RECORDS ACT
Each bidder should be aware that although the Washington Public Records Act, Chapter 42.56 RCW,
recognizes that certain confidential trade secret information may be protected from disclosure, the County
may not be in a position to establish that the Proposal which the candidate submits is a trade secret. If a
request is made for any information marked "confidential" by a bidder, the County will provide the
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candidate who submitted such information with reasonable notice to allow the candidate to seek protection
from disclosure by a court of competent jurisdiction.
11. RELEASE OF REPORTS AND INFORMATION
Any reports, information, data, or other material given to, prepared by or assembled by the bidder as
part of the work or services under these specifications shall be the property of the County and shall not
be made available to any individual or organization by the bidder without the prior written approval of
the Town.
12. CONTRACT DOCUMENTS
The successful Consultant will be expected to execute a Professional Services Agreement that
contains the terms and conditions set forth in the form contract that is attached hereto as Exhibit A.
The Consultant is reminded that any proposed change to the form contract will be considered in
determining the firm’s suitability for inclusion in the interview process.
13. TERMS AND CONDITIONS
(a) Proposal Costs. This request for proposals does not commit the County to pay for any costs
incurred in the submission of a response or make any necessary studies or designs for the
preparation thereof nor the purchase or contract for services in connection with the preparation of
a submission. All costs in preparing and submitting a proposal shall be borne by the person
making the proposal.
(b) Withdrawal. A bidder may withdraw a proposal without prejudice prior to the time specified for
opening by submitting a written request to the Town Manager for its withdrawal, in which event,
the proposal will be returned to the bidder unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be
considered.
(c) Retention and Use of Proposals. The County reserves the right to retain all proposals and use any
idea in any proposal regardless of whether that proposal is selected. The County also reserves the
right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject
or delete one part of a proposal and to accept others, except to the extent that proposals are qualified
by specific limitations, and to make an award as the interest of the County may require.
(d) Agreement. The County reserves the right to negotiate any and all terms of an agreement including
length, scope of services and compensation.
(e) Awarding Authority. An agreement with the Contractor shall not be binding unless and until it is
approved and executed by the County either through the County Administrator or the Board of
County Commissioners.
(f) Competency and Responsibility. The County reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely
manner, any and all information that the County deems necessary to make such decision.
(g) No Award. The County may, for any reason, not award an agreement as a result of this RFP.
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(h) Execution of Contract. The bidder to whom award is made will be expected to execute a written
contract with the County within twenty (20) calendar days after notice of the award has been
mailed to the address given in the proposal. The substance of the contract will include the terms
of this Request for Proposals and the form will be mutually acceptable to both parties.
Jefferson County Request for Proposals Page 11 6/9/2023
Exhibit A- Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT FOR
____________________________
THIS PROFESIONAL SERVICES AGREEMENT (“this Agreement”) is entered into between the County of Jefferson, a
municipal corporation (“the County”), and _________________________________________ (“the Contractor”),
in consideration of the mutual benefits, terms, and conditions specified below.
1. Project Designation. The Contractor is retained by the County to perform the following Project:
_______________________________________________________________
_______________________________________________________________________
_______________________________________________________________________.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit “A” attached hereto
including the provision of all labor.
3. Time for Performance. This Agreement shall commence on and continue through
. Work performed consistent with this Agreement during its term, put prior to the
adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this
Agreement as outlined on Exhibit “A”. Time is of the essence in the performance of this Agreement.
4. Payment. The Contractor 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 Contractor shall be made as provided on Exhibit “B” attached
hereto, provided that the total amount of payment to Contractor shall not exceed $___________
without express written modification of the Agreement signed by the County.
b. Invoices must be submitted by the 10th of the month for the previous month’s expenses. Such
invoices will be checked by the County, and upon approval thereof, payment will be made to the
Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to
Exhibit B of the Agreement may result in a denial of reimbursement. Invoices not submitted
within 60 days may be denied.
c. Final payment of any balance due the Contractor of the total contract price earned will be made
promptly upon its ascertainment and verification by the County after the completion of the work
and submittal of reports under this Agreement and its acceptance by the County.
d. The Contractor’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 six (6) years after final
payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings,
specifications, and other materials produced by the Contractor 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 Contractor shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information, reference and use in connection with Contractor’s endeavors.
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Contractor shall not be held liable for reuse of documents or modifications thereof, including electronic
data, by County or its representatives for any purpose other than the intent of this Agreement.
6. Compliance with laws. Contractor 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. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit the
most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of all records,
statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring process, the
County shall notify Contractor within ten (10) days. County and Contractor shall meet to discuss
areas of contention in an attempt to resolve issues.
c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit
Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing
standards and with Federal Standards for Audit of Governmental Organizations, Programs,
Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable.
8. Indemnification. Contractor 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 Contractor’s own
employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor.
Contractor shall be liable only to the extent of Contractor’s proportional negligence. The Contractor
specifically assumes potential liability for actions brought against the County by Contractor's employees,
including all other persons engaged in the performance of any work or service required of the Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor
specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor
recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and
was subject of mutual negotiation.
9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the
following insurance coverage specified below and shall keep such coverage in force during the terms of
the Agreement.
a. 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 Contractor’s performance of this
Agreement. This insurance shall indicate on the certificate of insurance the following coverage:
(a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit of one million
dollars ($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
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coverage shall contain no limitations on the scope of the protection provided and include the
following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability – including coverage for products and
completed operations;
iv. Premises – Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. The County shall be named as an “additional named insured” under all insurance policies required
by this Agreement, except Professional Liability Insurance when not allowed by the insurer.
d. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of
Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
e. The Contractor shall furnish the County with properly executed certificates of insurance that, at a
minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)
The certificate holder as Jefferson County, Washington and its elected officials, officers, and
employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port
Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or
allowed to expire except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an “additional insured” to a policy obtained by
the Contractor 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 Contractor to obtain the full text of that
endorsement and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this Agreement.
f. Failure of the Contractor to take out or maintain any required insurance shall not relieve the
Contractor from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification of the
County.
g. The Contractor’s 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, with the exception of Professional Liability Insurance, so affected shall
protect both parties and be primary coverage for all losses covered by the above described
insurance.
h. 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.
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i. All deductibles in the above described insurance policies shall be assumed by and be at the sole
risk of the Contractor.
j. Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of this Agreement by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
k. Insurance companies issuing the Contractor’s insurance 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 insurance policy.
l. Any judgments for which the County may be liable, in excess of insured amounts required by this
Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the
Contractor until the Contractor shall furnish additional security covering such judgment as may
be determined by the County.
m. 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
Contractor must provide in order to comply with this Agreement.
n. The County may, upon the Contractor’s failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Contractor.
o. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect
to any insurance or self-insurance programs covering the County, its elected and appointed
officers, officials, employees, and agents.
p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage
provided to the County, its officers, officials, employees, or agents.
q. The Contractor’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer’s liability.
r. The Contractor 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 the requirements stated herein.
s. The insurance limits mandated for any insurance coverage required by this Agreement are not
intended to be an indication of exposure nor are they limitations on indemnification.
t. The Contractor shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and endorsements
expiring before completion of services shall be promptly replaced. All the insurance policies
required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension,
reduction or material change in the policy, notice of same shall be given to the Jefferson County
Risk Manager by registered mail, return receipt requested.
Jefferson County Request for Proposals Page 15 6/9/2023
u. The Contractor shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the exception that
excess and umbrella coverage used to meet the requirements for limits of liability or gaps in
coverage need not be placed with insurers or re-insurers licensed in the State of Washington.
v. The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
10. Worker’s Compensation (Industrial Insurance).
a. If and only if the Contractor 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 Contractor, the Contractor 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 Contractor 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 Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically
has the right to direct and control Contractor’s own activities, and the activities of its subcontractors,
employees, agents, and representatives, in providing the agreed services in accordance with the
specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties. Neither Contractor nor any employee of
Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided
under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay;
medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to
Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor.
12. Subcontracting Requirements.
a. The Contractor 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 Contractor assumes
Jefferson County Request for Proposals Page 16 6/9/2023
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 Contractor
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 Contractor 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 Contractor’s performance required by this Agreement.
13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure
this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this Agreement. For breach
or violation of this warranty, the County shall have the right to annul this Agreement 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.
14. Discrimination Prohibited. The Contractor, 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, gender, sexual
orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
15. No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the County. Assignment does not include printing or other
customary reimbursable expenses that may be provided in an agreement.
16. 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.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Contractor.
b. In the event of the death of a member, partner, or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor 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 Contractor and the County, if the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part, with 10 days’ notice,
in the event that expected or actual funding from any funding source is withdrawn, reduced, or
limited in any way after the effective date of this agreement. In the event of termination under
this clause, the County shall be liable for only payment for services rendered prior to the effective
date of termination.
Jefferson County Request for Proposals Page 17 6/9/2023
18. Notices. All notices or other communications which any party desires or is required to give shall be
given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or
mailed by depositing in the United States mail, prepaid to the party at the address listed below or such
other address as a party may designate in writing from time to time. Notices to the County shall be sent
to the following address:
Jefferson County Risk Management
P.O. Box 1220
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
_____________________________________
_____________________________________
_____________________________________
19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and
integrated Agreement between the County and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. No representation or promise not expressly contained
in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this
Agreement. The Contractor ratifies and adopts all statements, representations, warranties, covenants,
and agreements contained in its proposal, and the supporting material submitted by the Contractor,
accepts this Agreement and agrees to all of the terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by
both County and Contractor.
21. 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 Contractor hereby consents
to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County.
22. 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.
23. 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.
Jefferson County Request for Proposals Page 18 6/9/2023
24. 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.
25. 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.
26. 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.
27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement
without the express written consent of the County.
28. 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.
29. 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.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have
the same force and effect as original signatures.
31. 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.
32. Public Records Act. Notwithstanding the 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 hereafter be
amended, the Contractor 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 Contractor further agrees that upon receipt of any written public record request, Contractor shall,
within two business days, notify the County by providing a copy of the request per the notice provisions
of this Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Jefferson County Request for Proposals Page 19 6/9/2023
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By: __________________________________
Greg Brotherton, Chair Date
By: __________________________________
Kate Dean, Commissioner Date
By: __________________________________
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
_______________________________________
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
________________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
CONTRACTOR
By: ____________________________
Signature
Name: _________________________
Title: __________________________
Date: __________________________