HomeMy WebLinkAboutCONSENT Coordinated Water SystemJEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Brent A. Butler, Chief Strategy Officer
DATE: May 5, 2025
SUBJECT: Coordinated Water System Plan Memorandum of Agreement
STATEMENT OF ISSUE:
The Board of County Commissioners (Board or BoCC) approved a professional services agreement
(PSA) for the purpose of updating the Coordinated Water System Plan (CWSP). Without contributions
from the City of Port Townsend and the Jefferson County Public Utility District (PUD), Jefferson County
will not have sufficient funds to update the CWSP.
BACKGROUND:
The CWSP is designed to optimize the delivery of a safe and reliable water supply by coordinating the
planning, development, operation, and management of public water systems within a designated area,
ensuring efficient use of water resources through collaboration among water systems that serve at least 15
service connections or 25 or more people for at least 60 days a year. To provide guidance to smaller
water systems, the Board also directed that the reconstituted WUCC include one member representing a
Group B water utility. Group B systems are designated as those that serve 3 to 14 service connections
and either serves less than 25 people per day or 25 or more people per day during a period less than 60
days per year.
Last updated in 1997, the Jefferson County Coordinated Water System Plan ("CWSP") requires revisions
to incorporate new water law and implement best practices. Generally, the required procedures are
contained in the Washington Administrative Code (WAC), Chapter 248-56 WATER SYSTEM
COORDINATION ACT— PROCEDURAL REGULATIONS. Companion provisions address the
community's need for fire -protection in Chapter 248-57 WATER SYSTEM COORDINATION ACT —
FIRE FLOW REGULATIONS. While the CWSP should consider the water infrastructure needs over a
50-year planning horizon, it must meet a minimum 20-year planning horizon.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
Based on the adopted professional services agreement, the overall cost of this project will be $207,000.
As of April 7th, the number of Group A water system connections is 15,908. With the total contract cost
at $207,000 and optional/non-required items at $55,342 per the contract, the overall cost for Group A
systems is $151,658 or $9.53 per connection. Additional costs are incurred for project management
assumed to equal five to ten hours per meeting or 120 to 240 hours over the next 12 months
RECOMMENDATION:
Approve the attached memorandum of understanding, and commit to approving budget authority during
the 3rd Quarter Budget Supplemental.
REVIEWED BY:
Mark McCatih, County Administrator Date
CONTRACT WITH:
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
City of Port Townsend and Jefferson County Public Utility District Number 1 Contract No: DCD-CWSP MCA 2025
Contract For: Coordinated Water System Plan Memorandum of Agreement Term:
COUNTY DEPARTMENT: Community Development
Contact Person: Brent Butler
Contact Phone: 360-3794493
Contact email: BButler@co.jefferson.wa.us
AMOUNT: N/A
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
PROCESS: Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑■ N/A: ❑ _ _
�/�/ems
_C4'! �ignature 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: 701 N/A: ❑
5iOature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/1/2025.
Contract Review Form should contain dollar amounts. City and PUD
payments should be recognized as revenue.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/1/2025.
Pre -reviewed by PAO. Thank you for making the revisions.
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
ATTACHMENT 1
Memorandum of Agreement
MEMORANDUM OF AGREEMENT
Between
JEFFERSON COUNTY
and the
CITY OF PORT TOWNSEND
and
JEFFERSON COUNTY PUBLIC UTILITY DISTRICT NUMBER I
This MEMORANDUM OF AGREEMENT ("Agreement"), dated this 2411 day of March ("Effective Date"), is entered into by
and between JEFFERSON COUNTY, a Washington municipal corporation ("County"), the CITY OF PORT TOWNSEND
("City"), a Washington municipal corporation and the Jefferson County Public Utility District Number 1 ("PUD"), a Washington
municipal corporation. The PUD, City and County are referred to in this MOU individually as a "Party" and jointly as the
"Parties".
WHEREAS, Chapter 90.54 Revised Code of Washington (Water Resources Act of 1971) sets forth the fundamentals
of water resource policy to ensure the waters of the state will be protected and fully utilized for the greatest benefits to the
people of the state; and
WHEREAS, Chapter 70A.100 Revised Code of Washington (Public Water System Coordination Act of 1977)
establishes procedures for the coordination of water utilities within the community and the integration of water utility
development with local land use plans and policies; and
WHEREAS, Chapter 36.94 Revised Code of Washington (Sewerage, Water, and Drainage Systems) establishes the
procedures for the creation and adoption of a general water plan; and
WHEREAS, Washington Administrative Code 173-590 (Procedures Relating to the Reservation of Water for Future
Public Water Supply) establishes procedures for the reservation of water supplies for the benefit of the people of Jefferson
County; and
WHEREAS, the Jefferson County Board of Commissioners by Resolution 97-83 declared Jefferson County to be a
Critical Water Supply Service Area initiating an effort to undertake and develop a comprehensive water system plan; and
WHEREAS, the Coordinated Water Systems Plan (CWSP) is a result of that effort and has been developed to comply
with the provisions of the aforementioned statutes and county resolution; and
WHEREAS, Jefferson County initiated an update of the CWSP by Jefferson County Resolution No. 08-24 by
repealing Water Utility Coordinating Committee (WUCC) appointments to establish new WUCC appointees and publicly
advertise request for proposals (RFP) on August 27, 2024, and then again on October 3, 2024 after receiving no response to the
first published RFP; and
WHEREAS, the Jefferson County Board of County Commissioners approved a contract with HDR, Inc., a Nebraska
corporation, on March 17, 2025; and
WHEREAS, Jefferson County will not have sufficient funds to proceed with the update of the CWSP without fiscal
contributions from the county's two largest water purveyors, namely the City and PUD;
NOW, THEREFORE, the Jefferson County Coordinated Water System Plan update will be funded by a contribution
from each of the Parties, as set forth by this Agreement:
I. Number of connections and cost er connection.
a. The contract fee to which the City and PUD must contribute is $151,658.00. Based on the total
number of connections, each connection costs $9.53.
b. Based on the number of the PUD and the City connections, 4,400 and 6,100, respectively, the
required share would be $41,947 for the PUD and $58,154 for the City.
c. The County will provide the remainder of the funding.
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2. Controlling Law.
a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be
governed by and construed under the laws of the United States, the State of Washington and the County of Jefferson,
as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between
Jefferson County residents.
b. No Party shall argue or assert that any state law other than Washington law applies to the governance or construction
of this Agreement.
3. LitigationJJurisdictionNenue.
a. Should either Party bring any legal action, each Party in such action shall pay for its own attorney's fees and court
costs.
b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject
to the venue provisions for actions against counties in RCW
36.01.050.
4. Entire Agreement. This Agreement memorializes the entire agreement of the Parties and all parts of this Agreement are
contained herein. The Parties agree that:
a. No representation or promise not contained in this Agreement has been made.
b. The Parties are not entering into this Agreement based on any inducement, promise or representation, expressed or
implied, which is not contained in this Agreement.
c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements,
whether written or oral, within the scope of this Agreement.
5. Section > Icadings. 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 sections or this Agreement.
6. 1_imiis 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.
7. No Ural Waiver. No term or provision of this Agreement will be 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.
8. Severabilily. Provided it does not result in a material change in the terms, if any provision 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.
9. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly
authorized representatives of all the Parties.
10. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently
evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect
the validity of this Agreement, so long as all the Parties execute a counterpart of this Agreement.
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11. Facsimile and Electronic Signatures. The Parties agree that facsimile and electronic signatures shall have the same force
and effect as original signatures.
12. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated
by reference into this Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
Bv:
Heidi Eisenhour, Chair
By:
Heather Dudley-Nollette, Commissioner
Bv:
Greg Brotherton, Commissioner
SEAL:
ATTEST:
Carolyn Gallaway, CIVIC Date
Clerk of the Board
Approved as to form only:
t�
for 05/01 /2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
CITY OF PORT TOWNSEND
By:
John Mauro, City Manager Date
JEFFERSON COUNTY PUD NO. 1
By:
Kevin Streett, General Manager Date
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