HomeMy WebLinkAboutCONSENT EH Conservation Dist Amend 1 615 Sheridan Street
Port Townsend, WA 98368
�1TeWn www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Michael Dawson, Water Quality Manager
DATE: MAY .27 ZOZS
SUBJECT: Agenda item — Amendment to Jefferson County Conservation District
Professional Services Agreement; March 1, 2023 — November 30, 2026
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), Water Quality Division, requests Board approval of the amended
agreement for Jefferson County Conservation District Professional Services; March 1, 2023 — November
30, 2026.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
The Jefferson County Conservation District (JCCD) was retained to perform water quality monitoring
activities, agricultural best management planning, and public outreach in the Chimacum and Port Hadlock
areas as part of the Chimacum-Hadlock Pollution Identification and Correction (PIC) Project in an agreement
dated June 12, 2023. JCCD has identified a need to adjust allocation of funds between tasks due to additional
staff hours needed to complete Task 5 — Chimacum Watershed Management & Restoration Plan, and lower
than anticipated hours needed in Tasks 1 through 3 (Grant and Loan Administration, Water Quality
Monitoring, and PIC). No changes were made to Task 4 Education and Outreach.
In addition, due to delays from the Washington Department of Ecology, JCPH obtained a one-year extension
of the project through December 31, 2026 (Holbrook email, 4/15/2024, attached). Therefore, the new
deadline for JCCD participation has been moved back a year to November 30, 2026, and deliverable deadlines
for Tasks 2.3, 2.4 and 4.1 have been adjusted to reflect that change.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This amendment would decrease funds in Tasks 1 through 3, and increase funds in Task 5, for a net increase
of $4,009 in total project cost as shown in Exhibit B of the amendment. This increase in total project cost is
almost completely covered by contingency funds that the county had budgeted in the 2023 project
agreement between Ecology and JCPH, but exceeds the total cost in Task 5 by $275. This $275 overage is
well within the allowed 10 percent change to the Ecology grant for informal budget amendments, and the
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
wQ-23-033-A l
changes have been approved by Ecology (Moscoso and Holbrook emails, 1/2/2025, attached). JCPH will
reduce the Task 2 Water Quality Monitoring budget by $275 to keep the total project cost the same.
Therefore, the amendment will result in no impact to county funds.
RECOMMENDATION:
JCPH management requests approval of the amended agreement for Jefferson County Conservation District
Professional Services; March 1, 2023 — November 30, 2026.
REVIEWED BY:
Mark McCauley, CoLvty Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
Always working for a safer and healthier community
From: Moscoso.Carson(ECY)
To: Holbrook.Chanele(ECY); Michael Dawson
Cc: Sullivan.Lawrence(ECY);Casey.Travis(ECY)
Subject: RE:Chi macum-Hadlock PIC budget
Date: Thursday,January 2,2025 8:50:25 AM
Attachments: imaoe001.ono
AI.I:KT: 131. ('At HOUS This email originated outside i
attachments or click on links if you are not expecting the
Hey all,
Thanks for keeping Ecology in the loop on these budge`
approved.
From: Holbrook, Chanele (ECY) <chho461@ECY.WA.GOV>
Sent:Tuesday, December 24, 2024 4:46 PM
To: Dawson, Michael (DOHi) <mdawson@co.jefferson.wa.us>
Cc: Moscoso, Carson (ECY) <cmos461@ECY.WA.GOV>; Sullivan, Lawrence (ECY)
<Lsul461@ECY.WA.GOV>; Webster, Laurie (ECY)<Icon461@ECY.WA.GOV>; Casey,Travis(ECY)
<trca461 @ ECY.WA.GOV>
Subject: Re: Chimacum-Hadlock PIC budget
Thank you Mike,
That sounds good - we appreciate the heads up. I'll loop in the folks that will
need to know.
Hope you have a wonderful holiday season!
Cheers,
Chanele Holbrook
WQP Sr. Nonpoint PM & Grant Specialist/ RFC/ TMDL Lead
C- 360.522.3801
C7EPA11TN1ENT 0f
ECOLOGY
State of jivtisil r)gtori
From: Michael Dawson <MDawson(U)co.iefferson wa.us>
Sent:Tuesday, December 24, 2024 3:58 PM
To: Holbrook, Chanele (ECY) <ch1ho461(a)LCY.WA.GOV>
Subject: Chimacum-Hadlock PIC budget
External Email
Hi Chanele, happy holidays and good luck in your new position.
Our project partner on the Chimacum-Hadlock PIC project needs to do a slight budget
amendment on their subcontract with the county. They need to shift some funds from
Task 2 Water Quality Monitoring to Task 5 Chimacum Watershed Management Plan.
This wouldn't involve Ecology except that it will slightly change the total project costs
in Tasks 2 & 5, as follows:
Current total project cost/ New total project cost (chanael
Task 2: $143,164/Task 2: $142,889 (-275)
Task 5: $42,812/Task 5: $43,087 (+275)
Since these changes are well below 10% 1 hope that it can be approved via letter (or
email) amendment. Is that correct?
Mike
From: Holbrook.Chanele(ECY)
To: Michael Dawson;Cowles.Tamara(ECY)
Cc: Jacquelyn Stenman
Subject: RE:QAPP-WQC-2023-3eCoPH-00032-Chimacum-Port Hadlock Pollution Identification and Correction Project
Date: Monday,April 15,2024 10:59:47 AM
Attachments: image001.ono
image002.ono
imaae003.ona
AI.IAZ : BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Good morning Michael,
First, I would like to say that I appreciate you and your teams efforts to
improve and monitor water quality for so many years. We realize how
important your work is. Thank you for your dedication.
I will take your questions and concerns to my team and see what we can do
for next steps. I'm wondering if there might be a way we can refine some of
the language to reflect and realign the focus of the QAPP and grant to align
the funding outcomes. Once the team can collaborate and talk through it
and come up with some solutions, I will get back to you with how we can
make this work.
Meanwhile, we can extend the grant until 12/31/2026 to support the
project.
Thank you for your patience, I appreciate your willingness to find solutions.
I'll be in touch soon.
Take good care,
Chanele Holbrook
You can only control two things in life - your attitude and your effort - make the best of
it.....
WQP Sr. Nonpoint PM & Grant Specialist/Regional Funding Coordinator/TMDL Lead
Department of Ecology, Southwest Regional Office
Cell: 360.522.3801
(She/Her) Why share pronouns?
(How to pronounce my name)
DEPARTMENT OF
ECOLOGY
st�tc•of'r aOlington
><((((°>' - - ><((((°>.
. . - .. ><((((o>• - ><(Wo>
From: Michael Dawson <M Dawson @co.jefferson.wa.us>
Sent: Friday,April 12, 2024 12:34 PM
To: Holbrook, Chanele (ECY) <chho461@ECY.WA.GOV>; Cowles,Tamara (ECY)
<taco461 @ ECY.WA.G OV>
Cc:Jacquelyn Stenman <Jttenman@co.jefferson.wa.us>
Subject: RE: QAPP -WQC-2023-JeCoPH-00032 - Chimacum-Port Hadlock Pollution Identification and
Correction Project
External Email
We are working through the comments and will respond soon. There are a couple of things I'd like to
respond to right away, however. First of all, every QAPP we have had with Ecology over the years
(20, by my count) has focused only on the Water Quality Monitoring task(typically task 2 in the
grant) and none of the other tasks, which include sanitary surveys of septic systems, offering
financial assistance for septic operations and maintenance, septic code enforcement, referring
potential agricultural sources to our local Conservation District, outreach and education, and in this
grant, a watershed restoration and management plan prepared by the Conservation District. I would
like to restrict the QAPP to the Task 2 monitoring, as I think including every task in the grant would
be excessive and overly complicated.
Now that we have an end in sight for the QAPP I would like to request a grant deadline extension (no
additional funding) to allow the water quality monitoring to be completed.The plan was for
monitoring to begin last October 2023, and now that it will be delayed by over 6 months, we will be
unable to complete the deliverable by the end of 2025. Please let me know what we can do to
extend this and if we can extend through the end of 2026. Once we have a plan for shifting the
project period, I can finish updating the monitoring schedule in the QAPP.
Michael Dawson
Water Quality Manager
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
360-385-9444 x301
360-531-2862 cell
mdawsonl@co.iefferson.wa.us I ieffersoncountypublichealth.ora
Always working for a Safer and Healthier Jefferson County
CONFIOENTIALITY NOTICE:This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential and privileged information.Any unauthorized review,use,disclosure,or distribution is prohibited.If you are not the
intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.
PUBLIC RECORDS ACT NOTICE: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 exempt from disclosure understate law,
including RCW 42.56.
From: Holbrook, Chanele (ECY)<chho4611@ECY.WA.GOV>
Sent:Sunday,April 7, 2024 2:03 PM
To:Jacquelyn Stenman <JStenman@co.jefferson.wa.us>; Cowles,Tamara (ECY)
<ta c o461 P E CY.W A.G OV>
Cc: Michael Dawson <M Dawson(@Co.jefferson.wa.us>
Subject: RE: QAPP-WQC-2023-JeCoPH-00032 - Chimacum-Port Hadlock Pollution Identification and
Correction Project
ALERT: 13E CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Jacquelyn,
I have enclosed the exact comments I received from out EAP reviewers for
clarity.
Looks like there is still a bit of work that needs to be done on the QAPP for
final approval to move forward.
Hi Chanele,
Ken Nelson and I reviewed the QAPP and it is attached here with our
comments. Some big items that need to be addressed are:
1. The sampling dates- I was under the impression that they wanted to start
work in January 2024. The QAPP states sampling was done in April 2023.
No work should have started until the QAPP is approved. Clarity on
sampling dates would be helpful.
2. The grant covers Water Quality Monitoring- there are no details in the
QAPP regarding this part except for mentioning that temp, conductivity
and pH will be measured.
3. The grant also covers PIC work and this QAPP only talks about the
pollution identification part of that work, nothing about the correction
part except for a one time mention of an OSS management plan.
4. Another part of the grant is the Watershed Restoration and Management
plan. No details about this part of the project are mentioned in the QAPP.
5. The Project goals, objectives and tasks need to be tightened and edited to
complement each other. Currently they have been copied from the grant
agreement which is not the expectation in a QAPP.
Please let me know if you/ grantee need any explanation or assistance with
answering the comments. For next steps, once the grantee submits the revised
QAPP back to us, we will review it again within 3 weeks and hopefully we won't
need further revisions and we can approve it then and the project can start.
Thankyou
Arati
Arati Kaza (Ph. D) (she/her)
(Ah-r-uh-t-ee hear my name)
Quality Assurance Officer
Chat with me
If you have any questions, please let me know and I can reach out for direct
input.
Take good care,
Chanele Holbrook
You can only control two things in life - your attitude and your effort - make the best of
it.....
WQP Sr. Nonpoint PM & Grant Specialist/Regional Funding Coordinator/TMDL Lead
Department of Ecology, Southwest Regional Office
Cell: 360.522.3801
(She/Her) Why share pronouns?
DEPARTME`r OF
ECOLOGY
Stme of was'hingtorl
From:Jacquelyn Stenman <JStenman(@co.jefferson.wa.us>
Sent: Friday, April 5, 2024 4:01 PM
To: Holbrook, Chanele (ECY) <chho461PECY.WA.G0V>; Cowles,Tamara (ECY)
<taco461 P ECY.WA.GOV>
Cc: Dawson, Michael (DOHi) <mdawson@co.jefferson wa us>
Subject: RE: QAPP -WQC-2023-JeCoPH-00032 - Chimacum-Port Hadlock Pollution Identification and
Correction Project
External Email
Chanele-
Just wanted to check in as we haven't heard anything for a couple of weeks. Any updates?
Jacquelyn Stenman
Gender Pronouns: she/her/hers
Environmental Health Specialist II, Water Quality
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
360-385-9444 x446
istenmanPco.jefferson.wa us I laps://ieffersoncountypublichealth org/
'Ine�at�utnt �. • �.
Always working for a Safer and Healthier Jefferson County
CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential and privileged information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the
intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.
PUBLIC RECORDS ACT NOTICE: 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(orforinspection)of this e-mail unless it is exemptfrom disclosure understate law,
including RCW 42.56.
From: Holbrook, Chanele (ECY) <chho461(@ECY.WA.GOV>
Sent: Monday, March 18, 2024 11:03 AM
To:Jacquelyn Stenman <JStenmanPco.jefferson.wa.us>; Cowles,Tamara (ECY)
<taco461(@ ECY.WA.G OV>
Cc: Michael Dawson <M Dawson Pco.jefferson.wa.us>
Subject: RE: QAPP-WQC-2023-JeCoPH-00032-Chimacum-Port Hadlock Pollution Identification and
Correction Project
ALERT: 131_: CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Good morning Jacquelyn,
I was notified this morning that the QAPP is still in review, and they are
hoping to have it finalized by the end of the week.
Just a heads up, it sounds like there might be a few items that will need to
be addressed.
Also, the lab Spectra is a signer on this QAPP, can you please send them
the document for review and comments? That will help move it along so we
can get things started for you.
I will keep you posted as I'm notified.
Chanele Holbrook
WQP Sr. Nonpoint PM & Grant Specialist/ RFC/ TMDL Lead
C: 360.522.3801
VEPARrmENT OF
ECOLOGY
State of Washington
From:Jacquelyn Stenman <JStenman(@co.jefferson.wa.us>
Sent:Tuesday, March 12, 2024 4:36 PM
To: Holbrook, Chanele (ECY) <chho461(@ECY.WA.GOV>; Cowles,Tamara (ECY)
<taco461(@ECY.WA.GOV>
Cc: Kolosseus,Andrew (ECY)<AK0L461(@ECY.WA.G0V>; Dawson, Michael (DOHi)
<m_dawson(@co.iefferson.wa.us>
Subject: RE: QAPP -WQC-2023-JeCoPH-00032 -Chimacum-Port Hadlock Pollution Identification and
Correction Project
External Email
Thank you for the update, I appreciate it!
Jacquelyn Stenman
Gender Pronouns: she/her/hers
Environmental Health Specialist II, Water Quality
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
360-385-9444 x446
istenman(@co.iefferson.wa.us ht ss://jeffersoncountypublichealth.org/
� ik.q Ux Qn
Always working for a Safer and Healthier Jefferson County
CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential and privileged information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the
intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.
PUBLIC RECORDS ACT NOTICE: 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 exempt from disclosure under state law,
including RCW 42.56.
From: Holbrook, Chanele (ECY)<chho461(@ECY.WA.GOV>
Sent:Tuesday, March 12, 2024 4:21 PM
To: Jacquelyn Stenman<JStenman<cDco.jefferson.wa.us>; Cowles,Tamara (ECY)
<laco461(@ECY.WA.GOV>
Cc: Kolosseus,Andrew(ECY)<AKO 461(@ Y.WA. OV>; Michael Dawson
<M Dawson P Co.jefferson.wa.us>
Subject: RE: QAPP -WQC-2023-JeCoPH-00032-Chimacum-Port Hadlock Pollution Identification and
Correction Project
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open
attachments or click on links if you are not expecting them.
Hi Jacquelyn,
Yes, I have a small bit of news. From my understanding, your QAPP is
currently under review in the EAP program with both the programmatic
SME, as well as the QA/QC team. We are hoping they can have it wrapped
up in the next week two weeks, (fingers crossed).
I know this has been a really long haul, we completely understand and are
willing to work with you on an extension.
As soon as I get the final approval — you will be the first person I let know.
Thank you for your patience.
Take good care,
Chanele Holbrook
"With Hope.... Optimism is sustainable..."MJ Fox
WQP Sr. Nonpoint PM & Grant Special ist/RFC/TMDL Lead
Department of Ecology, Southwest Regional Office
Cell: 360.522.3801
(She/Her) Why share pronouns?
(How to pronclunce my name
DEPARTMENT Of'
ECOLOGY
State of Washington
From:Jacquelyn Stenman <JStenmanPco.jefferson.wa.us>
Sent:Tuesday, March 12, 2024 3:42 PM
To: Holbrook, Chanele (ECY) <chho461PECY.WA.GOV>; Cowles,Tamara (ECY)
<taco461(@ ECY.WA.G OV>
Cc: Kolosseus, Andrew (ECY) <AKOL461@ECY.WA.GOV>; Dawson, Michael (DOHi)
<mdawsonPcoJefferson wa us>
Subject: QAPP
External Email
Chanele-
Checking in again for an update on the QAPP for WQC-2023-JeCoPH-00032. It's been another month
and this is causing a significant delay in our project. We will most likely need to apply for an
extension in the future.
Do you have any updates or an estimate when this will be done?
Thanks, have a great day!
Jacquelyn Stenman
Gender Pronouns: she/her/hers
Environmental Health Specialist II, Water Quality
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
360-385-9444 x446
istenmanP)co.jefferson.wa.us I httl2s://ieffersoncounty12ublichealth.org/
Always working for a Safer and Healthier Jefferson County
CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential and privileged information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the
intended recipient please contact the sender by reply e-mail and destroy all copies of the original message.
PUBLIC RECORDS ACT NOTICE: 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 low 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 exempt from disclosure under state law,
including RCW 42.56.
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson County Conservation District Contract No: WQ-23-033-Al
Contract For: Chimacum-Had lock Pollution Identification,Am 1 Tel-in: 3/1/2023 - 11/30/2026
COUNTY DEPARTMENT: Environmental Health/Water Quality
Contact Person: Michael Dawson
Contact Phone: #301
Contact email: mdawson@co.jefferson.wa.us
AMOUNT: Additional$275 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # 128 RFP or RFQ
Munis Org/Obj 12855310 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO I '7CE . ITit�3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ol N/A:F Jan. 9, 2025
Sig ature Date
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: "� Jan. 9, 2025
at I Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/17/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/17/2025.
Amendment No. 1 drafted with the assistance of the PAO. Original
attached.
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
AMENDMENT NO. 1 to the
PROFESSIONAL SERVICES AGREEMENT
by and between
JEFFERSON COUNTY
and
JEFFERSON COUNTY CONSERVATION DISTRICT
for funding to perform the
CHIMACUM-HADLOCK POLLUTION IDENTIFICATION AND
CORRECTION("PIC") PROJECT.
This Amendment No. 1 ("this Amendment") to the Professional Services Agreement for
funding to perform the Chimacum-Hadlock Pollution Identification and Correction("PIC")Project
("this Agreement") is made and entered into by and between Jefferson County, a political
subdivision under the laws of the State of Washington ("County") and Jefferson County
Conservation District(the Contractor"), (collectively "Parties").
WHEREAS, the Parties want to amend the Professional Services Agreement entered into
between them on June 12,2023;
NOW, THEREFORE,the Parties agree as follows:
1. Purpose.The purpose of this Amendment is to extend the term of performance through
November 30, 2026 and adjust Exhibit"A"and`B"to reflect the extended term.
2. Amendment. Section 3, which currently reads: "This Agreement shall commence on
March 1, 2023 and continue through November 30, 2025." Is amended to read: "This
Agreement shall commence on March 1, 2023 and continue through November 30, 2026."
3. Amendment. Exhibit A, which includes the services to be performed, is amended to
adjust the deliverable deadlines for tasks 2.3, 2.4, and 4.1 to reflect the extended term of
performance referenced above.
Task 2.3, is currently due: "September 30,2025,"is amended to: "September 30, 2026."
Task 2.4, is currently due"November 30, 2025,"is amended to: "November 30, 2026."
Task 4.1, is currently due"December 31, 2025,"is amended to "November 30, 2026."
4. Amendment. Exhibit B,which includes payment for work performed, is amended to
decrease funds in Tasks 1 through 3, and increase funds in Task 5 for a net increase of
$4,009 in total project cost. The balance of grant funds to matching funds remain 75%to
25%respectively.
Task I —Administration(Match
Matching funds from administrative activities are reduced to zero. This is a decrease of
$2,146 in matching funds.
Task 2—Water Quality Monitoring (Grant& Match):
Staff time in Task 2 was reduced by 154 hours. The Assistant Planner was removed from
this task. The hourly rate for the Water Quality Specialist has increased from$74.91 to
$79.10 since project inception. Matching hours in Task`2 were increased by 40. Task 2
WQ-23-033-A1
grant funds were reduced by $7,818 to $44,294, and matching funds were increased $4,421
to $26,894, for a net total decrease of$3,397.
Task 3 —PIC (Match)
The Lead Planner was removed from this task, and the Assistant Planner's hours in
matching funds were increased 6.3 hours, for a net total decrease of$1,183 in matching
funds.
Task 5 —Chimacum Watershed Management and Restoration Plan(Grant
230 hours of the Lead Planner have been payed to date at the original hourly rate of$78.05
and remain as originally budgeted. An additional 125 hours of the Lead Planner are added
at the current rate of$83. An additional 240 hours of the Assistant Planner at $61.50 give a
net increase of$10,735 in Task 5.
5. Other terms. All other terms remain the same.
DATED this day of ,2025.
(SIGNATURES FOLLOW ON NEXT PAGE)
2
JEFFERSON COUNTY WASHINGTON JEFFERSON COUNTY CONSERVATION
Board of County Commissioners DISTRICT
By: By:
Heidi Eisenhour, Chair Joe Holtrop,District Manager Date
By:
Heather Dudley-Nollette, Member
By:
Greg Brotherton, Member
SEAL:
ATTEST:
Carolyn Gallaway, CMC,
Clerk of the Board
Approved as to form only:
for 01/17/2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
3
AMENDMENT NO. 1
EXHIBIT A
Project Background:
The Chimacum-Hadlock PIC Project is funded by the Washington Department of Ecology
(Ecology)under contract with Jefferson County Public Health(County). Jefferson County
Conservation District(Contractor)will perform the following tasks in the project under a
subcontract managed by JCPH.
Project Area:
The project area includes the Chimacum Creek watershed and the Port Hadlock shoreline.
Project Staff:
Joe Holtrop, District Manager
Joe will serve as the lead staff person for development of the Chimacum Watershed Management
and Restoration Plan. His qualifications include over 25 years of experience with conservation
districts, as well as graduate degrees in both landscape architecture and adult education.
Glenn Gately, Water Quality and Fish Habitat Specialist
Glenn is charged with water quality monitoring, QAPP preparation, and report writing. His
qualifications include over 30 years of experience in fisheries biology and water quality
monitoring.
Sierra Young, Conservation Planner
Sierra will assist with water quality monitoring, watershed management and restoration plan
development, and assisting land users with planning and implementing water quality protection
and corrective actions. Sierra has worked for JCCD for two years and has a BA in Environmental
Studies and Geography.
Tasks,Deliverables, and Deadlines:
Task 1 —Grant and Loan Administration(Match)
Expenses for this task will not be reimbursed by the County. Instead, these expenses will be
submitted as interlocal match to meet the match requirement.
1.1 The Contractor will manage,track, and record expenses and match for each budget item and
report these items monthly to the County. The Contractor will record all matching funds
generated for the project. The Contractor will utilize County billing forms.
1.2 The Contractor will include any data and additional information obtained related to progress
in achieving target outputs for Task 2 and Task 5 (see below) of the project.
4
Required Performance:
1. Timely submittal of all required performance items and billing records.
Task 2—Water Quality Monitoring (Grant and Match)
2.1 The Contractor will assist the County in the development of an Ecology-approved Quality
Assurance Project Plan outlining monitoring guidelines before sampling begins.
Date: May 31, 2023
2.2 The Contractor will assist the County in establishing 15 sampling stations in the Chimacum
watershed, and the Contractor will work with the County to determine which stations the
Contractor will sample.
Date: September 30, 2023
2.3 The Contractor will collaborate with the County to collect water quality samples for E. coli
bacteria and physical parameter data for temperature,pH, dissolved oxygen, and conductivity at
the identified stations on a monthly basis for two years. The Contractor will provide the County
with field notes from this monitoring. To meet match requirements,the Contractor will
collaborate with the County to conduct additional monitoring, including water temperature
monitoring, and perform data entry and analysis to determine trends and identify pollution
sources and corrective actions. The County will be responsible for uploading all data into
Ecology's EIM database.
Date: September 30,2026
2.4 The Contractor will write a Chimacum Creek Comprehensive Water Quality Report. This
report will include an overview of the entire monitoring effort, quality assurance measures taken,
data results, an interpretation of those results, and a discussion of how the Contractor and County
will use the results. The goal of this report is to determine if water quality is improving or
worsening, and next steps for further water quality improvement. Ecology will review and
approve this report before the end of the project. The Contractor will also use this information to
assist the County in writing the final grant report for Ecology.
Date:November 30, 2026
Required Performance:
1. Submit QAPP to Ecology for review and approval. Upload a copy of the final approved
and signed QAPP into EAGL prior to any monitoring activities.
2. Collect monthly E. coli,temperature, dissolved oxygen, conductivity, and pH data in
Chimacum Creek for two years. Include photos and summary in final grant report.
3. Final Chimacum Creek Comprehensive Water Quality Report. Submit a draft monitoring
report to Ecology at least 30 days prior to the agreement end date for review and
approval. Upload the final, approved report to EAGL.
6
Task 3 —Pollution Identification and Correction(Match)
Expenses for this task will not be reimbursed by the County. Instead, these expenses will be
submitted as interlocal match to meet the match requirement.
3.1 The Contractor will respond to referrals of potential sources of agricultural pollution.
Required Performance:
1. Timely submittal of all required performance items and billing records.
Task 4—Public Outreach and Education(Grant)
4.1 The Contractor will participate in public outreach meetings.
Date: November 30, 2026
Required Performance:
1. Attendance at first public meeting to assist in introducing the project to the public.
2. Attendance at final public meeting to assist in disseminating project data and conclusions
to the public.
Task 5—Chimacum Watershed Management&Restoration Plan
5.1 The Contractor will prepare a draft Chimacum Watershed Management and Restoration Plan
(following steps in the Drainage Management Guide for Whatcom County Drainage
Improvement Districts as a template). The primary purpose of the plan is to identify actions that
can be taken(and will receive the blessing of permitting agencies)to address chronic drainage
and flooding issues that will improve and protect water quality and enhance salmonid habitat.
The plan will also identify roles and responsibilities of implementing organizations, including
possibly reactivating the Chimacum Drainage District as the lead organization. A drainage
district is the logical entity to serve as the lead for plan implementation. However, if through this
planning process it is determined that drainage district reactivation is not preferred, specific roles
and responsibilities will have to be assigned to (and accepted by)other organizations. All key
stakeholders will be engaged in the planning process. Chimacum watershed is a highly altered
system with channelized watercourses that function much like drainage ditches. There are also
many miles of drainage ditches. All this is a result of the Chimacum Drainage District that was
formed over a century ago and went inactive in the late 1970s. The idea is to either reactivate the
drainage district to serve as the umbrella organization for drainage system maintenance, water
quality protection/improvement, and habitat enhancement/restoration, or figure out a more
logical and effective way to do all these things. This planning effort will help determine the path
forward.
6
Proposed content includes:
a) Overview of watershed, including key historical events related to Chimacum Drainage
District,past and present land use,past and present environmental and economic issues
and concerns
b) Descriptions and maps of watercourses, including current conditions and impacts to
adjacent upland areas
c) Inventory and maps of past and present land use, drainage system ditches and other
infrastructure, beaver dams, etc.
d) Inventory and maps of ditches proposed for decommissioning
e) Description and map of water quality impairment reaches and improvement opportunities
f) Inventory and maps of significant ecological features, habitat enhancement/restoration
opportunities
g) Identification and description of routine drainage system maintenance activities
h) Identification and description of special drainage system maintenance projects
i) Identification of permitting requirements and descriptions of associated best management
practices
j) Monitoring, reporting and adaptive management
k) Technical guides for routine maintenance activities
Date: 20 months after subcontract approval
5.2 Seek stakeholder and permitting agency input on draft plan. Key landowners,partnering
organizations, and regulatory agencies (Ecology and Washington Department of Fish and
Wildlife)will be involved in plan development.
Date: 20 months after subcontract approval
5.3 Revise and finalize plan. If the drainage district is the preferred lead entity for plan
implementation,that will require drainage district reactivation,which has its own legally
required procedures. If this ends up not being the preferred option,other mechanisms will be
required, such as MOAs among all the implementing organizations.
Date: 26 months after subcontract approval
Required Performance:
1. Submit draft plan for stakeholder and permitting agency approval. Upload a copy of the
final approved plan into EAGL at project conclusion.
7
AMENDMENT NO. 1
EXHIBIT B
Task S&B Match Total
1 $0 $0 $0
2 $44,296 $26,894 $71,190
3 $0 $2,778 $2,778
4 $599 $0 $599
5 $43,087 $0 $43,087
Total $87,982 $29,672 $117,654
Salaries&Benefits Calculations Match Calculations
Task 1—Administration
Position Rate* Hours Amount Rate* Hours Amount
District Manager $78.05 0 $0 $78.05 0 $0
Financial Specialist $65.00 0 $0 $65.00 0 $0
$0 $0
Task 2—Water Quality Monitoring(Grant&Match)
Position Rate* Hours Amount Rate* Hours Amount
WQ Specialist $79.10 560 $44,296 $79.10 340 $26,894
Assistant Planner $60.00 0 $0
$44,296 $26,894
Task 3—PIC(Match)
Position Rate* Hours Amount Rate* Hours Amount
Lead Planner $78.05 0 $0 $78.05 0 $0
Assistant Planner $60.00 0 $0 $60.00 46.3 $2,778
$0 $2,778
Task 4—Outreach and Education (Grant)
Position Rate* Hours Amount Rate* Hours Amount
WQ Specialist $74.91 8 $599 $74.91 0 $0
$599 $0
Task 5—Chimacum Watershed Management and Restoration Plan (Grant)
Position Rate* Hours Amount Rate* Hours Amount
Lead Planner $78.05 230 $17,952 $78.05 0 $0
Lead Planner $83.00 125 $10,375
Assistant Planner $61.50 240 $14,760 $60.00 0 $0
$43,087 $0
Total $87,982 $29,672 $117,654
75% 25%
*Rate is the hourly composite rate that includes all benefits and prorated holidays and leave.
8
PROFESSIONAL SERVICES AGREEMENT FOR
JEFFERSON COUNTY
and
JEFFERSON COUNTY CONSERVATION DISTRICT
FOR FUNDING 2023-2025
THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and Jefferson County
Conservation District ("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: Chimacum-Hadlock Pollution Identification and Correction("PIC")Project.
2. Scope of Services. The 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 March 1, 2023 and
continue through November 30,2025. Work performed consistent with this Agreement
during its term, but 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 the Contractor shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to the
Contractor shall not exceed $85,070 without express written modification of this
Agreement signed by the County.
b. Invoices must be submitted by the 15th 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 this 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 shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Professional Services Agreement,JCPH,Version 4, PAO Approved 4/16/2023 Page t oP 17
WQ-23-033
Any indirect charges require the submittal of an indirect cost methodology and rate
using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
e. 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.
f. Payment as provided in this section shall be compensation up to 75% of total
eligible costs for work performed,services rendered,and for all materials,supplies,
and incidentals necessary to complete the work. The remaining 25% will be
required as matching interlocal contributions.
g. Activities and expenses used as match will occur during the time frame of the grant,
relate directly to the activities in the scope of work as provided on Exhibit A, and
benefit the Chimacum watershed.
h. Eligible matching funds will be from local sources, federal sources other than
Environmental Protection Agency funds, or state funds other than Ecology
Centennial funds. The source of matching funds must be approved by the County
according to Ecology guidelines.
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 The Contractor's
endeavors. The 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. The 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, the
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 the Contractor within ten (10) days. County and
the Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 2 of
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. The Contractor shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries,damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Contractor in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.1 15 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the County, its officers, officials,
employees, agents and volunteers (and their marital communities) the Contractor's
liability, including the duty and cost to defend, shall be only for the Contractor's
negligence. It is further specifically understood that the indemnification provided
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 5.1
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties.This section shall survive the expiration or termination of this
Agreement.
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 this 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, (c)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 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;
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 3 of 17
iv. Premises—Operations Liability (M&C);
v. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage(tail coverage) shall be purchased for three(3)
years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three(3)years.
d. 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. In the alternative, either party to this agreement may
fulfill the insurance obligations contained herein by maintaining membership in a
joint self-insurance program authorized by Chapter 48.62 RCW. In this regard,the
parties understand that the party to this agreement who is a member of such a
program is not able to name the other party as an "additional insured" under the
liability coverage provided by the joint self-insurance program.
e. 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.
f. 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 Public Health 615 Sheridan Street, 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.
g. 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.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 4 of 17
h. 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.
i. 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.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. 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.
1. 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.
in. Any coverage for third party liability claims provided to the County by a "Risk
Pool" created pursuant to Chapter 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 require subcontractors to purchase their own insurance,
consistent with the requirements of this Section.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 5 ot't7
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 Public Health
Contracts Manager by registered mail, return receipt requested.
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 the
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 6 of 17
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 the
Contractor nor any employee of the 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 the Contractor,or any employee of
the 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 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.
d. No subcontractor may be hired by the Contractor, unless contract with the
subcontractor contains the same requirements for Sections 9, 10 and 11 of this
Agreement and has been approved by the County.
13.Covenant Against Contingent Fees, The Contractor warrants that they have 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.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 7 of 17
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.
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 Public Health Department
615 Sheridan Street
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Jefferson County Conservation District
205 W Patison St
Port Hadlock-Irondale, WA 98339
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 8 of 17
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.
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. Severabilty. 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
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Pagc 9 of 17
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 Countelparts. 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. This Agreement,once
executed, will be a "public record" subject to production to a third party if same is
requested pursuant to- the Washington Public Records Act, Chapter 42.56 RCW, as
may hereafter be amended.
33. Confidentiality. With respect to all information relating to County that is confidential
and clearly so designated, as required by the Health Insurance Portability and
Accountability Act (HIPAA) and any other applicable privacy laws, the Contractor
agrees to keep such information confidential. The Contractor shall not disclose,
transfer, or sell any such information to any party, except as provided by law or, in the
case of personal information,with the prior written consent of the person to whom the
personal information pertains. The Contractor shall maintain the confidentiality of all
personal information and other information gained by reason of this Agreement, and
shall return or certify the destruction of such information if requested in writing by
Jefferson County.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 page 10 of 17
34. Criminal History/Background Check. Each of the Contractor's employees, the
employees of any of the Contractor's approved subcontractor, or volunteers used by
the Contractor shall submit to a Washington State Patrol fingerprint identity and
criminal history check before they are authorized to perform services for the Project.
The County agrees to bear all reasonable costs incurred in the performance of this
fingerprint identity and criminal history check. Contractors who may or will have
regular access or limited access to any juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor,or volunteers used by the Contractor undergo
not less often than once every three (3) years another Jefferson County approved
criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about the
requirements of Chapter 13.40.570 RC W and of the new crimes included in Chapter
9A.44 RCW, Sexual Offense;
c. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed Agreement.
DATED this day of , 2023.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page l I of 17
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON JEFFERSON COUNTY
CONSERVATION DISTRICT
Board of Coynty Commissioners
Jefferso Cqu , Washington
r .�. y: L 5-3-2023
Greg Brotherton,Chair Date Joe I1olt op,District Manager Date
By: !
Kate Dean,Commissioner Date
Heidi Eise ir;q ssioner Date
$ O ,#'%
4c •j�ta3�p. G�
SEAL:
iC
't
ATTEST: V+a4S'o' ;<''
qua+++►'**f�
d
Approved as to form only:
June 7, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 12 of 17
EXHIBIT A
Project Background:
The Chimacum-Hadlock PIC Project is funded by the Washington Department of Ecology
(Ecology) under contract with Jefferson County Public Health (County). Jefferson County
Conservation District(Contractor)will perform the following tasks in the project under a
subcontract managed by JCPH.
Project Area:
The project area includes the Chimacum Creek watershed and the Port Hadlock shoreline.
Project Staff:
Joe Holtrop, District Manager
Joe will serve as the lead staff person for development of the Chimacum Watershed Management
and Restoration Plan. His qualifications include over 25 years of experience with conservation
districts, as well as graduate degrees in both landscape architecture and adult education.
Glenn Gately, Water Quality and Fish Habitat Specialist
Glenn is charged with water quality monitoring, QAPP preparation,and report writing. His
qualifications include over 30 years of experience in fisheries biology and water quality
monitoring.
Sierra Young, Conservation Planner
Sierra will assist with water quality monitoring, watershed management and restoration plan
development, and assisting land users with planning and implementing water quality protection
and corrective actions. Sierra has worked for JCCD for two years and has a BA in Environmental
Studies and Geography.
Tasks,Deliverables, and Deadlines:
Task 1 —Grant and Loan Administration (Match)
Expenses for this task will not be reimbursed by the County. Instead these expenses will be
submitted as interlocal match to meet the match requirement.
1.1 The Contractor will manage,track, and record expenses and match for each budget item and
report these items monthly to the County. The Contractor will record all matching funds
generated for the project. The Contractor will utilize County billing forms.
1.2 The Contractor will include any data and additional information obtained related to progress
in achieving target outputs for Task 2 and Task 5 (see below)of the project.
Required Performance:
1. Timely submittal of all required performance items and billing records.
Task 2—Water Quality Monitoring(Grant and Match)
2.1 The Contractor will assist the County in the development of an Ecology-approved Quality
Assurance Project Plan outlining monitoring guidelines before sampling begins.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 13 of 17
Date: May 31,2023
2.2 The Contractor will assist the County in establishing 15 sampling stations in the Chimacum
watershed, and the Contractor will work with the County to determine which stations the
Contractor will sample.
Date: September 30, 2023
2.3 The Contractor will collaborate with the County to collect water quality samples for E. coli
bacteria and physical parameter data for temperature,pH, dissolved oxygen, and conductivity at
the identified stations on a monthly basis for two years. The Contractor will provide the County
with field notes from this monitoring. To meet match requirements,the Contractor will
collaborate with the County to conduct additional monitoring, including water temperature
monitoring,and perform data entry and analysis to determine trends and identify pollution
sources and corrective actions. The County will be responsible for uploading all data into
Ecology's EIM database.
Date: September 30, 2025
2.4 The Contractor will write a Chimacum Creek Comprehensive Water Quality Report. This
report will include an overview of the entire monitoring effort, quality assurance measures taken,
data results, an interpretation of those results, and a discussion of how the Contractor and County
will use the results. The goal of this report is to determine if water quality is improving or
worsening, and next steps for further water quality improvement. Ecology will review and
approve this report before the end of the project. The Contractor will also use this information to
assist the County in writing the final grant report for Ecology.
Date: November 30, 2025
Required Performance:
1. Submit QAPP to Ecology for review and approval. Upload a copy of the final approved
and signed QAPP into EAGL prior to any monitoring activities.
2. Collect monthly E. coli,temperature, dissolved oxygen,conductivity, and pH data in
Chimacum Creek for two years. Include photos and summary in final grant report.
3. Final Chimacum Creek Comprehensive Water Quality Report. Submit a draft monitoring
report to Ecology at least 30 days prior to the agreement end date for review and
approval. Upload the final, approved report to EAGL.
Task 3—Pollution Identification and Correction(Match)
Expenses for this task will not be reimbursed by the County. Instead these expenses will be
submitted as interlocal match to meet the match requirement.
3.1 The Contractor will respond to referrals of potential sources of agricultural pollution.
Required Performance:
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 14 of 17
1. Timely submittal of all required performance items and billing records.
Task 4—Public Outreach and Education(Grant)
4.1 The Contractor will participate in public outreach meetings.
Date: December 31, 2025
Required Performance:
1. Attendance at first public meeting to assist in introducing the project to the public.
2. Attendance at final public meeting to assist in disseminating project data and conclusions
to the public.
Task 5 —Chimacum Watershed Management & Restoration Plan
5.1 The Contractor will prepare a draft Chimacum Watershed Management and Restoration Plan
(following steps in the Drainage Management Guide for Whatcom County Drainage
Improvement Districts as a template). The primary purpose of the plan is to identify actions that
can be taken(and will receive the blessing of permitting agencies)to address chronic drainage
and flooding issues that will improve and protect water quality and enhance salmonid habitat.
The plan will also identify roles and responsibilities of implementing organizations, including
possibly reactivating the Chimacum Drainage District as the lead organization. A drainage
district is the logical entity to serve as the lead for plan implementation. However, if through this
planning process it is determined that drainage district reactivation is not preferred, specific roles
and responsibilities will have to be assigned to (and accepted by)other organizations. All key
stakeholders will be engaged in the planning process. Chimacum watershed is a highly altered
system with channelized watercourses that function much like drainage ditches. There are also
many miles of drainage ditches. All this is a result of the Chimacum Drainage District that was
formed over a century ago and went inactive in the late 1970s. The idea is to either reactivate the
drainage district to serve as the umbrella organization for drainage system maintenance, water
quality protection/improvement, and habitat enhancement/restoration, or figure out a more
logical and effective way to do all these things. This planning effort will help determine the path
forward.
Proposed content includes:
a) Overview of watershed, including key historical events related to Chimacum Drainage
District,past and present land use,past and present environmental and economic issues
and concerns
b) Descriptions and maps of watercourses, including current conditions and impacts to
adjacent upland areas
c) Inventory and maps of past and present land use, drainage system ditches and other
infrastructure, beaver dams,etc.
d) Inventory and maps of ditches proposed for decommissioning
e) Description and map of water quality impairment reaches and improvement opportunities
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 15 of 17
f) Inventory and maps of significant ecological features,habitat enhancement/restoration
opportunities
g) Identification and description of routine drainage system maintenance activities
h) Identification and description of special drainage system maintenance projects
i) Identification of permitting requirements and descriptions of associated best management
practices
j) Monitoring, reporting and adaptive management
k) Technical guides for routine maintenance activities
Date: 20 months after subcontract approval
5.2 Seek stakeholder and permitting agency input on draft plan. Key landowners,partnering
organizations, and regulatory agencies (Ecology and Washington Department of Fish and
Wildlife)will be involved in plan development.
Date: 20 months after subcontract approval
5.3 Revise and finalize plan. If the drainage district is the preferred lead entity for plan
implementation,that will require drainage district reactivation,which has its own legally
required procedures. If this ends up not being the preferred option, other mechanisms will be
required, such as MOAs among all the implementing organizations.
Date: 26 months after subcontract approval
Required Performance:
1. Submit draft plan for stakeholder and permitting agency approval.Upload a copy of the
final approved plan into EAGL at project conclusion.
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 gage 16 of 17
EXHIBIT B
Task S&B Match Total
1 $0 $2,146 $2,146
2 $52,114 $22,473 $74,587
3 $0 $3,961 $3,961
4 $599 $0 $599
5 $32,352 $0 _$32,352
Total $85,065 $28,580 $113,645
Salaries&Benefits Calculations Match Calculations
Task 1—Administration(Match)
Position Rate* Hours Amount Rate* Hours Amount
District Manager $78.05 0 $0 $78.05 15 $1,171
Financial Specialist $65.00 0 $0 $65.00 15 $975
$0 $2,146
Task 2—Water Quality Monitoring(Grant&Match)
Position Rate* Hours Amount Rate* Hours Amount
WQ Specialist $74.91 622 $46,594 $74.91 300 $22,473
Assistant Planner $60.00 92 $5,520
$52,114 $22,473
Task 3—PIC(Match)
Position Rate* Hours Amount Rate* Hours Amount
Lead Planner/Manager $78.05 0 $0 $78.05 20 $1,561
Assistant Planner $60.00 0 $0 $60.00 40 $2,400
$0 $3,961
Task 4—Outreach and Education(Grant)
Position Rate* Hours Amount Rate* Hours Amount
WQ Specialist $74.91 8 $599 $74.91 0 $0
$599 $0
Task 5—Chimacum Watershed Management and Restoration Plan(Grant)
Position Rate* Hours Amount Rate* Hours Amount
Lead Planner/Manager $78.05 230 $17,952 $78.05 0 $0
Assistant Planner $60.00 240 $14,400 $60.00 0 $0
$32,352 $0
Total $85,065 $28,580 $113,645
Professional Services Agreement,JCPH,Version 4,PAO Approved 4/16/2023 Page 17 of 17