Board of County Commissioners Cathy Wolfe , District 1 Sandra Romero , District 2 Karen Valenzuela , District 3 Agenda for Meeting Date: Tuesday, December 16, 2014 Summary of Timed Items 2:00 p.m.) Call Meeting to Order 2:05 p.m.) Presentation 3:00 p.m.) Public Hearings 3:30 p.m.) Board of Health (special meeting) 5:30 p.m.) Public Hearings 2:00 p.m.) Call Meeting to Order Pledge of Allegiance to be led by Vice-Chair Romero Approval of the Tuesday, December 16, 2014 Agenda Approval of the Board Meeting Minutes from: December 9, 2014 2:05 p.m.) Presentation Dept: Public Works Description: Salmon Creek Bridge Replacement and Prather Road Project Overviews Contact: Scott Lindblom, Engineering Project Manager Action: No action required. 1) Opportunity for the Public to Address the Board 2) County Manager's Update a) Item Description: Follow-up on citizen issues b) Item Description: Other current issues Thurston County - Board of County Commissioners Agenda BoCC-AIS-2014-12-16PublicWorks-RuthPierce1552.pdf Adobe Acrobat Document 53.6 KB Page 1 of 10 3) Consent Item(s) "a" through "o" a) Dept: Prosecuting Attorney Description: A resolution reclassifying positions 09R00324 and 09R00326 in the Thurston County Pay and Classification Pay Plan. Contact: Heidi Prihoda, Administrative Services Manager Action: Move to approve the resolution reclassifying positions 09R000324 and 09R00326 from Victim Advocates to Senior Victim Ad vocates in the Thurston County Pay and Classification Pay Plan. b) Dept: Human Resources Description: Approve the Board of Equalization's Request to Convene for the 2014 Assessment Year Contact: Ruth Elder, Community Program Manager Action: Move to approve the Board of Equalization's request to convene for the purpose of hearing appeals for the 2014 assessment year and sign the Notice of Approval form. c) Dept: Resource Stewardship Description: Authorize the Resource Stewardship Director to execute an Amendment to a Professional Services Contract with ESA Associates Contact: Allison Osterberg, Planner, Associate Action: Move to authorize the Director of Resource Stewardship to sign Contract Amendment No. 2 to a Professional Services Contract with ESA Associates to complete work related to the development of an In Lieu Fee Mitigation Program. This is a grant funded project. d) Dept: Public Health and Social Services Description: Approval of Extensions of the Town of Bucoda and City of Tenino contracts for Community Development Block Grant (CDBG) Projects Contact: Gary Aden, Social Services Program Specialist III Action: Move to approve amendments of Community Development Block Grant Program contracts with the Town of Bucoda and City of Tenino for revised end dates of August 31, 2015 and authorize the Director of Public Health and Social Services to sign the contract extensions. Thurston County - Board of County Commissioners Agenda BoCC-AIS-2014-12-16HumanResourcesNadineSordahl-1542.pdf Adobe Acrobat Document 236 KB BoCC-AIS-2015-01-06HumanResourcesRuthElder-0919.pdf Adobe Acrobat Document 222 KB BoCC-AIS-2015-01-06ResourceStewardshipAllisonOsterberg-1118.pdf Adobe Acrobat Document 238 KB BoCC-AIS-2015-01-06PublicHealthandSocialServ ices-LydiaHodgkinson0919.pdf Adobe Acrobat Document 229 KB Page 2 of 10 e) Dept: Commissioners Description: Thurston County 2015 Final Levy Adoption Contact: Robin Campbell, Assistant County Manager Action: Move to adopt the Resolution adopting the Thurston County 2014 final tax budgets for collection in 2015 for all taxing jurisdictions, as attached and incorporated by reference. f) Dept: Commissioners Description: 2015 Refunding Bond Sale Resolution Contact: Robin Campbell, Assistant County Manager Action: Move to approve and authorize the bond resolution providing for the issuance, sale and delivery of not to exceed $17,100,000 aggregate principal amount of limited tax general obligation refunding bonds to provide funds necessary to refund certain outstanding general obligation bonds of the County. g) Dept: Central Services Description: Approve Amendment No. 2 to the Op erating Agreement for Community Access Cable Television with Thurston Community Television Contact: Martin Casey, Director Action: Move to approve and sign Amendment No. 2 to the Thurston Community Television (TCTV) Agreement. h) Dept: Resource Stewardship Description: Resource Stewardship - A resolution establishing position 09R01272 in the Thurston County Pay and Classification Pay Plan. Contact: Scott Clark, Director Action: Move to approve the resolution establishing project position 09R01272, Education and Outreach Specialist II, in the Thurston County Pay and Classification Pay Plan with an end date on or before March 31, 2015. i) Dept: Central Services Description: TCTV PEG Video Project Contact: Martin Casey, Director Deborah Vinsel, CEO, TCTV Action: Move to approve the recommendation for Thurston Community Television to award and accept the proposal from Olympic Technolog y of Edmonds, Washington, for the design of the TCTV PEG Video Project, in the amount of $8,768.00, including 10% contingency. Thurston County - Board of County Commissioners Agenda BoCC-AIS-----CommissionersTawniSharp-1029.pdf Adobe Acrobat Document 70.7 KB BoCC-AIS-2015-01-06CommissionersTawniSharp-1049.pdf Adobe Acrobat Document 53.5 KB BoCC-AIS-2014-12-09CentralServicesCristiCampanile-1005.pdf Adobe Acrobat Document 61.2 KB BoCC-AIS-2015-01-06HumanResourcesNadineSordahl-1359.pdf Adobe Acrobat Document 72.5 KB BoCC-AIS-2014-12-09CentralServicesLindaLawson-1622.pdf Adobe Acrobat Document 52.2 KB Page 3 of 10 j) Dept: Superior Court Description: Request Approval to Extend a Superior Court contract for Professional Services through March 31, 2015 Contact: Brooke Marshall, Superior Court Administrator Action: Move to extend an existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services between: Nine independent EMDR Therapists and Thurston County in an amount not to exceed $4,999 for each of the 9 therapists. The 9 contracts are set to expire on December 31,2014. k) Dept: Superior Court Description: Request Approval to Extend a Superior Court contracts for Professional Services through March 31, 2015 Contact: Brooke Marshall, Superior Court Administrator Action: Move to approve the extension of the existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services between: Pierce County Alliance and Thurston County in an amount not to exceed of $54,993 for the extension period of one quarter. The contract extension is requested for the period of January 1,2015 through March 31,2015. The extension request includes authorization for the Presiding Judge of Superior Court to execute the contract extension. l) Dept: Resource Stewardship Description: Appointments to the Chambers Lake Drainage District No. 3 Contact: Allison Osterberg, Planner, Associate Action: Move to appoint Tom Eckhout to Position 1 on the Chambers Lake Drainage District No. 3 for the term beginning Decemb er 18, 2014 to February 2, 2016, the next special district general election for this position. Move to appoint Paul Strand to Position 2 on the Chambers Lake Drainage District No. 3 for the term beginning December 18, 2014 to February 2, 2016, the next special district general election for this position. Move to appoint Cara Bork to Position 3 on the Chambers Lake Drainage District No. 3 for the term beginning December 18, 2014 to February 2, 2016, the next special district general election for this position. Thurston County - Board of County Commissioners Agenda BoCC-AIS-2015-01-06DistrictCourtBobBartusch-1506.pdf Adobe Acrobat Document 1.10 MB BoCC-AIS-2015-01-06DistrictCourtBobBartusch-1241.pdf Adobe Acrobat Document 4.10 MB BoCC-AIS-2014-12-16CommissionersDanielleWestbrook1003.pdf Adobe Acrobat Document 51.3 KB Page 4 of 10 m) Dept: Human Resources Description: A resolution setting the 2015 and 2016 benefits and the 2015 cost of living adjustment for positions 10R00437, 10R00438, and 11R00533. Contact: Lauren Spurgeon, Interim HR Director BoCC-AIS-2014-12-02HumanResourcesNadineSordahl-1528.pdf Adobe Acrobat Document 131 KB Action: Move to approve the resolution setting the 2015 and 2016 benefits and the 2015 cost of living adjustment for positions 10R00437, 10R00438, and 11R00533. n) Dept: Commissioners Description: Appointments to the Citizens' Commission on Salaries for Elected Officials Contact: Danielle Westbrook, Commissioner's Assistant File Attachment Action: Move to appoint the following individuals to the Citizens' Commission on Salaries for Elected Officials for the term beginning December 16, 2014 and ending December 16, 2018: Wayne Williams, legal representative Peggy Quan, professional personnel management o) Dept: Auditor - Financial Services Description: Approval of the Voucher List Contact: Darren Bennett, Financial Services Division Manager File Attachment Action: Move to approve the voucher list for the week of December 16, 2014. Department Items 4) Resource Stewardship a) Description: Adopt 2014 -2015 Official Docket of Development Code Amendments Contact: Katie Pruit, Associate Planner Action: Move to adopt the 2014-2015 Official Docket of Development Code Amendments. b) Description: Set the Official Docket of Comp rehensive Plan Amendments for 2015 Contact: Cindy Wilson, Senior Planner Action: Move to approve the 2015 Official Docket of Comprehensive Plan Amendments. BoCC-AIS-2014-12 -16ResourceStewardshipKatiePruit-1507.pdf Adobe Acrobat Document 178 KB BoCC-AIS-2014-12 -16ResourceStewardshipCindyWilson-1603.pdf Adobe Acrobat Document 53.9 KB File Attachment c) Description: Authorize the Resource Stewardship Director Thurston County - Board of County Commissioners Agenda Page 5 of 10 to execute a Professional Services Contract with Thurston Regional Planning Council Contact: Allison Osterberg, Associate Planner Action: Move to authorize the Director of Resource Stewardship to sign a Professional Services contract with Thurston Regional Planning Council to extend assistance related to Low Impact Development (LID) code revisions through December 2016, not to exceed $196,050. d) Description: Approval of an Interlocal Agreement with Washington Department of Fish and Wildlife for the development of the Thurston Prairie Habitat Conservation Plan. Contact: Andrew Deffobis, Planner, Associate Action: Move to authorize the Resource Stewardship Director to sign and act as a contract representative for an Interlocal Agreement with Washington Department of Fish and Wildlife in the amount of $551,687 for the development of the Thurston Prairie Habitat Conservation Plan and Environmental Impact Statement, including contract amendments and extensions as necessary and allowed. 5) BoCC-AIS-2014-12 -16ResourceStewardshipAllisonOsterberg-1613.pdf Adobe Acrobat Document 801 KB BoCC-AIS-2014-12 -16ResourceStewardshipJeremyDavis-1546.pdf Adobe Acrobat Document 429 KB Public Works Description: Authorization to issue Request for Proposals for consulting services to update the 2009 Thurston County Solid Waste Management Plan Contact: Terri Thomas, Education and Outreach Specialist III Action: Move to authorize the issuance of a Request for Proposals (RFP) for consultant services to update the 2009 Thurston County Solid Waste Management Plan (the Plan) and authorize the Public Works Director to execute the contract for the Plan once the proposals have been received , evaluated, and a vendor selected. Thurston County - Board of County Commissioners Agenda BoCC-AIS-2014-12 -16PublicWorks-RuthPierce1030.pdf Adobe Acrobat Document 335 KB Page 6 of 10 6) Public Health and Social Services a) Description: Approval of Thurston-Mason Developmental Disabilities Millage Funding Contracts for 2015 Contact: Mark Freedman, Social Services Division Director Action: Move to approve the award of up to $156,000 in dedicated Thurston County Developmental Disabilities millage funding and up to $45,128 in dedicated Mason County millage funding and authorize the Director of Public Health and Social Services to develop and execute contracts with South Sound Parent to Parent, Senior Services for South Sound, Protective Payee Services, the Arc of Washington, Career Quest, Nancy Murphy, Exceptional Foresters, Vadis, and Morningside when prepared by staff for the contract period of January 1, 2015 – December 31, 2015. b) Description: A Resolution amending the Thurston County Pest and Vegetation Management Policy Contact: Art Starry, Environmental Health Division Director Action: Move to approve a Resolution amending the Thurston County Pest and Vegetation Management Policy to include prohibiting the use of neonicotinoid insecticides on County owned or managed property, and clarifying and updating the policy consistent with current practices. c) BoCC-AIS-2014-12 -16PublicHealthandSocialServ ices-AnneButigan1314.pdf Adobe Acrobat Document 295 KB Description: Approval of a State of Washington Department of Commerce Emergency Solutions Grant program contract Contact: Gary Aden, Social Services Program Specialist III Action: Move to approve the State of Washington Department of Commerce Emergency Solutions Grant program contract to provide Emergency Shelter, Homeless Prevention and Rap id Rehousing services to homeless and at risk of homeless individuals and families in Thurston County for total maximum contract amount of $219,234 for the duration of January 1, 2015 through June 30, 2016; and authorize the Director of Public Health and Social Services to sign the contract. Thurston County - Board of County Commissioners Agenda BoCC-AIS-2014-12 -02PublicHealthandSocialServ ices-LydiaHodgkinson1422.pdf Adobe Acrobat Document 705 KB BoCC-AIS-2015-01 -06PublicHealthandSocialServ ices-LydiaHodgkinson0927.pdf Adobe Acrobat Document 218 KB Page 7 of 10 d) Description: Approval to amend Interfaith Works contract for the Overnight Shelter Program Contact: Gary Aden, Social Services Program Specialist III Action: Move to approve an amendment to the Interfaith Works contract for a revised total maximum contract amount of $275,368 and a revised termination date of November 30, 2015 for the continued operation of the Overnight Shelter program; and authorize the Director of Public Health and Social Services to sign the contract amendment. 7) BoCC-AIS-2015-01 -06PublicHealthandSocialServ ices-LydiaHodgkinson0901.pdf Adobe Acrobat Document 229 KB Commissioners' and County Manager Items a) Description: Consider adoption of ordinance amending the Thurston County Code relating to pet animals and the review and appeal process for potentially dangerous dog s or dangerous dogs. Contact: Scott Cushing, Deputy Prosecuting Attorney II Action: Move to consider adoption of an ordinance amending Section 9.10.050 and Section 9.10.070 of the Thurston County Code relating to regulations and violations relating to pet animals and the review and appeal process for potentially dangerous dog s or dangerous dogs. b) c) Description: Inter-local Agreement for Joint Animal Services Operations Contact: Scott Cushing, Deputy Prosecuting Attorney II Action: Move to approve an inter-local agreement between the City of Olympia, the City of Lacey, the City of Tumwater, and Thurston County enabling the continued joint operation of an animal shelter and the conduct of animal protection and control activities. BoCC-AIS-2015-01 -06CommissionersBeccaPilcher-1638.pdf Adobe Acrobat Document 202 KB BoCC-AIS-2015-01 -06CommissionersBeccaPilcher-1652.pdf Adobe Acrobat Document 517 KB Item Description: Commissioners will report on board work sessions and assigned committee meetings providing updates on actions taken as well as upcoming issues. e) Item Description: The County Manager will review the Board of County Commissioners schedule for the week of December 16, 2014 . f) Item Description: Adjournment - Motion: Move to adjourn the Board of County Commissioners meeting of December 16, 2014 . Thurston County - Board of County Commissioners Agenda Page 8 of 10 3:00 p.m.) a) Public Hearings Dept: Resource Stewardship Description: Hold a public hearing to accept and consider public comment on an amendment to the Thurston County Impact Fee Schedule - 2015 School District Impact Fees Contact: Cindy Wilson, Planner, Senior BoCC-AIS-2014-12 -16ResourceStewardshipJeremyDavis-1138.pdf Adobe Acrobat Document 83.0 KB Action: Move to approve a resolution amending the Thurston County Impact Fee Schedule to update the Olympia School District and Tumwater School District impact fees. b) Dept: Commissioners Description: Hold a public hearing to accept and consider public comments on changes to County Code chapter 5.49 -Mental Health, Chemical Dependency and Therapeutic Courts Sales and Use Tax. Contact: Barbara Burgener, Program Manager BoCC-AIS-2014-12 -16CommissionersBarbaraBurgener1257.pdf Adobe Acrobat Document 279 KB Action: Move to approve a resolution amending the County Code chapter 5.49 -Mental Health, Chemical Dependency and Therapeutic Courts Sales and Use Tax. c) Dept: Commissioners Description: Public Hearing Adopt 2015 ERRATA Budget Amendment Contact: Robin Campbell, County Manager, Assistant Action: Move to approve the 2015 ERRATA (Error and Technical Adjustment) Budget Amendments per Resolution including Attachments A & B. 3:30 p.m.) BoCC-AIS-2014-12 -16Auditor-TeresaWollan1218.pdf Adobe Acrobat Document 847 KB Board of Health Special meeting for the Board of Health with a separate agenda and minutes. Thurston County - Board of County Commissioners Agenda Page 9 of 10 5:30 p.m.) a) Public Hearings Dept: Public Works Description: Public Hearing to Consider the Transfer of Ownership of Portions of Moon Road SW, 183rd Ave. SW, 188th Ave. SW and 195th Ave. SW to the Confederated Tribe of the Chehalis Reservation (Chehalis Tribe) Contact: Pam Dittloff, Right of Way Agent, Senior BoCC-AIS-2014-12 -16PublicWorks-RuthPierce1525.pdf Adobe Acrobat Document 1.13 MB Action: Move to consider the transfer of ownership of portions of Moon Road SW, Anderson Road SW, 183rd Avenue SW, 188th Avenue SW and 195th Avenue SW to the Chehalis Tribe. b) Dept: Public Works Description: Public Hearing to consider the formation of a Transportation Benefit District in unincorporated Thurston County Contact: Ramiro Chavez, Director BoCC-AIS-2014-12 -16PublicWorksMarcieTaylor-1258.pdf Adobe Acrobat Document 257 KB Action: Move to consider the formation of a Transportation Benefit District in unincorporated Thurston County. Thurston County - Board of County Commissioners Agenda Page 10 of 10 Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 12/3/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: 3a Nadine Sordahl, Human Resources Specialist - Human Resources - 786-5451 Heidi Prihoda, Administrative Services Manager - Prosecuting Attorney 754-3355, x 6250 Item Title: A resolution reclassifying positions 09R00324 and 09R00326 in the Thurston County Pay and Classification Pay Plan. Action Needed: Pass Resolution Class of Item: Consent List of Exhibits Resolution - PAO Reclass VA to Sr VA 121614.doc Microsoft Word 97 2003 Document 36.5 KB 1021 Sr Victim Advocate Attachment A 121614.doc Microsoft Word 97 2003 Document 43.5 KB g PAO c d e f c Budget Office d e f g Notes: g FinSvcs c d e f g HR b c d e f c CAO d e f g c Other d e f g Recommended Action: Move to approve the resolution reclassifying positions 09R000324 and 09R00326 from Victim Advocates to a Senior Victim Advocates in the Thurston County Pay and Classification Pay Plan. Item Description: The Thurston County Prosecuting Attorney’s Office has employed Victim Advocates in the “Victim Advocate” Classification (#0172) since the position’s implementation in January 1996. In 2008 the PAO Victim Advocate staff had grown to 7 full time advocates working in 6 different criminal trial teams throughout the office. The PAO needed to identify a senior level Victim Advocate classification to provide the leadership and mentorship needed for the growing advocacy program. Two employees were identified for this role. These employees had over 13 years of systems based victim advocate experience. The PAO has worked with both employees in a temporary Senior Victim Advocate role since 2011 and they are recognized as experts in their advocacy roles. Reviews of their performance for the last 3 years, indicates they both meet the expectations for the Senior Victim Advocate classification. The Prosecuting Attorney’s Office is requesting to reclassify positions 09R00324 and 09R00326 from Victim Advocates to Senior Victim Ad vocates. The salary range for a Victim Advocate is $3721 - $4949 and the salary range for a Senior Victim Advocate is $3907 - $5197. The difference between the classifications top salary range is $248 or a 5% increase. Date Submitted: 12/3/2014 RESOLUTION NO. ______ A RESOLUTION reclassifying positions 09R00324 and 09R00326 in the Thurston County Pay and Classification Pay Plan. WHEREAS, it has been brought to the attention of the Thurston County Commissioners that the above positions should be reclassified, and; WHEREAS, it has been brought to the attention of the Thurston County Commissioners that the Thurston County Pay and Classification Pay Plan should be amended as follows; NOW, THEREFORE, the Board of County Commissioners of Thurston County, State of Washington, does resolve as follows: Section 1. The classification specification for Senior Victim Advocate shall be as provided in Attachment A. Section 2. The Thurston County Pay and Classification Pay Plan should be amended as follows: Office/Department: Prosecuting Attorney’s Office Previous Position Position No.: Classification: Spec. No.: FTE: Range: New Position 09R00324 and 09R00326 Victim Advocate 1021 1.0 10 Position No.: Classification: Spec. No.: FTE: Range: 09R00324 and 09R00326 Senior Victim Advocate 1021 1.0 11 Section 3. The effective date of the reclassification listed in Section 2 shall be January 1, 2015. ADOPTED: ____________________________ ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington Clerk of the Board Chair APPROVED AS TO FORM: Vice-Chair Lauren Spurgeon Interim Human Resources Director Commissioner ATTACHMENT A 1021 CLASSIFICATION SPECIFICATION SENIOR VICTIM ADVOCATE GENERAL DESCRIPTION The Senior Victim Advocate is a lead victim advocate who is a highly skilled and trained expert in multiple areas of victim advocacy disciplines. Routinely provides expert analysis and recommendations on the most complex and sensitive assignments. Leads, mentors and provides expert guidance to other Victim Advocates. This class specification reflects the general concept and intent of the classification and should not be construed as a detailed statement of all the work requirements that may be inherent in a position. ESSENTIAL JOB FUNCTIONS Leads and performs all the duties of a Victim Advocate. Serves as the advocate assigned to a specific felony trial team while working on a multidisciplinary team with attorneys, social workers, community and system based professionals, and others involved in the criminal justice system. Provides backup services to advocates. Works as a part of a trial team within the Thurston County Prosecuting Attorney’s Office to provide information, support, and referral to victims about justice system procedures. Participates in related activities such as training, committees, and task forces that strengthen the relationship of the Prosecuting Attorney’s Office to the larger community and advance the issues of crime victim advocacy. May be assigned to make presentations to community groups. Serves as an expert advisor in areas of victim services. Works with and mentors other staff and may be assigned as a supervisor to interns and/or volunteers. Assists with researching and gathering information for grants and other funding sources. Recommends modifications to program objectives, policies, procedures and strategies to improve services quality. Perform related duties as assigned. SENIOR VICTIM ADVOCATE Page 2 1021 DISTINGUISHING FEATURES Work involves knowledge of the criminal justice system and victim support systems within the community. Ability to counsel victims and witnesses who may be experiencing differing levels of distress, anxiety, anger, possible hostility, and other emotions and psychological responses. The Senior Victim Advocate classification is distinguished from other classifications by the responsibilities to serve as a lead, a mentor and expert to other Victim Advocates. In addition, the Senior Victim Advocate may be assigned to supervise interns and/or volunteers. WORKING CONDITIONS Work is performed primarily in an office environment. Minimal physical exertion is required. Substantial contact with the public, departmental staff, and other County departments. The incumbent may come into contact with individuals who are irate, argumentative and in highly emotional situations. The incumbent may be required or called upon to work non-standard business hours, evenings, and weekends. QUALIFICATIONS Bachelor’s degree with major course work in justice administration, counseling, psychology, social sciences or a related field. Master’s degree highly desired. Five years of increasing responsible experience interviewing and counseling clients involved in the justice system. Any combination of experience and training that would provide the required skills, knowledge and abilities to perform the work will be considered. Must possess an Intermediate or Advance Advocate Credentialing provided through the National Advocate Credentialing Program (NACP) or other professional equivalent credentialing. Thorough knowledge of laws and regulations related to victims/witness’ rights and the criminal justice system; procedures of Superior, District and Juvenile Courts; available community counseling resources and programs; and crisis intervention methods. Knowledge of the principles of mental health evaluation and diagnostic techniques; principles, techniques, and practice of interviewing and counseling; dynamics of sexual and physical abuse. SENIOR VICTIM ADVOCATE Page 3 1021 QUALIFICATIONS (cont.) Ability to provide initial evaluation and counseling services to crime victims; assess people and situations accurately and adopt effect courses of action; conduct interviews to accurately assess client needs; effectively assess each child’s developmental level and emotional state and to adapt interview techniques accordingly; and sensitively relate to and establish an immediate rapport with children of varying ages, developmental, emotional, and socio-economic levels. Ability to provide ongoing support services to crime victims; and interpret and apply applicable policies, procedures, laws and regulations. Ability to appear for scheduled work and complete assigned tasks with a reasonable period of time; communicate clearly, both orally and in writing; prepare reports, maintain detailed records and make presentations; analyze and evaluate investigative material; make sound decisions on difficult and unusual cases; and establish and maintain effective working relationships with child victims and their families, attorneys, law enforcement personnel, other agencies, co-workers, and the general public. Must be able to meet all traveling requirements of the position and maintain a current Washington State Driver's License or have requested and obtained an appropriate accommodation. Created 12/16/14 Non-exempt Union/non-union Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 3b Ruth Elder, Community Program Manager - Human Resources - 786-5135, 754-3355, x 7619 Ruth Elder, Community Program Manager - Human Resources - 786-5135, 754-3355, x 7619 Item Title: Approve the Board of Equalization's Request to Convene for the 2014 Assessment Year Action Needed: Pass Motion Class of Item: Consent List of Exhibits 64 0049 NOTICE OF APPROVAL 2014 Assessment Year.doc Microsoft Word 97 2003 Document 37.0 KB Recommended Action: Move to approve the Board of Equalization's request to convene for the purpose of hearing appeals for the 2014 assessment year and sign the Notice of Approval form. Item Description: Pursuant to RCW 84.48.010, the Board of Equalization, with the ap proval of the County Legislative Authority, may convene at any time when petitions exceed twenty -five, or ten percent of the appeals filed in the preceding year, whichever is greater. The Board of Equalization has received 757 petitions thus far for the 2014 assessment year, which is greater than ten percent of the 633 petitions filed for the 2013 assessment year. Therefore, the Board of Equalization requests the approval of the Board of County Commissioners to convene to hear the petitions for the 2014 assessment year. Date Submitted: 12/5/2014 NOTICE OF APPROVAL TO HEAR PROPERTY TAX APPEALS THURSTON COUNTY LEGISLATIVE AUTHORITY The county board of equalization, with the approval of the county legislative authority, may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater. (RCW 84.48.010) Pursuant to RCW 84.48.010, the Thurston County Legislative Authority hereby approves the County Board of Equalization’s request to convene for the purpose of hearing Thurston appeals filed for the current year. This approval is based on a finding that the requirements for convening under RCW 84.48.010 have been satisfied. DATED THIS 16th day of December (Month) , 2014 (Year) Karen Valenzuela, Chairperson Sandra Romero, Vice Chair Cathy Wolfe, Commissioner To ask about the availability of this publication in an alternate format for the visually impaired, please call (360) 705-6715. Teletype (TTY) users, please call (360) 705-6718. For tax assistance, call (360) 534-1400. Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/4/2014 Agenda Item #: 3c Allison Osterberg, Planner, Associate - Resource Stewardship - 754-3355, x 7011 Allison Osterberg, Planner, Associate - Resource Stewardship - 754-3355, x 7011 Item Title: Authorize the Resource Stewardship Director to execute an Amendment to a Professional Services Contract with ESA Associates Action Needed: Execute Contract Class of Item: Consent List of Exhibits Thurston Prof Svcs Contract ESA_Amendment2_1204 2014.pdf Adobe Acrobat Document 187 KB Recommended Action: Move to authorize the Director of Resource Stewardship to sign Contract Amendment No.2 to a Professional Services Contract with ESA Associates to complete work related to the development of an In Lieu Fee Mitigation Program. This is a grant funded project. Item Description: Thurston County received a grant from the state Department of Ecology to develop a pilot In Lieu Fee (ILF) mitigation program. An ILF program would provide an option to offset unavoidable impacts to wetland functions by allowing qualifying permit recipients to purchase credits. The County can pool this income to fund the restoration, creation, enhancement, or protection of these ecological functions elsewhere in the watershed. As part of this effort, the County entered into a contract with ESA Associates for $95,500 to assist in the technical development of the program. This amendment extends the consultant's deadline for their work in developing the program through June 2015, to match the current timeline for the grant program. Date Submitted: 12/4/2014 PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY/ ESA ASSOCIATES AMENDMENT NO. 2 THIS CONTRACT AMENDMENT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 2000 Lakeridge Drive S.W., Olympia, Washington 98502, hereinafter “COUNTY,” and ESA ASSOCIATES, with its principal offices at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, hereinafter “CONTRACTOR.” In consideration of the mutual benefits and covenants contained herein, the parties agree that Contract No. 2013-0523-01 executed on June 7, 2013, be amended as follows: 1. Section 1. DURATION OF CONTRACT a. The term of this Contract shall begin on June 7, 2013 and shall terminate on June 30, 2015. 2. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract remain in full force and effect. Executed in duplicate originals this _______ day of ___________________, 2014. CONTRACTOR: ESA Associates Thurston County, Washington By: ________________________________ By: _________________________________ Print Name: __________________________ Scott Clark, Director of Resource Stewardship Title: _______________________________ Date _______________________________ Contract No. 2013-0523-01 May 23, 2013 Date _______________________________ -1- Approved as to Form by the Prosecuting Attorney’s Office Reviewed 6/18/14 Contract No. 2013-0523-01 May 23, 2013 -2- Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 3d Lydia Hodgkinson, Administrative Assistant II - Public Health and Social Services - 8672503 Gary Aden, Social Services Program Specialist III - Public Health and Social Services - 867-2532 Item Title: Approval of Extensions of Town of Bucoda and City of Tenino contracts for Community Development Block Grant Projects Action Needed: Pass Motion Class of Item: Consent List of Exhibits 2014 Housing Bucoda Tenino contracts 121614.pdf Adobe Acrobat Document 169 KB b PAO c d e f g g Budget Office c d e f Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve amendments of Community Development Block Grant Program contracts with the Town of Bucoda and City of Tenino for revised end dates of August 31, 2015 and authorize the Director of Public Health and Social Services to sign the contract extensions. Item Description: The Board of County Commissioners on July 16, 2013 approved Community Development Block Grant projects in the town of Bucoda (for the replacement of failing water lines) and in the City of Tenino (sidewalks). These two projects have experienced delays in completion of the work required to comply with the federal CDBG regulations and are requesting an extension of the end dates to comply with those rules. The Town of Bucoda original end date was January 20, 2015 and the City of Tenino project was slated to end on February 21, 2015. This request is to amend b oth contracts extending the end dates to August 31, 2015 in order to allow completion of all required construction work and required documentation to comply with the federal regulations. The dollar amount of the contracts will not change, only the end date of the contracts will be affected by this action. These contracts address two Thurston Thrives Action Areas: For the Bucoda Water Line system repair, the Environment Action Team has established a goal of Keeping Water Clean and Restore Water Resources. For the Tenino sidewalks program, the Community Design action team has as its goal the creation of safe, convenient and abundant opportunity for physical activity. Date Submitted: 12/5/2014 2014 Budgeted Revenue 2 State Contracts $1.1m 1 HUD (HOME/CDBG) $2.5m 3 Fees (2060/2163) $1.7m 4 County/HHSC/Misc $340k Housing and Community Renewal $5.6m Administration $503k – 4.0 FTE’s (1,2,3,4) Construction $1.7m (1,2,3) O&M Coordinated Entry Homeless Coordinater $526k Rapid Rehousing Rental Assistance $2.3m Support Services Shelter $370k Social Services HHSC $234k (2,3) (2,3) (4) InterfaithWorks SideWalk Family Support Center Community Action Council Community Youth Services N.W. Resources Point-InTime (City of Olympia) The Salvation Army People’s House Community Action Council (3) PANZA City of Tenino City of Yelm Town of Bucoda HomesFirst! Habitat for Humanity Yelm Community Services Community Action Council Foundation for the Challenged Housing Authority of Thurston County Family Support Center Catholic Community Services Family Support Center SideWalk Community Youth Services Theresa Slusher Catholic Community Services Yelm Community Services Housing Authority of Thurston County InterfaithWorks Out of the Woods PANZA SafePlace The Salvation Army Budgeted expenditures, actual subcontract amounts may vary Behavioral Health Resources Catholic Community Services CHOICE Regional Health Network Community Youth Services Crisis Clinic Family Support Center Olympia Free Clinic SafePlace Senior Services Thurston County Food Bank YWCA Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 3e Tawni Sharp , Senior Management Analyst - Commissioners - 754-3355, ext. 6219 Robin Campbell, County Manager, Assistant - Commissioners - 709-3063 Item Title: Thurston County 2015 Final Levy Adoption Action Needed: Pass Resolution Class of Item: Consent List of Exhibits Resolution adopt FINAL levies 12-16 -14.doc Microsoft Word 97 2003 Document 28.5 KB Certification of Tax Levies 12-16-14.xls Microsoft Excel 97-2003 Worksheet 34.5 KB Recommended Action: Move to adopt the Resolution adopting the Thurston County 2014 final tax budgets for collection in 2015 for all taxing jurisdictions, as attached and incorporated by reference. Item Description: Estimated tax budgets were adopted by the Board of County Commissioners on October 28, 2014 by Resolution #15076. At that time, the Department of Revenue had not yet certified the amount of the state school levy and not all the information needed from the adjoining counties for districts located in multiple counties to calculate the levy rates for the Timberland Library, the school districts, and the cities and towns was availab le. The final data has now been submitted to Thurston County as seen in Exhibit A. Date Submitted: 12/5/2014 Resolution # A RESOLUTION adopting the Thurston County 2014 tax levies for 2015 collection. WHEREAS, pursuant to RCW 84.52.030 it is the duty of the Board of County Commissioners to levy taxes on all the taxable property in the county, within the limitations permitted by law, and pursuant to RCW 36.40.090 to fix the amount of the levies necessary to raise the amount of the estimated expenditures as determined in the final budget of the county, and pursuant to RCW 84.52.070 to certify to the county assessor of the county the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the board for each taxing district, within or coextensive with the county, for district purposes; and WHEREAS, the Department of Revenue has certified the amount of the state school levy; and WHEREAS, all information has been received from adjoining counties for districts located in multiple counties to calculate the levy rates for the Timberland Library, the school districts, and the cities and towns at this time; and WHEREAS, the Board of County Commissioners adopted the 2015 budget for Thurston County on October 28, by resolution #15075 and the 2014 estimated tax levies for collection in 2015 by resolution #15076; NOW, THEREFORE, BE IT RESOLVED, by the Thurston County Board of Commissioners of Thurston County as follows: 1. The list of tax levy calculations for Thurston County General levy, the Road District levy, the Medic One levy, and the Conservation Futures levy, contained in Exhibit 1, attached hereto and incorporated herein by reference, is hereby adopted as the Thurston County 2014 tax levies for 2015 collection; and 2. The list of tax levy calculations for all districts and levies and the tax levy calculations for the state school levy, the Port of Olympia, the Timberland Library, the School Districts, and the Cities and Towns and Fire Districts, attached hereto and incorporated herein by reference, is hereby adopted. Page 1 of 2 ADOPTED: ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington _____________________ Clerk of the Board _______________________________ Chair APPROVED AS TO FORM: JON TUNHEIM PROSECUTING ATTORNEY _______________________________ Commissioner _______________________________ Commissioner By: ______________________ Deputy Prosecuting Attorney Page 2 of 2 CERTIFICATION OF 2014 TAX DISTRICT BUDGETS for collection in 2015 DISTRICT Thurston County Medic 1 Conservation Futures County Road BREAKDOWN Current Expense less V & PH Administrative Refund Adjudicted Refund Total Current Expense less V & PH Veterans Administrative Refund Adjudicted Refund Total Veterans Public Health Administrative Refund Adjudicted Refund Total Public Health Less Diversion Road Diversion Timberland Regional Library Port of Olympia State Public Utility District #1 LEVY REQUEST $34,906,943.52 $78,898.59 $903.06 $34,986,745.17 $302,119.66 $708.16 $7.20 $302,835.02 $671,361.02 $1,573.16 $16.00 $672,950.18 $9,958,211.48 $1,259,479.97 $17,812,405.44 $3,250,000.00 $19,450,000.00 $5,009,484.14 $0.00 $261,352.98 CITIES & TOWNS City of Olympia Bond City of Tumwater Bond City of Tenino City of Bucoda City of Yelm City of Rainier City of Lacey Bond $13,490,530.92 $1,919,514.22 $7,535,385.98 $229,070.73 $265,835.00 $65,686.43 $1,112,055.00 $211,500.00 $5,707,368.00 $1,142,426.00 FIRE DISTRICTS Fire District No. 1 Bond Fire District No. 2 Fire District No. 3 Bond Fire District No. 4 Fire District No. 5 Bond Fire District No. 6 Fire District No. 7 Fire District No. 8 Bond See W Thurston FA $386,064.60 See SE Thurston FA $12,461,125.11 $437,552.00 See SE Thurston FA $733,929.40 $218,170.98 $2,014,070.74 $837,639.00 $1,493,442.00 paid off Page 1 of 2 CERTIFICATION OF 2014 TAX DISTRICT BUDGETS for collection in 2015 FIRE DISTRICTS continued Fire District No. 9 Bond Fire District No. 11 Bond Fire District No. 12 Fire District No. 13 Bond Fire District No. 15 Fire District No. 16 Fire District No. 17 Bond SE Thurston Fire Authority W Thurston Regional Fire Authority M&O $2,055,664.00 $437,725.00 See W Thurston FA $254,610.85 $572,237.71 $1,081,170.71 $235,000.00 $250,000.00 $44,610.00 $390,762.00 paid off $2,793,394.55 $2,663,599.00 $570,000.00 CEMETERY DISTRICTS Cemetery District No. 1 Cemetery District No. 2 $58,644.48 $151,000.00 SCHOOL DISTRICTS Yelm School Dist. #2 North Thurston School Dist. #3 Tumwater School Dist. #33 Olympia School Dist. #111 Rainier School Dist. #307 Griffin School Dist. #324 Centralia School Dist. #401L Rochester School Dist. #401 Tenino School Dist. # 402 M&O Bond M&O Bond M&O Bond M&O Bond Capital Projects M&O Bond M&O Bond M&O M&O Bond M&O $10,100,000.00 $4,200,000.00 $32,641,241.36 $18,821,418.00 $14,198,175.24 $10,662,000.00 $22,728,910.00 $11,627,872.35 $459,873.23 $1,690,000.00 $600,000.00 $2,250,000.00 $1,220,000.00 $5,647,759.40 $3,878,087.84 $1,525,000.00 $2,855,909.00 PARK DISTRICT Tanglewilde Park District 6 Year Levy $61,206.00 Page 2 of 2 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 3f Tawni Sharp , Senior Management Analyst - Commissioners - 754-3355, ext. 6219 Robin Campbell, County Manager, Assistant - Commissioners - 709-3063 Item Title: 2015 Refunding Bond Sale Resolution Action Needed: Pass Resolution Class of Item: Consent List of Exhibits Bond ResolutionThurston CountyLTGO Ref Bonds 2013 for 12-16-14 BOCC.doc Microsoft Word 97 2003 Document 126 KB Recommended Action: Move to approve and authorize the bond resolution providing for the issuance, sale and delivery of not to exceed $17,100,000 aggregate principal amount of limited tax general obligation refunding bonds to provide funds necessary to refund certain outstand ing general obligation bonds of the County. Item Description: There are p resently par value Limited Tax General Obligation Bonds not to exceed $17,100,000, maturing on or after December 1, 2015. After due consideration, all or a portion of the Refunding Candidates may be refunded in a manner that will be most advantageous to the County to its taxpayers. Date Submitted: 12/5/2014 ERROR: cannot convert document 'C:\Users\sp_admin\AppData\Local\Temp\tmp9C01.doc' Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/21/2014 Agenda Item #: 3g Cristi Campanile, Contracts/Purchasing Coordinator - Central Services - 867-2096 Martin Casey, Director - Central Services - 75 4-2974 Item Title: Approve Amendment No. 2 to the Op erating Agreement for Community Access Cable Television with Thurston Community Television Action Needed: Pass Motion Class of Item: Consent List of Exhibits File Attachment b PAO c d e f g g Budget Office c d e f Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve and sign Amendment No. 2 to the Thurston Community Television (TCTV) Agreement. Item Description: On July 22, 2014 the Board approved Amendment No. 1 to the Thurston Community Television Agreement for project management of the equipment upgrades for local access to Public, Education and Government (PEG) television broadcasts. This work will be for the Thurston County Commission Chambers Rooms 280 and 152, located in Building One of the Thurston County Courthouse. Installation was initially estimated to be complete by December 31, 2014. TCTV has re-evaluated the project timeline in light of design considerations and equipment ordering lead times, and requires the completion date to be adjusted. The work is now scheduled to be complete by June 30, 2015. Amendment No. 2 will change the date of completion for the project to June 30, 2015 and is under review as to form with the PAO. Date Submitted: 11/26/2014 Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 12/8/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: 3h Nadine Sordahl, Human Resources Specialist - Human Resources - 786-5451 Scott Clark, Director - Resource Stewardship - 709-3005 Item Title: Resource Stewardship - A resolution establishing position 09R01272 in the Thurston County Pay and Classification Pay Plan. Action Needed: Pass Resolution Class of Item: Consent List of Exhibits Resolution - Establish Ed.OutreachII .50FTE 121614.doc Microsoft Word 97 2003 Document 35.5 KB c PAO d e f g c Budget Office d e f g Notes: c FinSvcs d e f g b HR c d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve the resolution establishing project position 09R01272, Education and Outreach Specialist II, in the Thurston County Pay and Classification Pay Plan with an end date on or before March 31, 2015. Item Description: Resources Stewardships Water Resources Division (WRD) is requesting to establish a halftime project positon with an end date. Since May of this year one of the two WRD’s Education and Outreach Specialist II’s tasked with providing ratepayer funded education and outreach as required under the County’s NPDES Municipal Stormwater Permit was out on extended family medical leave (FML). The department received approval to backfill this positon with a temporary employee through the end of 2014. The regular employee has returned from extend ed FML in a halftime capacity as a transition accommodation for the remainder of the 2014 calendar year. During this transition p eriod, the remaining 20 hour/week workload balance has been p icked up by the temporary hire. Recently, the transitioning staffer has requested to work permanently at a half-time capacity. The WRD Manager and the Resource Stewardship Director are considering this request, but need time to determine whether converting this single FTE position into two half-time positions will still meet the WRD’s business needs. During this evaluation period the establishment of the project position would allow the WRD to avoid disruptions of the workflow and planning process currently underway. This position is currently funded by storm & surface water utility. Resource Stewardship, Water Resources, is requesting to establish a 0.50 Full Time Equivalency (FTE) Education and Outreach Specialist II project position with an end date of March 31, 2015. The salary range for a 0.50FTE Education Outreach Specialist II is $2,262 - $3,008. This position is funded by storm & surface water utility. Date Submitted: 12/8/2014 RESOLUTION NO. ______ A RESOLUTION establishing position 09R01272 in the Thurston County Pay and Classification Pay Plan. WHEREAS, it has been brought to the attention of the Thurston County Commissioners that the above position should be established, and; WHEREAS, it has been brought to the attention of the Thurston County Commissioners that the Thurston County Pay and Classification Pay Plan should be amended as set forth below; NOW, THEREFORE, the Board of County Commissioners of Thurston County, State of Washington, does resolve as follows: Section 1. The Thurston County Pay and Classification Pay Plan should be amended as follows: Office/Department: Resource Stewardship New Position Position No: Classification: Spec. No.: FTE: Range: 09R01272 Education and Outreach Specialist II 1352 0.50 14 ADOPTED: ____________________________ ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington Clerk of the Board Chair APPROVED AS TO FORM: Vice-Chair Lauren Spurgeon Interim Human Resources Director Commissioner Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/20/2014 Agenda Item #: 3i Linda Lawson, Office Assistant, Senior - Central Services - 786-5420, x 6433 Martin Casey, Director - Central Services - 75 4-2974 Presenter #2: Martin Casey, Director - Central Services - 75 4-2974 Item Title: TCTV PEG Video Project Action Needed: Pass Motion Class of Item: Consent List of Exhibits File Attachment Recommended Action: Move to approve the recommendation for Thurston Community Television to award and accept the proposal from Olympic Technology of Edmonds, Washington, for the design of the TCTV PEG Video Project, in the amount of $8,768.00, including 10% contingency. Item Description: On July 22, 2014, the Board approved an agreement for Thurston Community Television (TCTV) to serve as project manager for the upgrade of television production, audio/visual, and other related equipment in County Commission meeting rooms, in support of local access Pub lic, Education and Government television prog ramming at a total project cost not to exceed $280,000. This project is fully funded from dedicated local access Public, Education, and Government funds and will provide for the upgrade of audio/visual systems in both Room 280 and Room 152. On December 11, 2014, three bids for design of the TCTV PEG Video Project were reviewed by the TCTV project manager and Central Services project management staff. Following review of the proposals, we recommend that project design be awarded to the lowest proposer, Olympic Technolog y of Edmonds, Washington, in the amount of $7,791.00, excluding contingency. The design process will include consultation meetings with County staff. Design is estimated to be completed by the end of February, 2015. Central Services and TCTV will set a Board briefing to review and approve the list of equipment purchase specifications. Date Submitted: 12/11/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/12/2014 Agenda Item #: 3j Bob Bartusch, - District Court - 867-2474 Brooke Marshall, Superior Court Admin istrator - Superior Court - 786-5559 Presenter #2: Bob Bartusch, - District Court - 867-2474 Item Title: Request Approval to Extend a Superior Court contract for Professional Services through March 31, 2015 Action Needed: Execute Contract Class of Item: Consent List of Exhibits Professional Services Contract - 1 of 9 - DrugDUI Court Program thru 12-31 -2014.pdf Adobe Acrobat Document 1.01 MB b PAO c d e f g b Budget Office c d e f g Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to extend an existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services between: Nine independent EMDR Therapists and Thurston County in an amount not to exceed $4,999 for each of the 9 therapists. The 9 contracts are set to expire on December 31,2014. Item Description: The move to extend is for the existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services is between: Nine independent EMDR Therapists and Thurston County in an amount not to exceed $4,999 for each of the 9 therapists (total not to exceed $44,991). The 9 contracts are set to expire on December 31,2014 (in the interest of efficiency only 1 of 9 EMDR contracts is submitted as an exhibit for this AIS; all 9 contracts are identical in content for each individual therapist). The extension allows for Superior Court to develop and implement a competitive Request for Proposal (RFP) process and to select independent vendors based on the criteria set forth in the RFP. The extension request includes authorization for the Presiding Judge of Superior Court to execute the contract extension. The ability of the court to advance an RFP prior to the expiration of each contract mentioned above was directly related to the extended medical absence of the Drug/DUI court Administrator during the period September through December 2, 2014 and the scheduled subsequent leave of the same administrator d uring the period December 26, 2014 through January 2, 2015. Date Submitted: 12/12/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/15/2014 Agenda Item #: 3k Bob Bartusch, - District Court - 867-2474 Brooke Marshall, Superior Court Admin istrator - Superior Court - 786-5559 Presenter #2: Bob Bartusch, - District Court - 867-2474 Item Title: Request Approval to Extend a Superior Court contracts for Professional Services through March 31, 2015 Action Needed: Execute Contract Class of Item: Consent List of Exhibits Professional Services Contract PCA20141008120428.pdf Adobe Acrobat Document 4.01 MB b PAO c d e f g g Budget Office b c d e f Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve the extension of the existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services between: Pierce County Alliance and Thurston County in an amount not to exceed of $54,993 for the extension period of one quarter. The contract extension is requested for the period of January 1,2015 through March 31,2015. The extension request includes authorization for the Presiding Judge of Superior Court to execute the contract extension. Item Description: The move to extend is for the existing Professional Services Contract for Superior Court, Drug/DUI Court Support Services between: Pierce County Alliance and Thurston County in an amount not to exceed $54,993. The contract extension is requested for one quarter; for the period of January 1,2015 through March 31,2015. The annualized amount not to exceed from the prior contract was $219,972. The extension allows for Superior Court to develop and implement a comp etitive Request for Proposal (RFP) process and to select a vendor based on the criteria set forth in the RFP. The extension request includes authorization for the Presiding Judge of Superior Court to execute the contract extension. The ability of the court to advance an RFP prior to the expiration of the contract mentioned above was directly related to the extended medical absence of the Drug/DUI court Administrator during the period September through December 2, 2014 and the scheduled subsequent leave of the same administrator during the period December 26, 2014 through January 2, 2015. Date Submitted: 12/15/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/12/2014 Agenda Item #: 3L Danielle Westbrook, Commissioner's Assistant - Commissioners - 786-5414 Allison Osterberg, Planner, Associate - Resource Stewardship - 754-3355, x 7011 Item Title: Appointments to the Chambers Lake Drainage District No. 3 Action Needed: Other Class of Item: Consent List of Exhibits File Attachment Recommended Action: Move to appoint Tom Eckhout to Position 1 on the Chambers Lake Drainage District No. 3 for the term beginning December 18, 2014 to February 2, 2016, the next special district general election for this position. Move to appoint Paul Strand to Position 2 on the Chambers Lake Drainage District No. 3 for the term beginning December 18, 2014 to February 2, 2016, the next special district general election for this position. Move to appoint Cara Bork to Position 3 on the Chambers Lake Drainage District No. 3 for the term beginning December 18, 2014 to February 2, 2016, the next special district general election for this position. Item Description: RCW 85.38.070, Governing board - Terms of office - Election - Appointment - Vacancies Qualifications - #5 "Whenever a vacancy occurs in the governing body of a special district, the legislative authority of the county within which the special district, or the largest portion of the special district, is located, shall appoint a district voter to serve until a person is elected, at the next special district general election occurring sixty or more days after the vacancy has occurred, to serve the remainder of the unexpired term. The person so elected shall take office immediately when qualified as defined in RCW 29.01.135." Date Submitted: 12/12/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/18/2014 Agenda Item #: 3m Nadine Sordahl, Human Resources Specialist - Human Resources - 786-5451 Lauren Spurgeon, Interim HR Director - Human Resources - 786-5498, x 7304 Item Title: A resolution setting the 2015 and 2016 benefits and the 2015 cost of living adjustment for positions 10R00437, 10R00438, and 11R00533. Action Needed: Pass Resolution Class of Item: Consent List of Exhibits Resolution - HR - Set benefits 2015 for Sheriff Chiefs 120914 Final.docx Microsoft Word Document 20.1 KB Recommended Action: Move to approve the resolution setting the 2015 and 2016 benefits and the 2015 cost of living adjustment for positions 10R00437, 10R00438, and 11R00533. Item Description: On October 28, 2014, Human Resources briefed the Board of County Commissioners about the 2015 and 2016 benefits and salaries for the three Sheriff’s Office Chief Deputy positions which recently changed from union to non-union positions. On July 30, 2014, the county filed a unit clarification petition with the Public Employment Relations Commission (PERC) seeking removal of the Chief Deputy positions from the bargaining unit. The union did not oppose the petition and on August 28, 2014, PERC granted the request. The Sheriff requests that the salary and benefits agreed upon while the Chief Deputies were covered under former collective bargaining agreement should remain in effect through the December 31, 2016. Date Submitted: 11/19/2014 RESOLUTION NO. ______ A RESOLUTION setting the 2015 and 2016 benefits, the 2015 cost of living adjustment (COLA), and sick leave rates for incumbent Chief Deputies in the Sheriff’s Office, positions 10R00437, 10R00438, and 11R00533. WHEREAS, the Public Employment Relations Commission, Decision 12148 (PECB, 2014) removed the three positions classified as Chief Deputy – Corrections, Chief Civil Deputy, and Chief Criminal Deputy from the Thurston County Sheriff’s Office Captains’ Association; and, WHEREAS, the Sheriff requests the positions receive the same benefits and salaries for 2015 and 2016 as had been agreed upon in the Thurston County Sheriff’s Office Captains’ Association collective bargaining agreement through December 31, 2016; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Thurston County, State of Washington, as follows: Section 1. Cost of Living Adjustment (COLA). On January 1, 2015, the salaries of the Chief Deputy – Corrections, Chief Civil Deputy, and Chief Criminal Deputy shall be increased by two percent (2%). For 2016, the Chief Deputy – Corrections, Chief Civil Deputy, and Chief Criminal Deputy will receive the same percentage COLA as the Thurston County Sheriff’s Office Captains’ Association. Section 2. 2015 and 2016 Benefits. The County shall pay full premiums for employee coverage for medical, dental, vision and basic life under the County’s insurance plan for the Chief Deputy – Corrections, Chief Civil Deputy, and Chief Criminal Deputy. The County shall pay dependent coverage for the Chief Deputy – Corrections, Chief Civil Deputy, and Chief Criminal Deputy up to a maximum of the dollar amount payable for dependents under the plan designated as the standard plan by the County. Section 3. Sick Leave. Employees shall accrue eight (8) hours of sick leave for each completed calendar month of service to a maximum of eleven hundred twenty (1,120) hours. Employees are authorized to receive a severance pay for accumulated sick leave at the rate of one-half of the accumulated sick leave upon retirement after five years’ service, but in no event to exceed payment for four hundred sixty (460) hours. Effective January 1, 2017, the sick leave maximum accrual rate and sick leave severance pay shall be the amounts as listed in Chapter 4 of the Thurston County Rules and Policies. Section 4. The provisions set forth above only applies to those incumbents in the positions on August 28, 2014 and shall remain in effect through December 31, 2016, or shall end upon the retirement date of incumbent; whichever occurs first. ADOPTED: ____________________________ ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington Clerk of the Board Chair APPROVED AS TO FORM: Vice-Chair Jon Tunheim Prosecuting Attorney Commissioner Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/2/2014 Agenda Item #: 4a Katie Pruit, Planner, Associate - Resource Stewardship - 786-5490 ext. 6485 Katie Pruit, Planner, Associate - Resource Stewardship - 786-5490 ext. 6485 Item Title: Adopt 2014-2015 Official Docket of Development Code Amendments Action Needed: Pass Motion Class of Item: Department List of Exhibits Final Dev Code Docket_12162014.docx Microsoft Word Document 27.3 KB Recommended Action: Move to adopt the 2014-2015 Official Docket of Development Code Amendments. Item Description: The Thurston County Code (TCC) Chapter 2.05, Growth Manag ement Public Participation establishes the County’s docketing process for considering suggested amendments to development regulations pursuant to the RCW 36.70A.470. The development code docket includes amendments to the following sections of the Thurston County Code: 1. 2. 3. 4. 5. 6. Buildings and Construction, Title 14 State Environmental Policy Act, Chapter 17.09 Platting and Subdivision, Title 18 Shoreline Master Program, Title 19 Zoning, Titles 20, 21, 22, and 23 Critical Areas, Title 24 The Board of County Commissioners reviewed the preliminary docket of development code amendments on December 18, 2013. Minor changes were made to the preliminary docket and a 20 -day written public comment period followed. The Board was briefed a second time on January 30, 2014 and directed staff to prepare a final docket with the amendments listed below. Two items have been added to the initial Board recommendation: Project A-1 to amend the County’s appeal procedures and remove the Board from the quasi-judicial review process was added per Board recommendation (November 2014). The 20-day written public comment period concluded December 12, 2014. Project number A-4, included on the preliminary docket, is now an urgent priority. The state department of ecology has amended the wetland rating system with changes effective January 1, 2015. The wetland values in our critical areas ordinance will no longer be valid without an amendment. Proposed docket items are listed in order of priority. Staff available to work on the development code docket is limited to .25 FTE. Given that staffing level, we anticipate completion of 4 to 5 items in 2015. Once items are placed on the final docket, they will be forwarded to the Planning Commission for review and recommendation as allowed by County budget and staffing resources. Project Number A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 Proposed 2014-2015 Official Docket of Development Code Amendments Minimum Estimated Staff Proposed Title an d Affected Code Hours Amend Appeal Procedures to Remove the Board from the 50 Quasi-Judicial Review Process (All Codes) Penalties and Enforcement (All Codes) 50 Set Final Regulations for State-Licensed Marijuana Producers, 240 Processors and Retailers (All Zoning Codes) Critical Areas Ordinance Revisions (Title 24) 40 Remove or Mod ify Building Size Limits in Rural Zones for 90 Schools and Public Works Facilities (Title 20) Wireless Communication Facilities (Titles 20, 21, 22, & 23) 100 Amend the UGA Zoning Codes for Urban Agriculture 60 Better Define Personal Social Event and Event (All Cod es) 240 Set Regulations for Food Trucks and Espresso Stands (Titles 120 20, 21, 22, & 23) Site Plan Review for Uses that do not Require a Building Permit (Titles 20 & 23) Amend the Tumwater UGA and Rural Zoning Codes for the Airport Overlay (Titles 20 & 22) Total Date Submitted: 12/2/2014 40 60 1090 2014-15 OFFICIAL DOCKET OF DEVELOPMENT CODE AMENDMENTS A-1 Legal Counsel A-2 Proposal Title & Affected Code Amend the Thurston County Code Appeal Procedures to remove the Board of County Commissioners from the Quasijudicial Review Process. All Development Codes Penalties and Enforcement All Land Use Codes Summary Issues/Analysis Appeal procedures (including development code procedures) provide an opportunity to appeal Hearing Examiner decisions to the Board of County Commissioners. This amendment would direct Hearing Examiner appeals to be made pursuant to state law. Due to the complexity of appeals made to the Hearing Examiner, there is a need for a judicial review. Hearing Examiner appeals would be appealed pursuant to state law and would not go to the Board of County Commissioners. Amend all land use codes to strengthen the penalties and expand the options for attaining compliance with code provisions. Current enforcement options are ineffective Increased fines, double fees, liens on property, public notification of violations, recording of violation notices against property, and other actions should be used, as appropriate. A-3 Set Final Regulations for State-Licensed Marijuana Producers, Processers and Retailers All Zoning Codes State-licensed marijuana producers, processers and retailers are authorized by Chapter 69.50 RCW. Thurston County does not currently have final regulations governing the placement of these operations. On November 12, 2013, Thurston County adopted Ordinance No. 14944, which established interim regulations governing state-licensed marijuana producers, processors and retailers. The ordinance also established a one-year work program to adopt final regulations. A-4 Critical Areas Ordinance Revisions Title 24 Make corrections and adjustments to the critical areas ordinance adopted in 2012 to increase usability, understanding, references, and address issues brought forward through the implementation of the new critical areas ordinance. The new critical areas ordinance was adopted in July 2012. Amendments were made to correct errors, references and address issues brought forward through the implementation of the new critical areas ordinance. As staff continues to work with the new regulations, more issues have or may develop that need to be addressed in a timely fashion. Examples may include fixes to the prairie definition, geologically hazard area definitions, and issues regarding older nonconforming uses. Page 1 of 3 2014-15 OFFICIAL DOCKET OF DEVELOPMENT CODE AMENDMENTS A-5 Proposal Title & Affected Code Remove or Modify Building Size Limits in Rural Zones for Schools and Public Works Facilities Title 20 School Districts Public Works A-6 Wireless Communication Facilities Titles 20, 21, 22, and 23 Wireless Industry A-7 Citizen A-8 Citizen Amend the UGA Zoning Codes for Urban Agriculture Titles 21, 22, 23 Better Define Personal Social Event and Event All Codes Summary Issues/Analysis Amend the Rural Residential/ Resource 1/5, Rural 1/10, Rural 1/20 and Urban Reserve zones to include criteria to allow larger school sites with existing nonconforming schools. The intent is not to create a blanket building size exemption for school sites. These zones were amended in 2007 to place blanket restrictions on building size. The size limits were increased in July 2010 for fire stations. The unintended effect was to severely limit or prohibit some traditionally rural and public land uses. School districts have requested an exemption from the size limits. The size limits do not allow school districts to replace existing nonconforming schools. Size limits can be established Public Works has also requested through the State Environmental Policy Act an exemption to the building size (SEPA) or the Special Use Permit process limits for the R 1/10 zoning on a site-specific basis. district. The Tilley Rd. Facility has reached the maximum building site coverage. This is affecting the gas pump canopy project and the replacement of the sand shed. A development code request has been submitted requesting the county revise regulations in its wireless communications regulations (Chapter 20.33 TCC) to permit programmatic approvals, implement recently adopted federal laws (2012), update language, and simplify the site upgrade process, including fence requirements. Citizens have requested the County to amend the three Urban Growth Area (UGA) zoning codes to be consistent with current city regulations for small farm animals such as chickens. The term “event” is not currently defined in the zoning codes. Should it be one day or an entire holiday weekend? Additionally, the definition for personal social event has been found to be overly inclusive and inadequate to protect nearby residences. Chapter 20.33 TCC was enacted in 2003. It has not been amended since then to accommodate changes in federal law regarding site upgrades. As currently written, the county may not be able to meet review timelines set in federal law. Changes may also need to be made to wireless communication regulations in the urban growth area zoning ordinances. Staff will assess applicable zoning regulations in all four zoning ordinances. Recently, the cities have amended their zoning codes to allow for residents in lower density zoning districts to have a limited number of chickens. Currently, the three UGA zoning codes do not allow small farm animals. The lack of a definition for “event” and the inadequate definition for “personal social event” has caused some adverse impacts recently in the rural area. There have been several nuisance complaints regarding noise and time duration for “events” and “personal social events”. Page 2 of 3 2014-15 OFFICIAL DOCKET OF DEVELOPMENT CODE AMENDMENTS A-9 Proposal Title & Affected Code Set Regulations for Food Trucks and Espresso Stands Titles 20, 21, 22, 23 Citizen A-10 Site Plan Review for Uses that do not Require a Building Permit Titles 20 & 23 A-11 Amend the Tumwater UGA and Rural Zoning Codes for the Airport Overlay Titles 20 & 22 Citizen Summary Issues/Analysis The codes are currently silent on food trucks and espresso stands. They are becoming increasingly popular. The codes need to be updated to acknowledge their existence. Currently, for land use purposes staff treats them either as accessory to an existing convenience store with no permit required or as a stand-alone business requiring site plan review similar to a stick-built store. A middle ground may be more appropriate and should be driven by the length of stay at a site. Chapters 20.37 TCC and 23.60 do not include these uses for needing a site plan review. The zoning codes for the Tumwater and Lacey UGAs already address this issue. Currently some commercial projects do not trigger an administrative site plan review because there is no associated building permit. These include auction yards, parking lots, Uses that do not require a building permit businesses operating from may still cause off-site impacts that need to vehicles or tents, and other uses. be addressed. These impacts can be addressed through the site plan review process. The County added an airport Airport hazard overlays are intended to overlay to the comprehensive ensure compatible land uses in airport plan in 2005, but did not amend approach areas. The County has no special the zoning ordinances in the overlay for airport approach zones in Title Rural area to add the overlay. 20. A section is in the Tumwater UGA The City of Tumwater updated Zoning Ordinance, but has not been updated their regulations in 2004. The to reflect changes to the overlay made by County has received a citizen the City in 2004. request to update the zoning ordinances. Page 3 of 3 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/3/2014 Agenda Item #: 4b Cindy Wilson, Planner, Senior - Resource Stewardship - 786-5475 Cindy Wilson, Planner, Senior - Resource Stewardship - 7 86-5475 Item Title: Set the Official Docket of Comp rehensive Plan Amendments for 2015 Action Needed: Pass Motion Class of Item: Department List of Exhibits File Attachment Recommended Action: Move to approve the 2015 Official Docket of Comprehensive Plan Amendments. Item Description: Each city and county planning under the Growth Management Act (36.70A.470 RCW) is required to have a procedure for any interested person to suggest comprehensive plan and d evelopment regulation amendments. In Thurston County, there is one docket for amend ments to the Thurston County Comprehensive Plan and one docket for amendments to development regulations. The sug gested amendments are added to a preliminary docket for either comprehensive plan amendments or development regulations. Each year, the Board of County Commissioners reviews the preliminary docket and compiles a final official docket of Comprehensive Plan amendments. Some amendments are multi-year p rojects and others may not be completed in the current year. Typically, there are more items proposed for the docket than can be accommodated by staff resources. If items are not completed, they are rolled over into the next year’s p reliminary docket. For 2015, the Board reviewed a list of items on the Preliminary Docket against staff and County priorities in the fall of 2014, and then solicited public comment. Only those projects that are regulatory mandates, grant funded, directed by the Board, or serve the broader public interest such as school districts and fire stations will be on the docket. As indicated at the Novemb er 6, 2014 Board of County Commissioners briefing, there is not sufficient staff or time to take on any add itional issues. Some applicants have offered additional funds to pay for processing their applications. This issue is under evaluation. Following the close of the p ublic comment period on the d ocket, the Board held a work session to review the public comment, and to review Planning Department staffing resources, and may have an additional work session. Based on the Board’s guidance staff is in the process of developing a proposed draft Official Docket. More information on each project is available on the County’s website. Date Submitted: 12/3/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/3/2014 Agenda Item #: 4c Allison Osterberg, Planner, Associate - Resource Stewardship - 754-3355, x 7011 Allison Osterberg, Planner, Associate - Resource Stewardship - 754-3355, x 7011 Item Title: Authorize the Resource Stewardship Director to execute a Professional Services Contract with Thurston Regional Planning Council Action Needed: Execute Contract Class of Item: Department List of Exhibits ProfessionalServicesCont ract_TRPC_LID120415 revised.pdf Adobe Acrobat Document 769 KB Recommended Action: Move to authorize the Director of Resource Stewardship to sign a Professional Services contract with Thurston Regional Planning Council to extend assistance related to Low -Impact Development (LID) code revisions through December 2016, not to exceed $196,050. Item Description: Thurston County is required to review and update its codes to enable Low Impact Development (LID) practices under the 2013-2018 National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit. The code revision process must be completed by December 31, 2016 and will require extensive coordination between Thurston County Resource Stewardship and Public Works as well as outside jurisdictions (Olympia, Lacey, Tumwater). The Water Resource's Stormwater program has funds budgeted to assist in the coordination of the code updates. This contract builds on the work completed in the first eight months of the update process (May-December 2014) and will retain TRPC to provide additional capacity to coordinate and facilitate this effort over the remainder of the code update schedule (though December 2016). TRPC will continue to assist in facilitating an internal work group, establishing an external stakeholder group, and working with other jurisdictions to ensure compatibility for codes that apply to Urban Growth Areas (UGAs), as well as developing a public outreach strategy to assist with implementation of any changes to codes that come out of the update process. Date Submitted: 12/4/2014 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 2000 Lakeridge Drive S.W., Olympia, Washington 98502, hereinafter “COUNTY,” and THURSTON REGIONAL PLANNING COUNCIL with its principal offices at 2424 Heritage Ct, Suite A, Olympia, WA, 98502 hereinafter “CONTRACTOR.” In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. TERM OF CONTRACT a. The term of this Contract shall begin on the date last executed below, and shall terminate on 12/31/2016. 2. SERVICES PROVIDED BY THE CONTRACTOR a. The CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract. b. The CONTRACTOR shall perform the following services: Coordination, facilitation, research, and project management related to the update of Thurston County codes to meet Low-Impact Development (LID) standards. See Exhibit A for a detailed Scope of Work. c. A detailed description of the services to be performed by the CONTRACTOR is set forth in Exhibit A, which is attached hereto and incorporated herein by reference. d. The CONTRACTOR agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the COUNTY. e. The CONTRACTOR shall perform according to standard industry practice of the work specified by this Contract. f. The CONTRACTOR shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. g. The CONTRACTOR shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY’S request, the CONTRACTOR shall prepare and present status reports on its work. 3. SERVICES PROVIDED BY THE COUNTY a. In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following: 1 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A i. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR’S services. ii. Coordination with other COUNTY departments or other consultants as necessary for the performance of the CONTRACTOR’S services. iii. Services documents, or other information identified in Exhibit A. 4. CONTRACT REPRESENTATIVES a. Each party to this Contract shall have a contract representative: CONTRACTOR Representative and COUNTY Representative. Each party may change its Representative upon providing written notice to the other party. The parties’ Representatives are as follows: b. For CONTRACTOR: Name of Representative: Paul Brewster Title: Senior Planner Mailing Address: 2424 Heritage Ct. SW, Suite A City, State and Zip Code: Olympia, WA 98502 Telephone Number: (360) 956-7575 Fax Number: (360) 956-7815 Email Address: [email protected] c. For COUNTY: Name of Representative: Scott Clark Title: Director, Resource Stewardship Mailing Address: 2424 Heritage Ct. SW, Suite A City, State and Zip Code: Olympia, WA 98502 Telephone Number: (360) 709-3005 Fax Number: (360) 754-2939 Email Address: [email protected] 2 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 5. COMPENSATION a. For the services performed hereunder, the CONTRACTOR shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the COUNTY to the CONTRACTOR under this Contract shall not exceed $196,050. b. No payment shall be made for any work performed by the CONTRACTOR, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. c. The CONTRACTOR may, in accordance with Exhibit B, submit invoices to the COUNTY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONTRACTOR performed work for the COUNTY during the billing period. The COUNTY shall pay the CONTRACTOR for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. d. The CONTRACTOR shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the COUNTY. e. In the event the CONTRACTOR has failed to perform any substantial obligation to be performed by the CONTRACTOR under this Contract and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONTRACTOR, withhold any and all monies due and payable to the CONTRACTOR, without penalty until such failure to perform is cured or otherwise adjudicated. “Substantial” for purposes of this Contract means faithfully fulfilling the terms of the Contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONTRACTOR will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY. 3 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONTRACTOR’S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONTRACTOR or subcontractor infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONTRACTOR’S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONTRACTOR’S obligations hereunder shall apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents or subcontractors. b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or subcontractor under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONTRACTOR expressly waives any immunity the CONTRACTOR might have had under Title 51 RCW. By executing the Contract, the CONTRACTOR acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONTRACTOR makes with any subcontractor or agent performing work hereunder. c. The CONTRACTOR’S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR’S employees, agents or subcontractors. 8. INSURANCE a. Commercial General Liability: The CONTRACTOR shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract or be no less than $2,000,000 4 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A i. Coverage shall include personal injury, bodily injury and property damage for Premises/Operations Liability, Products/Completed Operations, Personal/Advertising Injury, Contractual Liability, Independent Contractor Liability, and Stop Gap/Employer’s Liability. Coverage shall not exclude or contain sub-limits less than the minimum limits required, unless approved in writing by the County. ii. The CONTRACTOR may satisfy the minimum liability limits required above for Commercial General Liability or Business Automobile Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit for either Commercial General Liability or Business Auto Liability. iii. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy. b. Automobile Liability: The CONTRACTOR shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000 each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles. Coverage may be satisfied by endorsement to the Commercial General Liability policy. c. Professional Legal Liability: The CONTRACTOR, if he is a licensed professional, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR’S profession and shall be written subject to limits of not less than $1,000,000 per loss. i. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONTRACTOR’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. ii. Each claims made type policy and all renewals must have a Retroactive Date of, or prior to, the effective date of this Agreement. For each “Claims-Made” policy accepted by the County, a Supplemental Extended Reporting Period (SERP) shall be purchased, at CONTRACTOR’s sole expense, with an extended reporting period of not less than three (3) years in the event the policy is cancelled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or there is any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) policy during the term of this Agreement or thereafter. The CONTRACTOR agrees CONTRACTOR’s insurance obligation shall 5 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A survive the completion or termination of this Agreement for a minimum period of three years. Workers’ Compensation (Industrial Insurance): The CONTRACTOR shall maintain Workers’ Compensation coverage as required under the Washington State Industrial Insurance Act, RCW Title 51, for all CONTRACTOR’s employees, agents and volunteers eligible for such coverage under the Industrial Insurance Act. d. Other Insurance Provisions: i. Primary, Non-contributory Insurance. The CONTRACTOR’S and CONTRACTOR’S subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All CONTRACTOR’s and CONTRACTOR’s subcontractors’ liability insurance coverage letter must indicate this primary coverage. ii. Waiver of Subrogation. CONTRACTOR hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit CONTRACTOR to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the CONTRACTOR enter into such a waiver of subrogation on a pre-loss basis. iii. Subcontractors. The CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. iv. No Limitation on Liability. The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the CONTRACTOR under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the CONTRACTOR. v. Payment Conditioned on Insurance. The CONTRACTOR shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. Compensation and/or payments due to the CONTRACTOR under this Agreement are expressly conditioned upon the CONTRACTOR’s strict compliance with all insurance requirements. Payment to the CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of CONTRACTOR’s compliance, payments not 6 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A otherwise subject to withholding or set-off will be released to the CONTRACTOR. vi. Failure to Report. 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. vii. Verification of Coverage and Acceptability of Insurers: 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. viii. Endorsements and Certificates of Insurance. The CONTRACTOR shall, for each required insurance policy, provide a Certificate of Insurance or coverage letter, with endorsements attached, evidencing all required coverage, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverage, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to the Director of the Resource Stewardship Department, 2000 Lakeridge Dr Sw, Olympia, WA 98502. underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY. 1. Certificates of Insurance shall show the COUNTY contract number to which it applies, show the certificate holder as Thurston County with the Office or Department issuing the Contract, and include c/o of Thurston County Risk Management Division. The address of the Certificate Holder shall be shown as 2000 Lakeridge Drive, Olympia, WA 98502-6045. 2. Written notice of cancellation or change of insurance policies shall be mailed to the COUNTY at the following address: Attn: Risk Management Human Resources MS: B4-2HR 2000 Lakeridge Drive S.W. Olympia, Washington 98502 ix. Review of Policy Provisions. Upon request, the CONTRACTOR shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverage and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any 7 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or selfinsured retentions exceeding $25,000, stop loss provisions, and/or exclusions contained in such policies must be approved by the County in writing. For any deductibles or self-insured retentions exceeding $25,000 or any stop-loss provisions, the County shall have the right to request and review the CONTRACTOR’s most recent annual financial reports and audited financial statements as a condition of approval. 9. TERMINATION a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines in its sole discretion that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONTRACTOR. In that event, the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONTRACTOR. After the effective date, no charges incurred under this Contract are allowable. c. If the CONTRACTOR breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Contract, in which case the COUNTY shall pay the CONTRACTOR only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Contract. Upon such termination, the COUNTY, at its discretion, may obtain performance of the work elsewhere, and the CONTRACTOR shall bear all costs and expenses incurred by the COUNTY in completing the work and all damage sustained by the COUNTY by reason of the CONTRACTOR’S breach. If, subsequent to termination, it is determined for any reason that (1) the CONTRACTOR was not in default, or (2) the CONTRACTOR’S failure to perform was not its fault or its subcontractor’s fault or negligence, the termination shall be deemed to be a termination under subsection a of this section. 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONTRACTOR shall perform the terms of the Contract using only its bona fide employees or agents who have the qualifications to perform under this Contract. The obligations and duties of the CONTRACTOR under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the COUNTY. 8 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A b. The CONTRACTOR warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 11. NON-WAIVER OF RIGHTS a. The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 12. INDEPENDENT CONTRACTOR a. The CONTRACTOR’S services shall be furnished by the CONTRACTOR as an Independent Contractor and not as an agent, employee or servant of the COUNTY. The CONTRACTOR specifically has the right to direct and control CONTRACTOR’S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONTRACTOR acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract, and the CONTRACTOR is not entitled to any COUNTY benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to COUNTY employees. c. The CONTRACTOR shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent or representative of the CONTRACTOR shall be or deem to be or act or purport to act as an employee, agent or representative of the COUNTY. d. The CONTRACTOR shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONTRACTOR and as to all duties, activities and requirements by the CONTRACTOR in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. e. The CONTRACTOR agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY’S Representative or designee. 9 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 13. COMPLIANCE WITH LAWS a. The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 14. INSPECTION OF BOOKS AND RECORDS a. The COUNTY may, at reasonable times, inspect the books and records of the CONTRACTOR relating to the performance of this Contract. The CONTRACTOR shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 15. NONDISCRIMINATION a. The CONTRACTOR, its assignees, agents or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran or military status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 16. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the CONTRACTOR for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONTRACTOR harmless therefore to the extent such use is agreed to in writing by the CONTRACTOR. b. An electronic copy of all or a portion of material produced shall be submitted to the COUNTY upon request or at the end of the job using the word processing program and version specified by the COUNTY. 17. DISPUTES a. Differences between the CONTRACTOR and the COUNTY, arising under and by virtue of this Contract, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the COUNTY’S Representative or designee as noted in Paragraph 4 above. All rulings, orders, instructions and decisions of the COUNTY’S 10 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A Representative shall be final and conclusive, subject to the CONTRACTOR’S right to seek judicial relief pursuant to Section 18. 18. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington. 19. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the COUNTY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the COUNTY may, in its sole discretion, terminate this Contract. 20. ENTIRE AGREEMENT a. The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 21. NOTICES a. Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 11 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was mutually negotiated and specifically agreed to by the parties herein. CONTRACTOR: Thurston County, Washington THURSTON REGIONAL PLANNING COUNCIL Firm: By: By: Scott Clark Title: Title: Director, Resource Stewardship Signature: Signature: (Authorized Representative) Date : Date : Address: 2424 Heritage Ct, Suite A Olympia, WA 98502 Approved as to Form by the Prosecuting Attorney’s Office 12 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A EXHIBIT A SCOPE OF WORK 1. The services provided by the CONTRACTOR under this Contract, which is described in Section 1 of the Contract (SERVICES PROVIDED BY THE CONTRACTOR), is set forth as follows: SCOPE OF WORK Integrating Low Impact Development (LID) into Thurston County Municipal Codes, Plans, and Business Practices Prepared for: Prepared by: Water Resources Program, Thurston County Resource Stewardship Department Thurston Regional Planning Council Date prepared: November 21, 2014 OVERVIEW Thurston County’s 2013-2018 National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit (also known as a municipal stormwater permit) requires Thurston County to make “Low-Impact Development” or LID, the preferred and commonly used approach to site development, where feasible, by December 31, 2016. LID is a stormwater management strategy that by design minimizes impervious surfaces, maximizes native vegetation retention, and manages stormwater onsite as much as possible. LID attempts to mimic undisturbed or pre-development conditions to control the flow of stormwater entering receiving waters such as streams, rivers, and the Puget Sound. In May 2014, Thurston County initiated a process to review its codes, plans, and standards and consider means to encourage LID practices, per the Phase II Western Washington Municipal Stormwater Permit. The county entered into a professional services contract with Thurston Regional Planning Council (TRPC) for assistance. TRPC is facilitating the county’s LID code integration process using Puget Sound Partnership’s Integrating LID into Local Codes: A Guidebook for Local Governments, July, 2012. As detailed below, Phase 1 of this project was completed under a previous contract and scope of work – this scope establishes continuity by outlining work already completed as well as new tasks. The cities of Lacey, Olympia, and Tumwater are conducting concurrent code revision processes to achieve the same LID code revision objectives as Thurston County. The county will work closely with the cities to share information and coordinate efforts. Within the unincorporated urban growth areas of Lacey, Olympia, and Tumwater, the county will strive to maximize consistency with the city code updates. From January 1, 2015, to December 31, 2016, Thurston Regional Planning Council (TRPC) will continue partnering with Thurston County to lead and facilitate the code revision process. TRPC will work closely with County staff, the affected cities, and external stakeholders throughout the process to ensure that critical input is captured to position the county to readily adopt supporting codes and plans. This 20152016 scope of work builds upon the tasks included in the 2014 contract. Thurston County LID Integration Strategy, 2014-2016 Goal: Thurston County will be positioned to implement “Low-Impact Development” or LID, as the preferred and commonly used approach to site development, where feasible, by December 31, 2016. Objectives: 1. Convene a process following Puget Sound Partnerships’ Integrating LID into Local Codes: A guidebook for Local Governments, July 2012. 2. Revise as necessary all Thurston County municipal codes, development regulations, and the comprehensive plan to remove barriers to implementing LID 13 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 3. 4. 5. 6. 7. 8. 9. 10. and make LID the preferred and commonly used approach to site development, where feasible. Engage county staff from appropriate departments to provide the expertise to review existing code and create draft revisions. Coordinate the code revision process for the unincorporated urban growth areas of Lacey, Olympia, and Tumwater. Convene a panel of external stakeholders consisting of both private and public sector professionals such as builders, architects, engineers, landscape professionals, public safety officials, and others. Identify the education and training needs of county personnel who are responsible for permitting, plan and development proposal review, construction site inspection and enforcement, and inspection and maintenance of stormwater infrastructure and facilities. Brief department directors, the Board of County Commissioners, and the Planning Commission and other appropriate standing committees (e.g., Storm and Surface Water Advisory Board) on key project milestones. Increase staff and public awareness and education about LID approaches. Conduct public outreach to solicit feedback on proposed stormwater development code changes and land use regulations. Adopt the necessary policies, land use, stormwater codes and regulations, and procedures to enable Thurston County to implement LID BMPs where feasible. PROJECT PARTNERS, COMMITTEES, AND ROLES TRPC TRPC will be responsible for convening and facilitating the Thurston County Internal Workgroup, the Inter-jurisdictional Workgroup, and the External Stakeholder Committee. TRPC will schedule meetings, set agendas, take notes, and summarize and report findings to the workgroups and the committee described above. TRPC will convene Thurston County and the cities of Lacey, Olympia, and Tumwater and other stakeholders to resolve emerging issues throughout the process. TRPC will also assist Thurston County in developing a public involvement and education strategy to support the adoption and implementation of the LID code revisions. County Internal Workgroup Thurston County will appoint key staff from departments that are presently involved with permit review activities, stormwater management programs, or programs or services that will be affected by LID implementation. The workgroup will consist of staff with expertise in stormwater engineering, street design standards, building codes, construction, landscaping, parks facilities, maintenance, development review, code enforcement, public works, planning, and public safety. This workgroup will serve as the county’s primary working body in all phases of this project. The workgroup will meet monthly to discuss issues related to LID implementation and business processes, identify barriers, review existing codes and regulations, draft revisions, and make recommendations for policy makers. Other county staff not serving on the workgroup may be assigned an advisory role as needed. Inter-jurisdictional UGA Workgroup: Lacey, Olympia, and Tumwater Key staff involved in LID implementation efforts in Lacey, Olympia, Tumwater, and Thurston County will form an inter-jurisdictional workgroup. This workgroup will convene regularly to share information, coordinate the necessary revisions to policies, codes, and planning agreements, and identify opportunities to leverage resources that pertain to LID implementation in the respective urban growth areas. External Stakeholder Committee An advisory committee of external stakeholders will be established to serve as a sounding board to the county. The Committee will meet regularly through 2015 and early 2016 to offer constructive feedback on the draft proposed codes and standards that will be developed through the LID code integration process. Individuals representing the development community, architects, engineers, business owners, fire district, 14 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A law enforcement/public safety representatives, and others will be recruited to serve on this committee. The Committee meetings will be open to the public. General Public and Interested Parties Residents, developers, business owners, tribes, school districts, and other local governments will be invited to attend public meetings to learn about and be provided an opportunity to comment on proposed code revisions. SERVICES PROVIDED BY THURSTON COUNTY Thurston County will provide the following services: Assign lead staff to assist TRPC with process coordination, logistics, and serve as the county’s internal project manager. Lead staff will attend all scheduled Internal Workgroup, Inter-jurisdictional Workgroup, External Stakeholder Committee, and LID public outreach meetings. Lead staff will be responsible for coordinating schedules, agendas, and staff reports for the Board of County Commissioners, the Planning Commission, the Storm and Surface Water Advisory Board, and other county committees as necessary. Lead staff will be responsible for coordinating legal review of any proposed code changes through the Thurston County Prosecuting Attorney’s office. Appoint key departmental staff to serve on the county’s Internal Workgroup and attend all scheduled workgroup meetings as appropriate. Assume lead roles as Internal Workgroup members with reviewing development codes, regulations, and plans that are related to their respective departments, positions, or assigned duties. This includes completing worksheets, drafting code revisions, and preparing other materials as appropriate to support the code integration process. Evaluate the need to contract for technical design or engineering resources for illustrations of various types of development scenarios comparing current and proposed code and standards to assist with the public outreach and engagement component of the project. SERVICES PROVIDED BY TRPC PHASE 1 ASSESSMENT AND WORKGROUP ESTABLISHMENT (Completed) Phase 1 and its associated tasks were completed in 2014. They are shown in this scope of work to establish continuity with the 2014 contract. This section is for reference only. Task 1: Perform assessment of local agencies’ barriers analysis to LID integration. This includes an assessment of County’s and the cities’ status toward integrating and implementing LID, their readiness to coordinate Inter-jurisdictional planning efforts, and briefing key jurisdiction staff on the assessment findings. Task 1 Deliverables Completed 1. Written summary of initial findings from interviews, barriers analysis, and research. 2. TRPC planned and guided an LID field trip of three project sites in Olympia on October 3 in conjunction with the “Adapting to Low Impact Development” Vision to Action Symposium. In addition, TRPC created an online interactive LID project story map on TRPC.org. Task 2: Establish Composition, Purpose, and Roles and Responsibilities of Thurston County’s Internal Workgroup Task 2 Deliverables Completed 1. A 10-member County Internal Workgroup was established by charter. The Workgroup has attended four meetings as of November 3. One additional meeting is scheduled for 15 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 2. December 1, 2014. A project collaboration SharePoint site was established by TRPC to support the Internal Workgroup. It provides an online workspace for TRPC and county staff to perform document collaboration and information sharing. Workgroup meeting calendar, agendas, materials, and notes are available on the SharePoint site. Task 3: Map and describe current Thurston County stormwater permit process and procedures, strengths, weaknesses, and opportunities Task 3 Deliverables Completed 1. The Internal Workgroup discussed Thurston County permit processes and identified the need for educational materials, but efforts to map the permit process were considered unnecessary by the Workgroup during the first phase. 2. An Internal Workgroup code revision and meeting schedule was created for 2014-2015. PHASE 2 CODE REVISION AND EXTERNAL STAKEHOLDER REVIEW, 2014-2016 This phase was initiated in 2014 and will extend through 2015 and possibly early 2016. It includes tasks to research and disseminate information on LID practices that are available or implemented in other communities that may be applicable to the county. All applicable existing codes and design standards will be reviewed and revised as necessary to achieve the objectives of this project. The county’s internal workgroup will convene to evaluate all code revisions. The Inter-jurisdictional Workgroup will coordinate all code revisions as they pertain to the unincorporated urban growth areas in Lacey, Olympia, and Tumwater. The External Stakeholder Committee will review and provide the county feedback on draft code revisions. The success of Phase 2 is contingent upon the efforts of Lacey, Olympia, Tumwater and Thurston County achieving the deliverables in Tasks 5 through 7. Internal Workgroup Code Revision Facilitation Task 4: January 2015 – First Quarter 2016, Facilitate Internal Workgroup code revisions and policy amendments review processes for Thurston County Code Titles 20-23 (several meetings), and other applicable plans and regulations. Task 4.1 TRPC will research LID model codes and best management practices, conduct County code audits, and draft options and recommendations for the Internal Workgroup to consider. Task 4.2 Using the LID Code Revisions Action Table (Attachment A) and the Workgroup Schedule devised by TRPC in Phase 1 (Attachment B), TRPC will facilitate the Internal Workgroup meetings to review, revise, and seek consensus on draft codes. In carrying out this process, TRPC and the County will use the Department of Ecology’s Low Impact Development Code Update and Integration Toolkit and its worksheets. The following code topics will be addressed: Buildings Bulk and Dimensional Considerations Clearing and Grading Critical Areas and Shoreline Management Design Guidelines and Standards Hard and Impervious Surfaces Healthy Soils Landscaping, Native Vegetation, and Street Landscaping Parking Site Planning and Assessment 16 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A Stormwater Management and Maintenance Streets and Roads Subdivisions and Planned Unit Development Task 4 Deliverables 1. Agendas and meeting summaries from all Internal Workgroup meetings (a minimum of ten meetings) convened in 2015-16. 2. A completed LID Analysis and Recommendation Worksheet for each of the code revision topics shown above. 3. First iteration drafts for relevant code revision topics shown on Attachment A. Inter-jurisdictional Workgroup Facilitation TASK 5: January 2015, Establish Composition, Purpose, and Roles and Responsibilities of individual Inter-jurisdictional UGA Workgroups (this task carries over from the 2014 Contract). Task 5.1 Meeting one clarifies expectations between the county and the respective jurisdiction and establishes meeting norms and schedules (completed November 2014). Task 5.2 Develop and seek adoption of Inter-jurisdictional Workgroup Charter to reach member agreement on the roles and responsibilities of the members during the January 6, 2015 meeting. Task 5.3 Discuss need and scope for LID-Specific Joint Planning Agreements for the unincorporated urban growth areas of Lacey, Olympia, and Tumwater. Task 5 Deliverables 1. Inter-jurisdictional Workgroup Charter TASK 6: January 2015 – First Quarter 2016: TRPC will facilitate the Inter-jurisdictional Workgroup meetings to review, revise, and seek consensus on draft codes. This workgroup will coordinate the code revisions for the unincorporated urban growth areas using the LID Code Revisions Action Table (Attachment A) and the Workgroup Schedule devised by TRPC in Phase 1 (Attachment B). TASK 6.1 Pending the need and approval of the jurisdictions, reach initial agreements for Draft LIDSpecific Joint Planning Agreements between Thurston County and the cities of Lacey, Olympia, and Tumwater. Task 6 Deliverables 1. Agenda and meeting summaries from all Inter-jurisdictional Workgroup meetings (a minimum of five meetings). 2. First iteration draft code revisions for the unincorporated urban growth areas of Lacey, Olympia, and Tumwater. 3. Up to three draft LID-Specific Joint Planning Agreements between Thurston County and the cities of Lacey, Olympia, and Tumwater. External Stakeholder Code Review Facilitation TASK 7: January 2015 - February 2016, Establish and facilitate External Stakeholder Committee review of proposed LID codes and standards Task 7.1 Identify and recruit an 8 to 12 member External Stakeholder Committee. Task 7.2 Schedule, convene, facilitate, and summarize meetings. Task 7.3 Establish and achieve consensus on the External Stakeholder Committee Charter. Task 7.4 Facilitate discussions and gather feedback on the draft codes that have passed through both workgroups review and revision processes. Task 7.5 Summarize meeting results and committee member feedback. Process results and provide options and suggestions for code revisions to the workgroups, as appropriate. Task 7 TRPC Deliverables 1. Agendas and meeting summaries for up to 6 External Stakeholder Committee meetings. 2. Options and suggestions for draft code revisions for consideration by both workgroups, the External Advisory Committee, and SSWAB. 17 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A Finalize Draft Code Revisions Task 8: Finalize Draft Code Revisions for Public Review Task 8 TRPC Deliverables 1. Final draft code revisions that have passed review through both workgroups, the External Advisory Committee, and SSWAB. PHASE 3 Public Review and Adoption, 2015-2016 Phase 3 consists of outreach, education, and the public involvement component of the code revision process that occurs prior to adoption of the revised code. Public Outreach and Education TASK 9: January 2015 to December 2016, Communication, Outreach, and Education. Task 9.1 TRPC will work jointly with county staff to identify and develop content for the project website (Thurston County will host content) and other materials such as press releases, meeting invitations, and posters. Task 9.2 TRPC will help coordinate with affected local agencies to plan and design a public outreach and communication strategy for reviewing and soliciting feedback on the proposed code revisions. Task 9.3 TRPC will work jointly with county staff to identify the outreach and educational needs, including the types of materials, presentations, and events necessary during code review, development, and deployment of the LID code revisions. Task 9 Deliverables 1. A general public outreach and communication strategy for LID update project (expected first quarter 2016). 2. Creation of a general audience LID Code Integration Website hosted on Thurston County’s website. 3. LID educational materials (audience, purpose, and content to be determined per the strategy developed under Task 9.2). 4. Summary of public comments. Public Review and Adoption TASK 10: January 2016 – December 2016, Public review and adoption process. TRPC will assist Thurston County with setting agendas and preparing materials up to the adoption of the revised codes. This assistance may take the form of the following types of activities: Public Open House Meetings Storm and Surface Water Advisory Board Meetings Planning Commission Meetings Board of County Commissioner Briefings and Work Sessions Public Hearings Adoption Task 10 Deliverables 1. Specific details of the public engagement activities will be identified in the Public Outreach Strategy per Task 9.2 (expected first quarter 2016). TASK 11: January 2015 – December 2016, Project administration. TRPC will administer and manage the project as outlined under this agreement. Responsibilities under this task include developing and maintaining the project schedule, ensuring regular and effective communication with the county and with other project participants (e.g., workgroups, committees, and other stakeholders), maintaining project records, compliance with procurement procedures, providing monthly progress and financial reports to the County, and assisting with other reporting as needed. Task 11 Deliverables 1. TRPC will meet with the Thurston County lead staff members at least twice a month in person or on the phone to coordinate and review the work program schedule and tasks. 18 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A 2. TRPC will submit a monthly invoice and a narrative report for all work performed. 19 PROFESSIONAL SERVICES CONTRACT Thurston County/Thurston Regional Planning Council 2015-2016 Exhibit A Thurston County LID Integration Process Timeline: January 2015 to December 31, 2016 2015 Phase 2 (January 2015-First Quarter 2016) JAN FEB MAR APR MAY JUN JUL AUG SEP 2016 Phase 3 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Task 4: Internal Workgroup Facilitation & Code Revisions Task 5 :Establish Inter-jurisdictional Workgroup Task 6: Inter-jurisdictional Workgroup Facilitation & Code Revisions Task 7: External Stakeholder Committee Review of Proposed Code Revisions Task 8: Draft Code Revisions for Public Review Task 9: Public Outreach and Education Task 10: Public Review and Adoption Process Task 11: Project Administration Note: Pha s e 1 i ncl uded Ta s ks 1-3. Thes e ta s ks were compl eted i n 2014. 20 NOV DEC PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY / TC EXHIBIT B COMPENSATION 2. The CONTRACTOR’S compensation under this Contract, which is described in Section 5 of the Contract (COMPENSATION), is set forth as follows: Task Task 4: Internal Workgroup Facilitation, Code Review & Revision Task 5: Inter-jurisdictional Workgroup Establishment Task 6: Inter-jurisdictional Workgroup Facilitation, Code Review & Revision Task 7: External Stakeholder Facilitation and Code Review 2015 (staff time) 2016 (staff time) Totals $49,600 $10,500 $2,000 $60,100 $2,000 $24,000 $6,000 $23,200 $5,800 Task 8: Finalize Draft Code Revisions for Public Review $6,500 $4,000 $10,500 Task 9: Public Communication, Outreach, and Education $5,000 $15,000 $20,000 $22,000 $22,000 Task 10: Public Review and Adoption $30,000 $29,000 Task 11: Project Administration $9,225 $9,225 $18,450 Direct Costs (Printing, supplies, meeting refreshments) $2,000 $2,000 $4,000 $121,525 Total $74,525 $196,050 Personnel Hourly Rates* (includes salary and overhead) Paul Brewster, Senior Planner $88 Michael Burnham, Associate Planner $71 Erin Cahill, Project Assistant $56 Veena Tabbut, Senior Planner $95 * 2015 & 2016 Personnel rates subject to reclassification study, COLA, and step increases Contract No. 01-2015-TRPC December 4, 2014 Page1 of 1 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/26/2014 Agenda Item #: 4d Jeremy Davis, Planner, Senior - Resource Stewardship - 754-3355, x 7010 Andrew Deffobis, Planner, Associate - Resource Stewardship - 786-5467 Item Title: Approval of an Interlocal Agreement with Washington Department of Fish and Wildlife for the development of the Thurston Prairie Habitat Conservation Plan. Action Needed: Pass Motion Class of Item: Department List of Exhibits 14-02365-grant agreement-federal funds 2.FINAL FOR BOCC 12.12.14.pdf Adobe Acrobat Document 372 KB b PAO c d e f g c FinSvcs d e f g c Budget Office g d e f g c CAO d e f Notes: Risk Management Review c HR d e f g b Other c d e f g Recommended Action: Move to authorize the Resource Stewardship Director to sign and act as a contract representative for an Interlocal Agreement with Washington Department of Fish and Wildlife in the amount of $551,687 for the development of the Thurston Prairie Habitat Conservation Plan and Environmental Imp act Statement, including contract amendments and extensions as necessary and allowed. Item Description: Thurston County was awarded a Section 6, Habitat Conservation Planning Grant (HCP) from the United States Fish and Wildlife Service (USFWS). Long Range Planning included the HCP funds in the 2014 and 2015 adopted budget. Administratively, HCP funds are considered pass through funds meaning that USFWS awards the funds to the Washington Dep artment of Fish and Wildlife (WDFW), who then disburses funds to Thurston County. WDFW retains a portion of HCP funds to p erform work in supp ort of the HCP's development as well as grant administration. WDFW has req uested that Thurston County enter into an interlocal agreement with WDFW. Staff is seeking the Board's authorization of the interlocal agreement. This interlocal agreement is for Phase III of the HCP process. It will cover expenses related to the development of the National Environmental Policy Act and State Environmental Policy Act Environmental Impact Statement as well as a portion of the County's adoption process for the HCP, and other related expenses. The County is currently in the process of interviewing and hiring a consultant to draft the Environmental Impact Statement. The interviews should take p lace in early January, after which, staff will return to the Board of County Commissioners for final approval of the consultant. Date Submitted: 12/10/2014 GRANT AGREEMENT TITLE: Thurston Prairie HCP Year 3 WDFW NUMBER: 14-02365 GRANTEE: Thurston County CONTRACT PERIOD: 10/01/2014 to 12/31/2015 TYPE: Payable / Grant / Sub-Recipient Federal CONTRACT VALUE: $551,687.00 A. PARTIES TO THIS CONTRACT This contract is entered into between the Washington State Department of Fish and Wildlife (WDFW), 600 Capitol Way North, Olympia, WA 98501-1091; and Thurston County (Grantee), 2000 Lakeridge Dr SW, Olympia, WA 98502; and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF CONTRACT The purpose of this contract is to provide a grant award to the Grantee for the project specified herein. C. DESCRIPTION OF PROJECT The Grantee shall perform the project as described in Attachments, which are incorporated herein by this reference: Attachment “A” General Terms and Conditions Attachment “B” Contract/Project Summary Attachment “C” Statement of Work The Grantee is a subrecipient of federal funds as identified under “Federal Funding Information” in Attachment “B.” D. PERIOD OF PERFORMANCE The performance period under this contract shall commence on 10/01/2014 and terminate on 12/31/2015. No expenditures made before or after this period are eligible for reimbursement unless incorporated by written amendment into this contract. The contract may be terminated or the performance period extended pursuant to terms set forth in Attachment "A." E. COMPENSATION / PAYMENT The total dollars provided by WDFW for this contract shall not exceed $551,687.00. The Grantee shall be responsible for all project costs exceeding this amount. Only eligible reimbursement activities that are in direct support of the project deliverables identified in this contract will be reimbursed. Any additional services provided by the Grantee must have prior written approval of WDFW. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted to the Project Manager by the Grantee not more often than monthly. The invoices shall describe the document to WDFW's satisfaction, a description of work performed, activities accomplished, or the progress of the project. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by WDFW within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. WDFW may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for the services rendered if the Grantee fails to satisfactorily comply with any term or conditions of this contract. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties of this contract are subject to this contract, including the Attachments, which are incorporated herein by this reference. By signing this contract the Grantee acknowledges that they have read, fully understand, and agree to be bound by all terms and conditions set forth in this contract. Page 1 of 22 G. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND WDFW POLICIES The Grantee shall comply with, all applicable state, federal, and local laws and regulations, including published WDFW policies, while performing under this contract H. ORDER OF PRECEDENCE In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable Federal and State of Washington statutes and regulations. Special Terms and Conditions (including Attachment “C” – Statement of Work) as contained in this basic contract instrument. Attachment “A” - General Terms and Conditions. Any other provision, term or material incorporated herein by reference or otherwise incorporated. I. CONTRACT REPRESENTATIVES The below named representatives for each of the parties shall be the contact people for all communications and billings regarding the performance of this contract. All written communications regarding this contract shall be sent to the designated representatives at the addresses below unless notified in writing of any change. Grantee's Representative Jeremy Davis 2000 Lakeridge Dr. SW Olympia, WA. 98502-6045 (360) 754-3355 ext. 7010 [email protected] Scott Clark Building 1 Olympia, WA, 98502 (360) 709-3005 [email protected] WDFW's Representative Julie Henning 600 Capitol Way N Olympia, WA. 98501-1091 (360) 902-2255 [email protected] J. ENTIRE CONTRACT This contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No other understandings, verbal or otherwise, regarding this contract shall exist or bind any of the parties. K. APPROVAL This contract shall be subject to the written approval of WDFW'S authorized representative and shall not be binding until so approved. This contract may be altered, amended, or waived only by a written amendment executed by both parties. IN WITNESS WHERE, WDFW and the Grantee have signed this contract. THURSTON COUNTY WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ________________________________________ Signature and Date ________________________________________ Signature and Date ________________________________________ Printed Name and Title ________________________________________ Printed Name and Title Page 2 of 22 Attachment A GENERAL TERMS AND CONDITIONS Grant Agreement Federal Funds DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. "AGENCY" shall mean the Department of Fish and Wildlife of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY. B. "AGENT" shall mean the AGENCY Director, and/or the delegate authorized in writing to act on the Director's behalf. C. “CFR” shall mean the Code of Federal Regulations. All references in the contract to CFR chapters or sections shall include any successor, amended or replacement regulations. D. "GRANTEE" shall mean any organization or individual that is performing service(s) under this contract, and shall include all employees of the GRANTEE. E. “RCW” shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes. F. "Subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this contract under a separate contract with the GRANTEE. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier. G. “USC” shall mean United States Code. All references in the contract to USC chapters or sections shall include any successor, amended or replacement statutes. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this contract to AGENCY, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’S reports, including computer models and methodology for those models. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY. AMENDMENTS This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 Both parties shall comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. ASSIGNMENT The work to be provided under this contract, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. Page 3 of 22 ATTORNEYS’ FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. BUY AMERICAN ACT The GRANTEE shall comply with 41 USC 10a-10c (the “Buy American Act”) by purchasing only Americanmade equipment and products with contract funds except articles, materials, and supplies — a) for use outside the United States; b) for which the cost would be unreasonable, as determined in accordance with federal regulations; c) for which the AGENCY determines that domestic preference would be inconsistent with the public interest; or d) that are not mined, produced, or manufactured in the United States in sufficient and reasonable available commercial quantities, of a satisfactory quality. CENTRAL CONTRACTOR REGISTRATION AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) Unless exempt under 2 CFR 25.110, the GRANTEE shall comply with 2 CFR 25 and be registered in the federal Central Contractor Registration (CCR) system; maintain an active CCR registration with current information at all times during the period of performance for this contract; and provide its DUNS number to the AGENCY. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The GRANTEE shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after due notice and examination by the AGENT that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this contract. In the event this contract is terminated as provided above, the AGENCY shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract by the GRANTEE. The rights and remedies of the AGENCY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the AGENT makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract. COST PRINCIPLES AND AUDIT REQUIREMENTS The GRANTEE agrees to comply with the costs principles of the below listed federal regulations as appropriate for this contract: OMB Circular A-87 (State, Local and Indian Tribal Governments) OMB Circular A-21 (Educational Institutions) OMB Circular A-122 (Nonprofit Organizations) The GRANTEE agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of Contract funds) are not satisfactorily and promptly addressed. COPYRIGHT PROVISIONS Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials. Page 4 of 22 Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, the GRANTEE hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY. The GRANTEE shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract. The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the GRANTEE. COVENANT AGAINST CONTINGENT FEES The GRANTEE warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the GRANTEE for securing business. The AGENCY shall have the right, in the event of breach of this clause by the GRANTEE, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DAVIS-BACON AND RELATED ACTS If any work performed by the GRANTEE or Subcontractor employees is subject to the Davis Bacon Act and Davis-Bacon prevailing wage provisions contained in applicable federal laws, the GRANTEE shall ensure that they and their Subcontractor(s) a) pay at least once per week wages to GRANTEE and/or Subcontractor laborers and mechanics at a rate not less than the minimum wages specified in wage determinations made by the U.S. Department of Labor; and b) provide to the AGENCY each week U.S. Department of Labor Form WH-347 “Payroll (For Contractors Optional Use)” stating the wages paid to GRANTEE and /or Subcontractor laborers and mechanics engaged in work funded by this contract. DISALLOWED COSTS The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. DISPUTES Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with AGENT. 1. The request for a dispute hearing must: Be in writing; State the disputed issue(s); State the relative positions of the parties; State the GRANTEE’S name, address, and contract number; and Be mailed to the AGENT and the other party’s (respondent’s) contract manager within 3 working calendar days after the parties agree that they cannot resolve the dispute. Page 5 of 22 2. The respondent shall send a written answer to the requester’s statement to both the AGENT and the requester within 5 calendar days. 3. The AGENT shall review the written statements and reply in writing to both parties within 10 calendar days. The AGENT may extend this period if necessary by notifying the parties. 4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above. DRUG-FREE WORKPLACE The GRANTEE shall comply with the Drug-Free Workplace Act of 1988, 41 USC 701-707, as amended. Compliance with the Drug-Free Workplace Act includes publishing a drug-free workplace statement and establishing a drug-free awareness program for GRANTEE employees; and taking actions concerning GRANTEE employees who are convicted of violating drug statutes in the workplace. The GRANTEE shall provide written notice of a conviction of a GRANTEE employee of a drug violation in the workplace to the AGENCY within seven (7) calendar days after the GRANTEE learns of the conviction. DUPLICATE PAYMENT The AGENCY shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. ENTIRE AGREEMENT This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. EQUIPMENT MANAGEMENT For the purposes of this contract, “Inventoriable Equipment” shall mean a tangible asset which has a service life of more than one year and with a unit cost of $5,000 or greater; and tangible assets with a unit cost of more than $300 that the AGENCY considers “small and attractive,” such as engines, chain saws, communications equipment, global position systems, optical devices, cameras, microcomputer and related systems, smart phones and tablets, video equipment; and firearms, boats and motorized vehicles of any value. If the GRANTEE uses contract funds to purchase Inventoriable Equipment, title to that Inventoriable Equipment shall be held by the AGENCY unless otherwise specified in this contract. The AGENCY’s Inventoriable Equipment provided to the GRANTEE shall be used only for the performance of this contract. Title to the AGENCY’s Inventoriable Equipment shall remain with the AGENCY. The GRANTEE shall take reasonable steps to account for and protect Inventoriable Equipment from loss or damage; report to the AGENCY any loss or damage of such property; and take reasonable steps to protect such property from further damage. The GRANTEE shall surrender to the AGENCY all Inventoriable Equipment either provided by the AGENCY or purchased with contract funds upon the completion or termination of this contract. FEDERAL DEBARMENT AND SUSPENSION The GRANTEE certifies, that neither it nor its “principals” (as defined in 49 CFR 29.105) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the GRANTEE agrees not to enter into any arrangements or other contracts with any party that is on the “List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at https://www.sam.gov. Page 6 of 22 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT This contract is subject to the requirements of the Federal Funding Accountability and Transparency Act (FFATA) as stated in 2 CFR 170. The GRANTEE agrees to comply with applicable requirements to assist the AGENCY in reporting first-tier subawards of $25,000 or more and, in certain circumstances, in reporting the names and total compensation of the five most highly compensated executives of first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). FINAL INVOICE The GRANTEE shall submit the final invoice not later than 60 calendar days from the end of the contract period. GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this contract shall be construed to conform to those laws. In the event of an inconsistency in the terms of this contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the contract, including materials incorporated by reference. GOVERNING LAW This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. “Claim,” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The GRANTEE’S obligations to indemnify, defend, and hold harmless includes any claim by the GRANTEES’ agents, employees, representatives, or any Subcontractor or its employees. The GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the GRANTEE’S or any Subcontractor’s performance or failure to perform the contract. The GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this contract. The GRANTEE and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The GRANTEE will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the GRANTEE. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails Page 7 of 22 to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, the AGENCY may collect from the GRANTEE the full amount payable to the Industrial Insurance accident fund. The AGENCY may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by the AGENCY under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the GRANTEE. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the GRANTEE or Subcontractor, or agents of either, while performing under the terms of this contract. The GRANTEE shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows: 1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 2. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the GRANTEE, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3. The insurance required shall be issued by an insurance company/ies authorized to do business within the state of Washington, and shall name the state of Washington, its agents and employees as additional insureds under the insurance policy/ies. All policies shall be primary to any other valid and collectable insurance. GRANTEE shall instruct the insurers to give AGENCY thirty (30) calendar days advance notice of any insurance cancellation. If the GRANTEE is self-insured, evidence of its status as a self-insured entity shall be provided to the AGENCY. If requested by the AGENCY, the GRANTEE must describe its financial condition and the selfinsured funding mechanism. The GRANTEE shall submit to AGENCY within fifteen (15) calendar days of the contract effective date, a certificate of insurance or evidence of its status as a self-insured entity that outlines the coverage and limits defined in this section. The GRANTEE shall submit renewal certificates as appropriate during the term of the contract; the failure of the AGENCY to enforce this term in no way reduces the GRANTEE’s responsibilities under this section. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract. LIMITATION OF AUTHORITY Only the AGENT or AGENT’S delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENT. MATCHING FUNDS The GRANTEE shall be responsible for providing matching funds as indicated in the contract (if any). If the GRANTEE is responsible for matching funds they shall state the amount of match used during the billing Page 8 of 22 period and the cumulative amount of match used to date on every invoice submitted for payment to the AGENCY. The GRANTEE shall comply with the uniform administrative rules on matching or cost sharing for Federal grants and cooperative agreements and subawards as appropriate for this contract: Federal Grantor Agency: Matching or Cost Sharing Standards Department of Agriculture : 7 CFR Section 3016.24 Department of Commerce : 15 CFR Section 24.24 Department of Defense: 32 CFR Section 33.24 Department of the Interior: 43 CFR Section12.64 Environmental Protection Agency: 40 CFR Section 31.24 MINORITY, WOMEN AND VETERAN-OWNED BUSINESSES The AGENCY encourages participation by minority and women-owned business enterprises certified by the Office of Minority and Women’s Business Enterprises (OMWBE); and veteran-owned businesses certified by the Department of Veteran’s Affairs (DVA). If any part of this contract is subcontracted to an OMWBE or DVAcertified firm the GRANTEE shall submit a statement of participation indicating what OMWBE or DVA certified firm was used and the dollar amount of their subcontracts. NONDISCRIMINATION During the performance of this contract, both parties shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the GRANTEE'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further contracts with the AGENCY. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. PREVAILING WAGE If any work performed by the GRANTEE or its Subcontractors is subject to Chapter 39.12 of the Revised Code of Washington, the GRANTEE shall ensure that the GRANTEE and its Subcontractors pay the prevailing rate of wages to all GRANTEE and/or Subcontractor workers, laborers or mechanics in the performance of any part of the work described in the contract in accordance with state law and Department of Labor and Industries rules and regulations. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. The GRANTEE shall ensure its directors, officers, employees, Subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. The GRANTEE and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the AGENCY or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The GRANTEE agrees to indemnify and hold harmless the AGENCY for any damages related to the GRANTEE’S unauthorized use of personal information. RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this contract will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Page 9 of 22 Records and other documents, in any medium, furnished by one party to this contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RESTRICTIONS ON LOBBYING The GRANTEE certifies that under the requirements of Lobbying Disclosure Act, 2 USC, Section 1601 et seq., no Federal appropriated funds have been paid or will be paid, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to the AGENCY, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the AGENCY may terminate the contract under the "Termination " clause, without the thirty-day notice requirement, subject to renegotiation at the AGENCY’S discretion under those new funding limitations and conditions. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. SITE SECURITY While on AGENCY premises, the GRANTEE, its agents, employees, or Subcontractors shall conform in all respects with physical, fire or other security policies or regulations. STATEWIDE VENDOR PAYMENT REGISTRATION The GRANTEE is required to be registered in the Statewide Vendor Payment System prior to submitting a request for payment under this contract. The Washington State Department of Enterprise Services (DES) maintains the Statewide Vendor Payment System; to obtain registration materials contact the Statewide Payee Desk at (360) 407-8180; or go to: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. SUBCONTRACTING Neither the GRANTEE nor any Subcontractor(s) shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the GRANTEE to the AGENCY for any breach in the performance of the GRANTEE’S duties. This clause does not include contracts of employment between the GRANTEE and personnel assigned to work under this contract. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. The GRANTEE and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the AGENCY or as provided by law. TERMINATION Except as otherwise provided in this contract, the AGENCY may, by 10 calendar days written notice, Page 10 of 22 beginning on the second day after the mailing, terminate this contract, in whole or in part. If this contract is so terminated, the AGENCY shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination. TERMINATION FOR CAUSE In the event the AGENCY determines the GRANTEE has failed to comply with the conditions of this contract in a timely manner, the AGENCY has the right to suspend or terminate this contract. Before suspending or terminating the contract, the AGENCY shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. The AGENCY reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by the AGENCY to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AGENCY provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. TERMINATION PROCEDURES Upon termination of this contract, the AGENCY, in addition to any other rights provided in this contract, may require the GRANTEE to deliver to the AGENCY any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The AGENCY shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by the AGENCY, and the amount agreed upon by the GRANTEE and the AGENCY for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by the AGENCY, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENT shall determine the extent of the liability of the AGENCY. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The AGENCY may withhold from any amounts due the GRANTEE such sum as the AGENT determines to be necessary to protect the AGENCY against potential loss or liability. The rights and remedies of the AGENCY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AGENT, the GRANTEE shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to the AGENCY, in the manner, at the times, and to the extent directed by the AGENT, all of the rights, title, and interest of the GRANTEE under the orders and subcontracts so terminated, in which case the AGENCY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AGENT to the extent AGENT may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to the AGENCY and deliver in the manner, at the times, and to the extent directed by the AGENT any property which, if the contract had been completed, would have been required to be furnished to the AGENCY; 6. Complete performance of such part of the work as shall not have been terminated by the AGENT; and 7. Take such action as may be necessary, or as the AGENT may direct, for the protection and preservation of the property related to this contract, which is in the possession of the GRANTEE and in which the AGENCY has or may acquire an interest. Page 11 of 22 TRAFFICKING VICTIMS PROTECTION ACT As described in 2 CFR Part 175 the AGENCY may terminate this contract, without penalty, if the GRANTEE is found to be in violation of the Trafficking Victims Protection Act of 2000 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS The GRANTEE shall comply with the uniform administrative rules for Federal grants and cooperative agreements and subawards as appropriate for this contract: Federal Grantor AgencyState/Local Govt. Higher Ed, Non-Profit and Commercial Organizations Department of Agriculture 7 CFR Part 3016 7 CFR Part 3019 Department of Commerce 15 CFR Part 24 15 CFR Part 14 Department of Defense 32 CFR Part 33 32 CFR Part 32 Department of the Interior 43 CFR Part 12 (C) 43 CFR Part 12 (F) Environmental Protection Agency 40 CFR Part 31 40 CFR Part 30 WAIVER A failure by either party to exercise its rights under this contract shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this contract unless stated to be such in a writing signed by an authorized representative of the party and attached to the original contract. APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 1/28/2014 Page 12 of 22 Attachment B CONTRACT/PROJECT SUMMARY TITLE: Thurston Prairie HCP Year 3 WDFW CONTRACT NUMBER: 14-02365 WDFW MANAGER: Julie Henning PERIOD: 10/01/2014 to 12/31/2015 GRANTEE: Thurston County GRANTEE CONTACT: Jeremy Davis (360) 754-3355 ext. 7010 GRANTEE CONTACT: Scott Clark (360) 709-3005 CONTRACT TYPE: Payable / Grant / Sub-Recipient Federal SUMMARY CONTRACT DESCRIPTION: The Thurston County Planning Department, in cooperation with the Washington State Department of Fish and Wildlife (WDFW), requests a Cooperative Endangered Species Conservation Fund (Section 6) grant. Grant funds would be used to complete a Habitat Conservation Plan (HCP). Master Index Number(s): 33313 Research & CFDA Number Award Year Award Number Development? 15.615 Cooperative Endangered 2015 F13AP00892 No Species Conservation Fund/US Department of the Interior Page 13 of 22 Attachment C STATEMENT OF WORK 2013 Habitat Conservation Planning Assistance Proposal South Puget Sound Prairie Habitat Conservation Plan Year 3 The Request The Thurston County Planning Department, in cooperation with the Washington State Department of Fish and Wildlife (WDFW), requests a Cooperative Endangered Species Conservation Fund (Section 6) grant. Grant funds would be used to complete a Habitat Conservation Plan (HCP) for activities conducted in Thurston County that affect listed, candidate, and proposed prairie species and their supporting habitats. The state and federal environmental review processes would also be completed during this time period. During the third and final year of HCP development, the following activities would be conducted: Review the draft HCP with the Thurston County Planning Commission and Board of County Commissioners, incorporating their suggestions and those received during each entity’s public hearing process. Adopt the HCP into the County’s Comprehensive Plan, Development Code and other policies as appropriate. Develop state and federal environmental review documents. Continue to foster public engagement and outreach from Phase 1 and 2 of the HCP, and build consensus with affected property owners, conservation groups. and federal, state and local agencies to help ensure success of HCP mechanisms. Submit HCP to U.S. Fish & Wildlife Service for consideration of issuance of an Incidental Take Permit. The third year of HCP funding would produce a publicly reviewed HCP that has been adopted by the Thurston Board of County Commissioners and approved by the U.S. Fish & Wildlife Service. An environmental review would also be completed that will satisfy the requirements of both the National Environmental Policy Act and Washington’s State Environmental Policy Act. The Need The prairies of South Puget Sound are among the rarest habitats in the United States. Development, agriculture, and fire suppression have led to a dramatic decline of the prairie landscape. Today, less than 30,000 acres, or fewer than 10%, of historic prairies remain, with approximately 3% remaining as high quality prairie. Habitat fragmentation, invasive species, and loss of ecosystemmaintaining processes have played a key role in this decline. The remaining intact prairies, or those prairies that are candidates for restoration, are found across federal, state, county and private properties. To effectively preserve these habitats and species in perpetuity, a comprehensive Page 14 of 22 management approach that addresses all major property ownerships in an equitable manner is needed. The decline in the quantity and quality of prairie habitat has resulted in imperiled populations for most prairie-dependent species. Continued fragmentation of remaining habitats is likely without the creation and implementation of a conservation plan. Some of the most imperiled species threatened by the loss of prairies are: Golden paintbrush, a native forb once found on Northwest prairie grasslands from British Columbia to the Willamette Valley of Oregon. Golden paintbrush is now a globally-imperiled species and federally listed as threatened. This flowering plant is known to exist in only 11 locations in the world, including one population found on a South Puget Sound prairie. Taylor's checkerspot, a native butterfly that was once widespread throughout prairies in association with golden paintbrush. Taylor’s checkerspot is proposed to be federally listed as an endangered species, and is designated as endangered by the state. In South Puget Sound, this species survives at only two locations: one location is where the butterfly naturally occurs, and the other location is a former site where it has been reintroduced -- both lie within the South Puget Sound prairie landscape. Streaked horned lark, a native bird found in prairies, grasslands, and other sparsely vegetated areas. This species is proposed to be federally listed as threatened. Once variably distributed from British Columbia to southern Oregon, the range has retracted considerably. This species is found at only few locations. The northernmost known population occurs on Joint Base Lewis-McChord. The Mazama pocket gopher, a native mammal, is dependent on the ever shrinking prairie habitat. In the South Puget Sound area, two of nine subpopulations of Mazama pocket gopher have become extinct since the 1940s, and four subspecies of the gopher were recently proposed to be federally listed as threatened under the Endangered Species Act. There are 17 species (see Table 1) associated with South Puget Sound prairies that are listed as endangered, threatened or species of concern under federal or Washington State status. Timing is Critical Two main factors make the next few years a unique but limited opportunity to protect the best remaining prairie habitats, secure high quality restoration sites, and create the permanent bank of habitats necessary for the long-term viability of prairie-dependent plants, insects and animals. 1. A strong partnership is already in place. This project is supported by a strong and coordinated partnership of national, state, and local organizations that contribute expertise, research, funding, and new actions for conservation, including: Page 15 of 22 The U.S. Fish and Wildlife Service (USFWS) recently completed a habitat suitability assessment of South Puget Sound prairie habitat. USFWS has also invested in a reserve design model based on the needs of the prairie species and most suitable sites for preservation, and is currently developing prairie reserve options. Thurston County, which contains most of the area identified in the preliminary reserve, recently adopted land use regulations to help shield prairie habitats from being developed while the County looks for a long-term solution that will accommodate land use development and prairie conservation, of particular importance given the proposed species listings. The South Puget Sound Prairie Landscape Working Group led by the Center for Natural Lands Management (CNLM) has pioneered techniques to maintain and restore prairie habitats and to reintroduce prairie-dependent plant species to those habitats. Joint Base Lewis-McChord (U.S. Army/Air Force military base) has developed and is implementing a management plan to protect prairie habitats and species on the base. When combined with the lands in unincorporated Thurston County, these locations are home to the best remaining habitats in South Puget Sound. Washington Department of Fish and Wildlife (WDFW) has significant experience restoring and managing about 1,700 acres of prairie-oak-wetland mosaic habitats in Thurston County. WDFW provides technical assistance to landowners to conserve prairie species and their habitats on private property, and understands the limitations of the current regulatory system. This partnership has the technical capacity, land-use authority, and private and public sector resources to design the type of comprehensive protection and restoration program South Puget Sound prairies need for long-term success. 2. Prairies are threatened by development. The second factor making this a time-sensitive proposal is continued pressure from population growth and associated land development. Many suitable reserve areas are privately owned and slated for development. Thurston County’s population grew 15% from 2000 to 2007 and continues to grow at a rapid pace. Long-term projections indicate that growth will continue, but the current slow-down in the economy that began in 2008 provides an excellent opportunity to get conservation mechanisms in place before development pressure begins to grow again. Development is expected to increase with the anticipated return of troops to Joint Base LewisMcChord from Iraq and Afghanistan, as well as a projected overall increase in troops training at the base. Based on current zoning and land use regulations, this development is predicted to occur on lands with prairie soils and habitat suitable for rare prairie species protection or restoration. There is also competition for use of outwash soils and gravel extraction. Thurston County’s land use controls currently protect isolated patches of prairie habitat. However, other tools are necessary to complement the regulations. Specifically, a comprehensive strategy is needed to stop the fragmentation and isolation of habitats, and to provide a network of high quality prairie habitats sufficient to conserve prairie species. Page 16 of 22 Completion of the HCP for South Puget Sound prairies in Thurston County would provide the means to combine the efforts of the Washington Departments of Fish and Wildlife and Natural Resources; the U.S. Department of Defense; Thurston County; Center for Natural Lands Management and other nonprofit organizations with the science of the USFWS. Without final funding of the HCP, there are limited means and resources to create a comprehensive, scientific approach combined with regulatory and incentive-based programs. If completed, the HCP would result in meaningful conservation and achieve a common set of conservation goals across all the organizations. Objectives Thurston County’s overall objectives for a completed HCP are to: Educate, inform, and involve the public in the recovery of prairie species. Sustain coordination and recovery efforts with federal, state, and local agencies and affected stakeholders to develop an effective recovery, restoration and preservation strategy that does not unduly burden a single constituency with all the responsibilities of the needed recovery efforts. Contribute to the conservation and recovery of listed and at-risk species by reducing direct impacts, mitigating impacts through restoration of suitable sites, and permanently protecting a network of properties with habitat sufficient to sustain viable populations of native prairie species. Secure federal ESA assurances through development of a county-wide, programmatic HCP supporting issuance of an Incidental Take Permit for activities conducted under the authority of Thurston County and the State of Washington. a. Build upon an extensive history of public outreach on the issue of protecting prairie lands and critical areas. For example, Thurston County has already: b. Delivered six open-house style public meetings throughout the county. c. Scheduled and delivered four television shows on Thurston Community Television. d. Held one-on-one stakeholder meetings with 25 private, public and non-governmental agencies, including organizations that serve builders and developers, as well as organizations that seek to protect the environment. e. Launched and managed a website and mailing LISTSERV that now has approximately 700 subscribers. f. Used media, such as local papers, websites and Thurston Community Television, to engage the public. If funded, work conducted under a Year 3 grant will build on the foundation developed by the two previous rounds of funding, finalizing a consensus-based, prioritized list of policies, programs and projects to be implemented throughout the lifecycle of the HCP in order to preserve and conserve Thurston County prairies and the species they support. This HCP will be considered for adoption by the Planning Commission and Board of County Commissioners in a public process that includes multiple opportunities for public review and comment. Page 17 of 22 Thurston County will use Year 3 funding to complete the following specific objectives within a year’s timeframe once funding is in place. Consultants may be utilized for a portion of the expected workload: Conduct environmental review and produce documents that satisfy NEPA and SEPA requirements. Hold work sessions with the Thurston County Planning Commission on HCP draft, culminating in public hearing to accept comments on Planning Commission draft. Work with Planning Commission to be guided by work plan developed during Phase 2 of HCP. Hold work sessions with Board of County Commissioners to review and potentially revise Planning Commission recommendation, culminating in final public hearing to accept public testimony. Public hearings may take place once the NEPA and SEPA review are complete. The Planning Commission public hearing may take place prior to completion of NEPA and SEPA. Work with Board of County Commissioners to develop final Thurston County HCP. Propose adoption by Board of County Commissioners by March 2016. Package final HCP for consideration by USFWS in issuance of Section 10 Incidental Take Permit. Completion of these objectives will result in an HCP that has been peer reviewed, has been adopted by decision-makers at Thurston County, satisfies public participation requirements of federal, state and local law, and has been approved by U.S. Fish & Wildlife Service. Expected Results and Benefits Species and Ecosystem Benefits USFWS is developing options for a prairie reserve based on reserve design modeling using the biological needs of native species that inhabit the South Puget Sound prairie ecosystem. The reserve identifies the habitats and ecosystems on which imperiled species depend and will identify several options for a combination of lands that could support the species over the long-term. Targeted biological entities include the streaked horned lark (Eremophila alpestris strigata), Taylor’s checkerspot (Euphydryas editha taylori), and the Mazama pocket gopher (Thomomys mazama yelmensis, T.m. glacialis, T.m. tumuli, and T.m. pugetensis). These species were selected for the reserve design modeling because of their rareness and dependence on southern Puget Sound prairies. These three target species will benefit greatly from the proposed HCP and its implementation. The USFWS model predicts the scientific reserve design would grant the lark, butterfly, and gopher at least an 80 percent chance of survival over the next 50 years. Benefits to other prairie dependent reptiles, amphibians, butterflies, birds, and mammals are also expected in both the near- and longterm. Page 18 of 22 Under the HCP, Thurston County will implement a regulatory system to manage and curb development on the remaining prairie habitats in the unincorporated county area. This will be accomplished by means such as restricting activities on sensitive prairie soils, providing a mitigation strategy to offset impacts, and providing a streamlined process to ensure that prairie impacts are offset in such a manner to enable the conservation of the highest quality prairie habitats and ensure the viability of the three species mentioned above. This will provide a high benefit to all prairie species by immediately decreasing the direct loss of their habitats (particularly high quality habitats), slowing habitat fragmentation, and preventing actions that result in direct mortality of imperiled species. Fewer populations of rare species will face lack of protection, ongoing habitat degradation, isolation by fragmentation, or the specter of translocation. Species will be sustained by, and attracted to, these higher quality habitats that will remain permanently on the landscape, that will be connected to other supporting habitats, and that will be adaptively managed to lessen climate change impacts and non-climate stressors. Thurston County’s effort will be complemented by actions taken by Joint Base Lewis-McChord, Washington State, and The Nature Conservancy. Joint Base Lewis-McChord is working to protect prairie habitats on the base, while Washington State and CNLM are taking action to provide longterm stewardship of their lands. The state and CNLM will also provide the technical expertise to identify the needs for long-term maintenance of the conservation bank. When the conservation bank is established through the HCP and regulatory program, the bank and HCP will also benefit more than 18 species (see Table 1), 17 of which are listed under federal or state status. Most of the best remaining habitats and potential restoration sites are on privately owned lands. If these lands are unprotected, the chance of species survival and continuation of other ecosystem benefits is unlikely. The HCP, in concert with the other efforts of governments and conservation groups, is the best means to ensure the unique habitats of southern Puget Sound prairies are maintained over time and are possibly enhanced. Fostering HCP Partnerships Development of the Thurston County Prairie HCP will involve the large number of existing stakeholders already working together on prairie protection, including: the U.S. Environmental Protection Agency, Natural Resources Conservation Service, U.S. Forest Service, Joint Base Lewis-McChord, Washington Department of Transportation, Washington Department of Fish and Wildlife, Washington Department of Natural Resources, Thurston County, Capitol Land Trust, Center for Natural Lands Management, Audubon Society and Wolf Haven International. The HCP development process will directly involve additional groups, which may include Thurston Conservation District, Friends of Rocky Prairie, Friends of Puget Prairies, South of the Sound Farmland Trust, Thurston County Board of Realtors, and local jurisdictions potentially affected by an ESA listing. These and other stakeholders will work with the county to identify preferred properties for the conservation bank based on the reserve design. They will identify the potential opportunities and limitations that must be addressed from the standpoint of each stakeholder. The stakeholders will assist Thurston County in the technical assessment of regulatory and incentive-based tools to create the conservation bank and implement the HCP. The Page 19 of 22 county will engage stakeholders in a manner that fosters buy-in, participation, and commitment to facilitate the long-term success of prairie conservation. Addressing Climate Change HCP completion will help offset climate change impacts as called for in the USFWS Strategic Plan for Responding to Accelerating Climate Change (2010). Under Goal 3 of the plan, the USFWS seeks to "plan and deliver landscape conservation actions that support climate change adaptations by fish and wildlife of ecological and societal significance." The county and stakeholders will work with the USFWS across the prairie landscape to establish prairie reserves via conservation banking that will secure the best available remaining habitat for prairie species. The prairie reserve options under development by USFWS will serve as the basis for conservation banking and will factor in the predicted impacts from climate change. HCP completion will also help achieve "Objective 3.2 - Promote Habitat Connectivity and Integrity" and "Objective 3.3 - Reduce Non-Climate Change Ecosystem Stressors" of the USFWS plan to respond to climate change. Thurston County will develop a regulatory mechanism/program to lessen non-climate stressors that currently eliminate or degrade the prairie landscape. Land-use changes, development, and agriculture will be regulated to reduce their impacts and unmitigated impacts will be offset. Through implementation of conservation banking that supports a prairie reserve system, the highest quality prairie habitats will be conserved, fragmentation will be reduced, disjunct patches will be reconnected where possible, and degraded prairie will be restored. This will be accomplished based on a scientifically modeled reserve design and will therefore reduce key non-climate stressors. In addition, the development of an HCP sets the stage for a long-term strategy and plan to address one of the biggest likely impacts of climate change on prairie habitats: an increase in invasive plants. The occurrence and abundance of invasive plants and weeds are predicted to increase from climate change, threatening native prairie species. This issue will be addressed in the design of the maintenance program to steward and manage the lands in the conservation bank. Funding for long-term maintenance will be one of the issues addressed in the conservation bank design and HCP development. Approach Thurston County, with the support of other stakeholders, has identified the following specific tasks to achieve the objectives for Year 3 funding: Objective 1: Hold work sessions with Planning Commission on HCP and environmental review draft documents (integrated NEPA and SEPA), culminating in public hearing to accept comments on Planning Commission draft. Work with Planning Commission guided by a work plan developed during Phase 2 of HCP. Task: Page 20 of 22 1. Present staff draft of HCP and environmental review documents in series of presentations, organized to provide a thorough and logical introduction to the material. Work with Planning Commission to research concerns and incorporate edits to the drafts ahead of Planning Commission public hearing. 2. Coordinate and hold Planning Commission public hearing on draft HCP. Following hearing, work with Planning Commission to incorporate final edits based on public input, ultimately releasing the Planning Commission’s recommendation to the Board of County Commissioners. NEPA and SEPA review will run concurrently with the Planning Commission review in 2015. The Planning Commission public hearing may take place before a final decision is made for NEPA and SEPA. 1. Objective 1: Hold work sessions with Planning Commission on HCP and environmental review draft documents (integrated NEPA and SEPA), culminating in public hearing to accept comments on Planning Commission draft. Work with Planning Commission guided by a work plan developed during Phase 2 of HCP. Task: 3. Present staff draft of HCP and environmental review documents in series of presentations, organized to provide a thorough and logical introduction to the material. Work with Planning Commission to research concerns and incorporate edits to the drafts ahead of Planning Commission public hearing. 4. Coordinate and hold Planning Commission public hearing on draft HCP. Following hearing, work with Planning Commission to incorporate final edits based on public input, ultimately releasing the Planning Commission’s recommendation to the Board of County Commissioners. 5. NEPA and SEPA review will run concurrently with the Planning Commission review in 2015. The Planning Commission public hearing may take place before a final decision is made for NEPA and SEPA. Objective 2: Hold work sessions with Board of County Commissioners to review and potentially revise Planning Commission recommendation, culminating in final public hearing to accept public testimony. Task: 1. Introduce HCP draft in thorough and logical manner in a series of public work sessions. Perform research and incorporate edits requested by the Board for both the HCP draft and environmental review documents. 2. Coordinate and hold public hearing on Board of County Commissioners’ draft HCP. The public hearing may take place either before or after a determination has been issued for NEPA and SEPA. Page 21 of 22 Objective 3: Work with Board of County Commissioners to develop final Thurston County HCP, propose adoption by Board of County Commissioners by March 2016. Task: 1. Review public comment and work with Board of County Commissioners to incorporate any necessary edits to the HCP and, if necessary, environmental review documents. 2. Complete necessary amendments to Thurston County Code and Comprehensive Plan to incorporate HCP. Amendments would be adopted at the same time as the HCP. 3. Perform work to prepare for adoption, including preparation of adopting ordinance and making reference changes in the Comprehensive Plan and the Thurston County Code. Objective 4: Package and submit HCP/EIS to USFWS for consideration of issuance of Section 10 Incidental Take Permit. Task: 1. Complete application form, letter, and other necessary elements to complete submission packet. 2. Work with USFWS on any necessary revisions to documents in order to obtain USFWS approval of HCP/EIS. Location The HCP planning area encompasses approximately 170,000 acres (see Map 1) in western Washington State and is the area considered as the South Puget Sound Prairie system. The HCP coverage area, which is approximately 70,000 acres (see Map 2), is in Thurston County. Estimated Cost The total estimated cost of this third year of HCP development is $835,537. Of this, $626,687 is sought from federal funding. A non-federal match of $208,850 or 25% of the total estimated project cost will be provided by Thurston County and partnering organizations through in-kind services. Page 22 of 22 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/3/2014 Agenda Item #: 5a Ruth Pierce, Office Assistant, Senior - Public Works - 867-2274 Terri Thomas, Education and Outreach Specialist III - Public Works - 8672279 Item Title: Authorization to issue Request for Proposals for consulting services to update the 2009 Thurston County Solid Waste Management Plan Action Needed: Pass Motion Class of Item: Department List of Exhibits 14-PW 055_RFPSolidWasteMgmt Plan.doc Microsoft Word 97 2003 Document 103 KB Recommended Action: Authorize the issuance of a Request for Proposals (RFP) for consultant services to update the 2009 Thurston County Solid Waste Management Plan (the Plan) and authorize the Public Works Director to execute the contract for the Plan once the proposals have been received, evaluated, and a vendor selected. Item Description: Under Washington State law, all counties and cities must develop a Solid Waste Management Plan that provides a framework for the management of community generated solid and hazardous waste. Although each community is required to maintain a plan, state law allows the flexibility to develop plans jointly with other communities. Jurisdictions update plans every 5 years. Thurston County and all jurisdictions adopted a joint plan in 2009 and an update is required. Thurston County Solid Waste will coordinate and fund Plan development with active participation by the Solid Waste Advisory Committee. Interlocal agreements are already in place, with each jurisdiction, to develop the joint plan update. Each jurisdiction will have the option to adopt the plan when completed. Thurston County Solid Waste will utilize consultant services to develop the Plan update. The Thurston County 2015 adopted budget includes funds for this work. Date Submitted: 12/3/2014 Request for Proposals Solid Waste Management Plan Update December 2014 Thurston County Public Works Solid Waste Management Division Proposal Due Date: On or before 5:00 p.m., February 6, 2015 Deliver Proposals to: Scott Schimelfenig, Utilities Manager ATTN: Solid Waste Management Plan Thurston County Public Works 9605 Tilley Rd. S. Ste. C Olympia, WA 98512 SOLID WASTE MANAGEMENT PLAN Page 1 of 18 December 2014 Request For Proposals Solid Waste Management Plan Update Statement of Qualifications (SOQ) and Request for Proposals (RFP) 1.0 Project Summary Thurston County Public Works seeks consultant services in connection with the defined tasks contained herein. The project is located in Thurston County, Washington. The purpose of this project is to update the county’s comprehensive solid waste/recycling management plan (Plan). The Plan will address levels of service for waste management and prevention strategies of reduction, reuse, recycling as set forth in RCW 70.95, “Solid Waste Management – Reduction and Recycling.” The Plan will identify how each element meets the applicable initiatives with the Washington State Beyond Waste Plan and address the vision, goals, objectives, and recommendations of the Thurston County Solid Waste Advisory Committee. The consultant will evaluate current solid waste/recycling operations and programs identifying where changes in current operations, procedures, and programs may result in increasing waste reduction, reuse, and recycling. The consultant will identify markets, vendors, and facility location(s) to obtain the maximum diversion, reuse, and recycling of solid waste products. The selected consultant will perform an assessment to determine the most feasible alternatives in a technical, regulatory, environmental, and economic context. The consultant will assess funding mechanisms, and financial incentives that will fund projects. Waste management strategies will emphasize prevention of waste through reduction, reuse, and recycling. The consultant will meet with the Solid Waste Advisory Committee and Solid Waste staff to gather information for the Plan’s development and present findings prior to the Plan’s initial draft. The consultant will be required to follow guidelines as set forth in RCW 70.95.90, “County and city comprehensive solid waste management plans-contents,” and RCW 70.95.094, “Review and approval process,” and ensure RCW 70.95.096 is followed, allowing for a review of the Plan by the State’s Department of Ecology (DOE) and Utilities and Transportation Commission (UTC) for assessment of cost impacts on rates. Additionally, the consultant may be required to attend necessary public hearings, meetings, and briefings. Documents such as previous solid waste management plans, waste composition studies, and the solid waste system assessment should be utilized to understand operations in Thurston County. Information on existing waste prevention and education programs should also be reviewed. These are all located at www.ThurstonSolidWaste.org. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 2 of 18 DECEMBER 2014 Request For Proposals 2.0 Statement of Qualifications/Request for Proposal This RFP provides an overview of the project and the defined tasks. Candidates are urged to be particularly attentive and define any missing or unforeseen tasks that may be necessary to complete the work described. The proposal should briefly outline the professional services to be provided in connection with each task; indicate the time and materials necessary to complete each task; indicate the methods to collect data and produce work; demonstrate the experience of the candidate’s key personnel, etc. Where necessary, candidates may expand and provide details to demonstrate the ability to complete the described work in a timely manner. A Statement of Qualifications shall be included within the proposal, which demonstrates the candidate and its agents have experience with current practices and possess the education, training, and credentials associated with the type of work described. A minimum of three (3) references must be included for work of similar size and scope defined herein. For each reference, each candidate shall specify the contact name, title, address, telephone number, and email address (if known) and provide a very brief statement of the services provided. A professional resume of the Project Manager, Lead Project Manager (if not the same) as well as other key personnel (planners, economist, technicians, etc.) expected to work on the project shall be made a part of the RFP. This requirement extends to any agent of the candidate expected to render services in connection with the defined tasks. The Thurston County Public Works Department seeks to review the qualifications of only those key personnel who will actually render professional services in relation to the work described. Each candidate is requested to include a conceptual work schedule or matrix, indicating the assumed start dates and end dates for each defined tasks listed in 5.0 Defined Tasks and the detailed subtasks they identify as needed to complete the deliverables. Candidates should review the Department of Ecology Guidelines for Development of Local and Comprehensive Solid Waste Management Plans and Revisions at https://fortress.wa.gov/ecy/publications/publications/1007005.pdf to ensure all required steps are included. The proposal shall be not more than fifteen (15) pages, excluding a cover letter and the conceptual work schedule. All other information provided by candidates, including examples of work, brochures, photos, etc. shall be incorporated into and made a part of the proposal. The proposal and relevant attachments should be submitted in 8½” x 11” format, double sided for resource conservation, easy to read using 1” margins and a minimum of 11-point fonts, and appropriately affixed to one another. The conceptual work schedule may be presented in 11”x17” format for clarity. Please forward five (5) copies of the proposal and conceptual work schedule by 5:00 p.m., Friday, SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 3 of 18 DECEMBER 2014 Request For Proposals February 6, 2015, directly to: Scott Schimelfenig, Utilities Manager ATTN: Solid Waste Management Plan Update Thurston County Public Works 9605 Tilley Rd. S. Ste. C Olympia, WA 98512 Proposals may be mailed or dropped off in person. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. Faxed proposals will not be considered. For more information, please call Thurston County Public Works at (360) 867-2491. 3.0 Basis of Selection Thurston County will select a successful candidate on the basis of the following criteria: 1) demonstrated qualifications of key personnel; 2) evidence of success in performing work of similar scope and nature; 3) demonstrated understanding of project goals and objectives; and 4) quality of submittal packet, attention to detail and formatting instructions. Short lists, interviews, proposal presentations, and requests for additional information may or may not be used as a part of the selection criteria and shall be at the discretion of Thurston County Public Works. 4.0 Contractual Requirements Thurston County Public Works anticipates entering into a standard Professional Services Contract (Contract) with the successful candidate for any or all of the tasks herein described. A sample of the County’s standard Professional Services Contract is included in Appendix A for review. The successful candidate will be expected to identify personnel and outline the estimated costs for each task within one (1) week of the County’s selection. The negotiated total estimated costs of all tasks will be used for purposes of fixing the contract amount. Each candidate submitting a proposal accepts that Thurston County Public Works reserves the right to add or delete specific tasks or subtasks in relation to the work described herein during the life of any contract; provided any task added is within the scope of the project as detailed in this RFP. 5.0 Defined Tasks Task 1 - Review Background Information and Update Disposal Data Task 2 - Identify Goals, Objectives, and Recommendations for Waste Categories Task 3 - Develop Draft Action Plan/SWMP SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 4 of 18 DECEMBER 2014 Request For Proposals Task 4 - Develop Final Action Plan/SWMP 6.0 Deliverables 1. Technical memorandum and presentation of preliminary findings and recommendations to the Solid Waste Advisory Committee. 2. SEPA checklist – draft and final. 3. Draft Plan package for DOE (120-day review), to include: 4. Final Plan package A minimum of five (5) copies of all documents will be required for all deliverables provided under the contract. The Plans shall be bound in 8½” x 11” format, including all attachments. Originals may be produced in color, but must be capable of being legibly reproduced in black and white for public distribution. 7.0 Custody of Originals and Electronic Media All original sketches, drawings, plans, specifications, photographs, etc. generated as work product in association with the defined tasks and subtasks shall be considered property of Thurston County Public Works, unless other arrangements are made or as otherwise defined in the professional services agreement. All electronic drawings prepared in association with the defined tasks shall be provided to the County in a format, which is compatible with AutoCAD 2015. For purposes of this RFP, compatibility shall mean that the original drawing can be reproduced using county equipment with a minimal level of county staff effort. Thurston County Public Works will provide the successful candidate with a list of ACAD formats commonly used in drawing preparation. All engineering reports, final document Plan, technical specifications and other informational documents shall be provided to the County in a format compatible with MSWord 2007 (*.doc) or Adobe Acrobat Reader 11.0 (*.pdf). Thurston County Public Works reserves the right to post any electronic information provided or portions thereof on informational websites for public access. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 5 of 18 DECEMBER 2014 Request For Proposals APPENDIX A SAMPLE PROFESSIONAL SERVICES CONTRACT SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 6 of 18 DECEMBER 2014 Request For Proposals PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY/__________________________. THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 2000 Lakeridge Drive S.W., Olympia, Washington 98502, hereinafter “COUNTY,” and ____________________, with its principal offices at ______________________________________________, hereinafter “CONTRACTOR.” In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. DURATION OF CONTRACT The term of this Contract shall begin on the date last executed below, and shall terminate on ________________. 2. SERVICES PROVIDED BY THE CONTRACTOR The CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract. The CONTRACTOR shall perform the following services: ___________________________________________________________________ a. A detailed description of the services to be performed by the CONTRACTOR is set forth in Exhibit A, which is attached hereto and incorporated herein by reference. b. The CONTRACTOR agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the COUNTY. c. The CONTRACTOR shall perform according to standard industry practice of the work specified by this Contract. d. The CONTRACTOR shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties. e. The CONTRACTOR shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY’S request, the CONTRACTOR shall prepare and present status reports on its work. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 7 of 18 DECEMBER 2014 Request For Proposals 3. SERVICES PROVIDED BY THE COUNTY In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following: a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR’S services. b. Coordination with other County Departments or other Consultants as necessary for the performance of the CONTRACTOR’S services. c. Services documents, or other information identified in Exhibit A. 4. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows: a. For CONTRACTOR: Name of Representative: ___________________________ Title: _____________________________ Mailing Address: ____________________________________ City, State and Zip Code: _____________________________ Telephone Number: __________________________________ Fax Number: _______________________ E-mail Address: _____________________ b. For COUNTY: Name of Representative: ___________________________ Title: ___________________________ Mailing Address: ____________________________________ City, State and Zip Code: _____________________________ Telephone Number: __________________________________ Fax Number: _______________________ E-mail Address: _____________________ SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 8 of 18 DECEMBER 2014 Request For Proposals 5. COMPENSATION a. For the services performed hereunder, the CONTRACTOR shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the COUNTY to the CONTRACTOR under this Contract shall not exceed $______________. b. No payment shall be made for any work performed by the CONTRACTOR, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. c. The CONTRACTOR may, in accordance with Exhibit B, submit invoices to the COUNTY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONTRACTOR performed work for the COUNTY during the billing period. The COUNTY shall pay the CONTRACTOR for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. d. The CONTRACTOR shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the COUNTY. e. In the event the CONTRACTOR has failed to perform any substantial obligation to be performed by the CONTRACTOR under this Contract and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONTRACTOR, withhold any and all monies due and payable to the CONTRACTOR, without penalty until such failure to perform is cured or otherwise adjudicated. “Substantial” for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONTRACTOR will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. 6. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY. b. No amendment, modification, or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY. 7. HOLD HARMLESS AND INDEMNIFICATION a. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 9 of 18 DECEMBER 2014 Request For Proposals judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONTRACTOR’S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONTRACTOR or subcontractor infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONTRACTOR’S obligations hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees, or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONTRACTOR’S obligations hereunder shall apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents or subcontractors. b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or subcontractor under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONTRACTOR expressly waives any immunity the CONTRACTOR might have had under Title 51 RCW. By executing the Contract, the CONTRACTOR acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONTRACTOR makes with any subcontractor or agent performing work hereunder. c. The CONTRACTOR’S obligations hereunder shall include, but are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR’S employees, agents, or subcontractors. 8. INSURANCE a. Professional Legal Liability: The CONTRACTOR, if he is a licensed professional, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR’S profession and shall be written subject to limits of not less than $___________ per loss. The coverage shall apply to liability for a professional error, act, or omission arising out of the scope of the CONTRACTOR’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. b. Workers’ Compensation (Industrial Insurance): The CONTRACTOR shall maintain workers’ compensation insurance as required by Title 51 RCW, and shall provide evidence of coverage to the Thurston County Risk Management Division. The CONTRACTOR shall send to Thurston County at the end of each quarter written verification that premium has been paid to the Washington State Department of Labor and Industries for Industrial Insurance coverage. Alternatively, the CONTRACTOR shall provide certification of approval by the Washington State Department of Labor and Industries if self-insured for Workers Compensation. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 10 of 18 DECEMBER 2014 Request For Proposals c. Commercial General Liability: The CONTRACTOR shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $___________ per loss. The general aggregate limit shall apply separately to this Contract and be no less than $___________. i. The CONTRACTOR shall provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The CONTRACTOR’S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured. iii. The CONTRACTOR shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured. iv. If the CONTRACTOR’S liability coverage is written as a claims made policy, then the CONTRACTOR must evidence the purchase of an extended reporting period or “tail” coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. If the Contract is over $50,000 then the CONTRACTOR shall also maintain Employers Liability Coverage with a limit of not less than $1 million. d. Automobile Liability: The CONTRACTOR shall maintain Business Automobile Liability insurance with a limit of not less than $_______________ each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired, and non-owned automobiles. e. Other Insurance Provisions: i. The CONTRACTOR’S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected and appointed officers, officials, employees, and agents. ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees, or agents. iii. 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. iv. The CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. The CONTRACTOR shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. f. Verification of Coverage and Acceptability of Insurers: 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. i. Certificates of Insurance shall show the Certificate Holder as Thurston County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 11 of 18 DECEMBER 2014 Request For Proposals ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address: Attn: Risk Analyst Human Resources 2000 Lakeridge Drive S.W. Olympia, Washington 98502 iii. The CONTRACTOR shall furnish the COUNTY with properly executed certificated of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY. iv. The CONTRACTOR or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Division. 9. TERMINATION a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines, in its sole discretion, that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONTRACTOR. In that event, the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract. b. In the event that funding for this project is withdrawn, reduced, or limited in any way after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONTRACTOR. After the effective date, no charges incurred under this Contract are allowable. c. If the CONTRACTOR breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Contract, in which case the COUNTY shall pay the CONTRACTOR only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Contract. Upon such termination, the COUNTY, at its discretion, may obtain performance of the work elsewhere, and the CONTRACTOR shall bear all costs and expenses incurred by the COUNTY in completing the work and all damage sustained by the COUNTY by reason of the CONTRACTOR’S breach. If, subsequent to termination, it is determined for any reason that (1) the CONTRACTOR was not in default, or (2) the CONTRACTOR’S failure to perform was not its fault or its subcontractor’s fault or negligence, the termination shall be deemed to be a termination under subsection a of this section. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 12 of 18 DECEMBER 2014 Request For Proposals 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONTRACTOR shall perform the terms of the Contract using only its bona fide employees or agents who have the qualifications to perform under this Contract. The obligations and duties of the CONTRACTOR under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the COUNTY. b. The CONTRACTOR warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 11. NON-WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 12. INDEPENDENT CONTRACTOR a. The CONTRACTOR’S services shall be furnished by the CONTRACTOR as an Independent Contractor and not as an agent, employee or servant of the COUNTY. The CONTRACTOR specifically has the right to direct and control CONTRACTOR’S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONTRACTOR acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract, and the CONTRACTOR is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Thurston County employees. c. The CONTRACTOR shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent, or representative of the CONTRACTOR shall be or deem to be or act or purport to act as an employee, agent, or representative of the COUNTY. d. The CONTRACTOR shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONTRACTOR and as to all duties, activities and requirements by the CONTRACTOR in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 13 of 18 DECEMBER 2014 Request For Proposals e. The CONTRACTOR agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY’S contract representative or designee. 13. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in performing this Contract. 14. INSPECTION OF BOOKS AND RECORDS The COUNTY may, at reasonable times, inspect the books and records of the CONTRACTOR relating to the performance of this Contract. The CONTRACTOR shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 15. NONDISCRIMINATION The CONTRACTOR, its assignees, delegatees or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 16. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the CONTRACTOR for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONTRACTOR harmless therefore to the extent such use is agreed to in writing by the CONTRACTOR. b. An electronic copy of all or a portion of material produced shall be submitted to the COUNTY upon request or at the end of the job using the word processing program and version specified by the COUNTY. 17. DISPUTES Differences between the CONTRACTOR and the COUNTY, arising under and by virtue of this Contract, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the COUNTY’S Contract representative or SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 14 of 18 DECEMBER 2014 Request For Proposals designee. All rulings, orders, instructions, and decisions of the COUNTY’S contract representative shall be final and conclusive, subject to the CONTRACTOR’S right to seek judicial relief pursuant to Section 18. 18. CHOICE OF LAW, JURISDICTION, AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington. 19. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the COUNTY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the COUNTY may, in its sole discretion, terminate this Contract. 20. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 21. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was mutually negotiated and specifically agreed to by the parties herein. SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 15 of 18 DECEMBER 2014 Request For Proposals CONTRACTOR: Thurston County, Washington Firm: _______________________________ By: ________________________________ By: _________________________________ Title: ____________________________ Signature: ___________________________ (Authorized Representative) Date _______________________________ Date _______________________________ Title: _______________________________ Address: ____________________________ ____________________________ Approved as to Form by the Prosecuting Attorney’s Office Reviewed 1/5/05 SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 16 of 18 DECEMBER 2014 Request For Proposals EXHIBIT A PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY/___________________________ SCOPE OF SERVICES 1. The services to be performed by the CONTRACTOR under this Contract, which are described in Section 2 of the Contract (SERVICES PROVIDED BY THE CONTRACTOR), are set forth as follows: 2. The services to be performed by the COUNTY under this Contract, which are described in Section 3 of the Contract (SERVICES PROVIDED BY THE COUNTY) are set forth as follows (if applicable): SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 17 of 18 DECEMBER 2014 Request For Proposals EXHIBIT B PROFESSIONAL SERVICES CONTRACT THURSTON COUNTY/___________________________ COMPENSATION 1. The CONTRACTOR’S compensation under this Contract, which is described in Section 5 of the Contract (COMPENSATION), is set forth as follows: SOLID WASTE MANAGEMENT PLAN UPDATE Pg. 18 of 18 DECEMBER 2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/3/2014 Agenda Item #: 6a Anne Butigan, Social Services Program Assistant - Public Health and Social Services 867-2520 Mark Freedman , Social Services Division Director - Public Health and Social Services - 867-2558 Item Title: Approval of Thurston-Mason Developmental Disabilities Millage Funding Contracts for 2015 Action Needed: Pass Motion Class of Item: Department List of Exhibits Copy of DD millage 2015.pdf Adobe Acrobat Document 182 KB g PAO b c d e f c Budget Office d e f g Notes: g FinSvcs c d e f g HR c d e f c CAO d e f g c Other d e f g Recommended Action: Move to approve the award of up to $156,000 in dedicated Thurston County Developmental Disabilities millage funding and up to $45,128 in ded icated Mason County millage funding and authorize the Director of Public Health and Social Services to develop and execute contracts with South Sound Parent to Parent, Senior Services for South Sound, Protective Payee Services, the Arc of Washington, Career Quest, Nancy Murphy, Exceptional Foresters, Vadis, and Morningside when prepared by staff for the contract period of January 1, 2015 – December 31, 2015. Item Description: The purpose of this agenda item is to communicate funding recommendations related to a recent Developmental Disabilities Program Request for Proposal. It also seeks authorization for the Director of Public Health and Social Services to execute contracts effective January 1, 2015 – December 31, 2015. On November 4th, 2014 the Board of County Commissioners approved the release of a Developmental Disabilities Program Request for Proposal (RFP) for services that would be provided in 2015. Revenue to fund these proposals will come from Thurston and Mason County dedicated property tax dollars (millage). Funding limits were set at $156,000 for Thurston County and $45,128 for Mason County. These amounts have been included in the 2015 Thurston County Public Health and Social Services Department budget authority. These funds and proposed contracts support community services that align with the goals of Thurston Thrives and offer assistance to people with developmental disabilities that cannot be paid for through other DSHS contracts. The RFP specifically sought proposals that supported the following Thurston Thrives Action Team Strategies: Child and Youth Resilience, Community Resilience, Clinical and Emergency Care, Economy, Education, and Housing. The Developmental Disabilities Program received 9 proposals in response to the RFP. These proposals were reviewed and scored by a group of citizen volunteers with broad knowledge of the needs of p eople with developmental disabilities and their families in both Thurston and Mason Counties. The Review Committee representing Thurston and Mason Counties included: A Mental Health – Chemical Dependency Counselor and p arent of a school age child with a developmental disability A Retired Special Ed ucation Teacher A Nurse with the Area Agency on Aging A Vocational Counselor with the Division of Vocational Rehabilitation A Case Manager with the Developmental Disabilities Administration An employee with Intercity Transit Prior to reading and scoring the proposals, the Review Committee was given background information on the Developmental Disabilities Program and Thurston Thrives. The Review Committee used the scoring tool summarized below as a way to quantify each committee member ’s op inion of the proposals. Scoring Criteria Each proposal was req uired to respond to seven areas of inquiry. The Review Committee evaluated each proposal according to these seven areas and scored them based on the quality of the response. Below is the criteria that was used to help guide the scoring. Each was scored on a scale of 1 (low) – 10 (high): 1. How well does the proposal address one or more of the Thurston Thrives Funding Priorities and further the Developmental Disabilities’ Mission? 2. How well does the proposal address the Who, What, Where, When, Why, & How of the proposal? How likely is it that the outcomes will be attained? 3. To what degree are the proposed outcomes clearly stated and measurable? 4. How well does the proposal describe, document, and address a need in the community? 5. How reasonable are the staff levels and costs when compared to the outcomes? 6. General Impressions: Do the proposal's ideas make sense and seem well thought out? Does the proposal seem attainable and in line with budget and staffing levels? 7. Extra Points: If the reviewer saw something in the proposal that deserved extra credit, they were allowed to add up to 10 points. Developmental Disabilities Staff consolidated the scores from each reviewer and prioritized the proposals based on the total scores. The prioritized list was used as the starting point for discussing funding recommendations when the Review Committee convened on November 25. At that meeting the Committee discussed each proposal and ultimately recommended funding 8 of the 9 proposals. Below are the Committee’s recommendations: Agency and Program Name South Sound Parent to Parent Helping Parent and Transition Support Program Protective Payee Services Community Case Management Program The Arc of Washington People First of Washington – Self Advocacy Career Quest Mason County High School Transition Program Career Quest Representative Payee and Intensive Case Management Program Nancy Murphy, LMHC Safe Relationships and Abuse Prevention Skills Group Exceptional Foresters and Vadis Partnership for Student Choice Thurston Mason $42,598 $8,284 $37,500 - $11,083 - - $10,000 - $22,000 $10,076 - $6,845 $4,844 Morningside High School Transition Services Senior Services for South Sound Senior Inclusion Program $47,898 - $0 $156,000 $45,128 The Review Committee did not include the Senior Inclusion Program proposal submitted by Senior Services for South Sound in its funding recommendations. However, after consideration of the Review Committee's recommendations, Public Health and Social Services staff in consultation with Board of County Commissioners members determined the elimination of funding for the Senior Inclusion Program would risk the unacceptable reduction or elimination of the Senior Center's efforts at inclusion of people with developmental disabilities in their programs. Public Health and Social Services staff identified other funding sources and modest reductions in funding and output expectations of the 8 programs recommended for funding that together would enable continuation of funding for the Senior Inclusion Program. The final Public Health and Social Services staff recommendation reflects that effort. All proposals recommended for funding are summarized below: South Sou nd Parent to Parent Helping Parent and Transition Support Program Family networks and community support groups that facilitate ed ucation, emotional stability, advocacy, and practical information for the family members of children, students, and adults with developmental disabilities. This service provides crisis intervention and long-term peer support to families in need of assistance. This contracted service will ad vance the county strategic plan goal of aligning county efforts with Thurston Thrives Child and Youth Resilience and the Education strategies. Career Quest and Protective Payee Services Community Case Management Program Payee and fiscal services such as Social Security reporting, bill paying, and money management assistance. Additional support services include assisting individuals with developmental disabilities to obtain chore services, food stamps, housing, and medical services as needed to assist with the pursuit of higher levels of self-reliance and indep endence in the community. These contracted services will advance the Thurston Thrives strategies of Community Resilience, Housing, and Clinical and Emergency Care. The Arc of Washington People First of Washington – Self Advocacy People First is a self-advocacy peer support group that assists adults with developmental disabilities to become proactive in their community and impact the service system in ways that reflect their interests, needs, and values. This contracted service will advance the Thurston Thrives Community Resilience strategies by promoting community participation for people with developmental disabilities through self advocacy and peer support. Morningside, Career Quest, Exceptional Foresters, and Vadis High School Transition Services High School Transition services for young adults and graduating students with d evelopmental disabilities and their families to provide assistance with identifying employment goals and developing skills and behaviors to further the goal of joining the community workforce after graduation. These contracted services will advance the Thurston Thrives strategies of Economy and Education. These services also exemplify collaborative community partnerships with local school districts. Nancy Murphy, LMHC Safe Relationships and Abuse Prevention Skills Group The Safe Relationships and Abuse Prevention Skills Group is a skills-based program that is organized around a curriculum developed by Seattle Rape Relief and adapted for use with p eople with developmental disabilities. It meets weekly during the school year and focuses on increasing personal empowerment at home and in the community. The group identifies resources, develops safety strategies, and works on personal safety issues. This contracted service will advance the Thurston Thrives strategies of Community Resilience and Clinical and Emergency Care by promoting participation in the community for people with developmental disabilities by teaching personal safety within a p eer support structure. Senior S ervices for South Sound Senior Inclusion Program The Inclusion Program at Senior Services for South Sound maintains the physical, emotional and cognitive health and well being of seniors with developmental disabilities in Thurston County. The Inclusion Program provides the foundation to build strong social, recreational, and educational networks for developmentally disabled seniors in Thurston County. We offer the resources and sup port for people with developmental disabilities to create relationships that will enrich and enhance their lives. These contracted services will advance the Thurston Thrives strategy of Community Resilience. Date Submitted: 12/3/2014 Initial Funding Review Committee Agency Requests Recommendations Parent to Parent $42,598 $42,598 Protective Payee Services $37,500 $37,500 The Arc of Washington $10,359 $10,359 Nancy Murphy $10,800 $10,800 EFI & Vadis $6,845 $6,845 Morningside $123,349 $47,898 Senior Center $30,000 $0 $261,451 $156,000 RecommendationsResult with Senior of Adjustments Center Alternate Funding Added In New RecommendationsOff-Set $42,598 $35,727 $4,500 $37,500 $31,452 $10,359 $8,688 $10,800 $9,058 $6,845 $5,741 $6,845 $47,898 $40,173 $30,000 $25,161 $186,000 $156,000 $11,345 Alternate Millage Net DistributionReduction $35,420 ($2,678) $37,500 $0 $8,688 ($1,671) $9,058 ($1,742) $0 $0 $40,173 ($7,725) $25,161 ($4,839) $156,000 ($18,655) Contractual Impact of Reductions Parent to Parent: Elimination of four inclusive recreational/social events and reduction in support group meetings. Note: Cost of inclusive social and recreational events may be picked up through fundraising. Low participation support groups could be eliminated. Protective Payee Services: This proposal came in at $2,000 less than last year. Funding at a lower level would reduce the capacity of a program that many people with developmental disabilities rely on to remain safe in the community. No cut recommended. The Arc of Washington: This adjusted amount is $637 more than last years contract. The new part of the proposal to do some training in schools and with families would be eliminated. Nancy Murphy / Abuse Prevention Program: The adjusted funding level would pay for 20 group training events instead of 24. Morningside: The millage reduction could mean that 2 or 3 graduating students don't get served next year. Senior Center: The reduction would mean a cut back in staff support to the program. The program would likely continue. Alternate Funding Off-Set Discussion The 2014-15 State DSHS/DDA has some funding available to collaborate with community partners to help young adults with developmental disabilities to become employed during the school year they turn 21. These funds can be dedicated to the Parent to Parent transition efforts and the EFI / Vadis Partnership Project. Long-term availability is uncertain. Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 11/19/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: 6b Lydia Hodgkinson, Administrative Assistant II - Public Health and Social Services - 8672503 Art Starry, Environmental Health Division Director - Public Health and Social Services - 867-2587 Item Title: A Resolution amending the Thurston County Pest and Vegetation Management Policy Action Needed: Pass Resolution Class of Item: Department List of Exhibits Resolution Amending Pest and Vegetation Mgmt Policy 120214.pdf Adobe Acrobat Document 610 KB b PAO c d e f g c Budget Office d e f g Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve a Resolution amending the Thurston County Pest and Vegetation Management Policy to include prohibiting the use of neonicotinoid insecticides on County owned or managed property, and clarifying and updating the policy consistent with current practices. Item Description: The Board of County Commissioners will consider amendments to the Thurston County Pest and Vegetation Management Policy (PVM) to prohibit the use of neonicotinoid insecticides on County owned or managed property. This action is being considered to further the county goal to minimize the use of pesticides and favor the use of least toxic pesticides when they are necessary, and help set an example by avoiding the use of neonicotinoid insecticides. The loss of bee populations and collapse of bee colonies has been linked to the use neonicotinoid pesticides. Since 2006 there has been a significant increase in the collapse of bee colonies and declining populations of bees in Washington State and the nation. Bees and other insect pollinator populations are critical for food crop production and agriculture, and the state and local agricultural economies are highly dependent on pollinators. The continued viability of the agricultural industry is important to food security and the ag ricultural heritage of the region. Neonicotinoid insecticides are a class of systemic pesticide chemicals that, when applied to plants or soil, are absorb ed and distributed throughout the plant, including its pollen and nectar. They can persist for years in soil where they can be absorbed by previously untreated p lants. Neonicotinoid applications result in nectar, pollen, and other plant material with concentrations of neonicotinoids known to cause adverse effects to honey bees, bumblebees, and other beneficial pollinators. The proposed amendments will also clarify and update the policy so it is consistent with current practices. The Thurston County Pest and Vegetation Management Policy was adopted by Resolution No. 10468 on October 25, 1993. The PVM Policy helps advance the Thurston Thrives Environment Action Team goal that the environment of our community contributes to the health of all residents. It will help promote safer ways to do things, reduce the use of harmful prod ucts, and reduce exposures to harmful materials. It also supports the Thurston County Strategic Plan Goals of promoting conditions in the community that support the health and well-being of individuals and families by preserving and enhancing our physical environment and natural resources by minimizing the county's environmental footprint, protecting and restoring the water quality and helping sustain biodiversity and ecosystems. Date Submitted: 11/20/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 6c Lydia Hodgkinson, Administrative Assistant II - Public Health and Social Services - 8672503 Gary Aden, Social Services Program Specialist III - Public Health and Social Services - 867-2532 Item Title: Approval of a State of Washington Department of Commerce Emergency Solutions Grant program contract Action Needed: Pass Motion Class of Item: Department List of Exhibits 2014 Housing Rapid Rehousing 121614.pdf Adobe Acrobat Document 169 KB Recommended Action: Move to approve the State of Washington Department of Commerce Emergency Solutions Grant program contract to provide Emerg ency Shelter, Homeless Prevention and Rapid Rehousing services to homeless and at risk of homeless individuals and families in Thurston County for total maximum contract amount of $219,234 for the duration of January 1, 2015 through June 30, 2016; and authorize the Director of Public Health and Social Services to sign the contract. Item Description: The state of Washington Department of Commerce has p rovided to the county federal funding through the Emergency Solutions Grant (ESG) in the amount of $219,234 to be used to provide Emergency Shelter, Homeless Prevention and Rapid Rehousing services to homeless and at risk of homeless individuals and families in Thurston County. The HOME Consortium in their spring 2014 round selected 3 recipients of these funds for the upcoming grant period and they include the Family Support Center, Catholic Community Services and the Community Action Council. This contract if approved will allow the county to enter into an agreement to receive the funding from the state Department of Commerce. This contract is normally 12 months in length but during this funding cycle, Commerce will be extend the contract six months and provide additional funding through amendments. The duration of this contract will be 18 months (January 1, 2015 through June 30, 2016.) Commerce plans to p rovide additional funding, also through amendment, during the extended time frame to make certain services will continue. This 18 month contract with funding for a 14 month period begins January 1, 2015 and has a total value of $219,234. An amendment in the amount of approximately $62,638 will be received before the end of 2015. Thurston Thrives Housing Strategies ad dressed in this contract include the creation of a cohesive crisis response system to serve those who are homeless. Date Submitted: 12/5/2014 2014 Budgeted Revenue 2 State Contracts $1.1m 1 HUD (HOME/CDBG) $2.5m 3 Fees (2060/2163) $1.7m 4 County/HHSC/Misc $340k Housing and Community Renewal $5.6m Administration $503k – 4.0 FTE’s (1,2,3,4) Construction $1.7m (1,2,3) O&M Coordinated Entry Homeless Coordinater $526k Rapid Rehousing Rental Assistance $2.3m Support Services Shelter $370k Social Services HHSC $234k (2,3) (2,3) (4) InterfaithWorks SideWalk Family Support Center Community Action Council Community Youth Services N.W. Resources Catholic Community Services Point-InTime (City of Olympia) The Salvation Army People’s House Community Action Council (3) PANZA City of Tenino City of Yelm Town of Bucoda HomesFirst! Habitat for Humanity Yelm Community Services Community Action Council Foundation for the Challenged Housing Authority of Thurston County Family Support Center Catholic Community Services Family Support Center SideWalk Community Youth Services Theresa Slusher Catholic Community Services Yelm Community Services Housing Authority of Thurston County InterfaithWorks Out of the Woods PANZA SafePlace The Salvation Army Budgeted expenditures, actual subcontract amounts may vary Behavioral Health Resources Catholic Community Services CHOICE Regional Health Network Community Youth Services Crisis Clinic Family Support Center Olympia Free Clinic SafePlace Senior Services Thurston County Food Bank YWCA Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/5/2014 Agenda Item #: 6d Lydia Hodgkinson, Administrative Assistant II - Public Health and Social Services - 8672503 Gary Aden, Social Services Program Specialist III - Public Health and Social Services - 867-2532 Item Title: Approval to amend Interfaith Works contract for the Overnight Shelter Program Action Needed: Pass Motion Class of Item: Department List of Exhibits 2014 Housing Interfaith Works Overnight shelter contract amend 121614.pdf Adobe Acrobat Document 169 KB b PAO c d e f g c Budget Office d e f g Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve an amendment to the Interfaith Works contract for a revised total maximum contract amount of $275,368 and a revised termination date of November 30, 2015 for the continued operation of the Overnight Shelter program; and authorize the Director of Public Health and Social Services to sign the contract amendment. Item Description: In the Spring of 2013 Interfaith Works was recommended to receive funding in the HOME Consortium funding round for the development of an emergency shelter program in Thurston County. The initial approval provided predevelopment funding of $82,511 and retained a balance of $192,857 in reserved funding to be used for future emergency shelter provision through amendment of the contract or as directed by the Board of County Commissioners. On October 7, 2014 the Board approved a contract with Interfaith Works to implement the Interfaith Works Overnight Shelter Program. This program provides emergency shelter to vulnerab le adults in Thurston County and is located at First Christian Church in the City of Olympia. This initial contract was for the period of Sep tember 1, 2014 through January 12, 2015 for a maximum total consideration of $82,511. During this time frame Interfaith Works was to obtain approval from the City of Olympia Hearing Examiner for continued operation of the shelter beyond the January 12 th date. Subsequently, the Hearing Examiner has approved the continued operation of the Shelter, sub ject to certain terms and conditions. This is a request to amend the current contract providing additional funding of $192,857 for a revised total maximum contract amount of $275,368 and a revised termination date of November 30, 2015; utilizing the remaining funds held in reserve and allow the emergency shelter program to continue operation. Thurston Thrives strategies addressed in this contract include the creation of a cohesive crisis response system to serve those who are homeless. Date Submitted: 12/10/2014 2014 Budgeted Revenue 2 State Contracts $1.1m 1 HUD (HOME/CDBG) $2.5m 3 Fees (2060/2163) $1.7m 4 County/HHSC/Misc $340k Housing and Community Renewal $5.6m Administration $503k – 4.0 FTE’s (1,2,3,4) Construction $1.7m (1,2,3) O&M Coordinated Entry Homeless Coordinater $526k Rapid Rehousing Rental Assistance $2.3m Support Services Shelter $370k Social Services HHSC $234k (2,3) (2,3) (4) InterfaithWorks SideWalk Family Support Center Community Action Council Community Youth Services N.W. Resources Point-InTime (City of Olympia) The Salvation Army Interfaith Works Overnight Shelter Community Action Council (3) PANZA City of Tenino City of Yelm Town of Bucoda HomesFirst! Habitat for Humanity Yelm Community Services Community Action Council Foundation for the Challenged Housing Authority of Thurston County Family Support Center Catholic Community Services Family Support Center SideWalk Community Youth Services Theresa Slusher Catholic Community Services Yelm Community Services Housing Authority of Thurston County InterfaithWorks Out of the Woods PANZA SafePlace The Salvation Army Budgeted expenditures, actual subcontract amounts may vary Behavioral Health Resources Catholic Community Services CHOICE Regional Health Network Community Youth Services Crisis Clinic Family Support Center Olympia Free Clinic SafePlace Senior Services Thurston County Food Bank YWCA Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/26/2014 Agenda Item #: 2:05 Ruth Pierce, Office Assistant, Senior - Public Works - 867-2274 Scott Lin dblom, En gineering Project Manager - Public Works - 867-2329 Item Title: Salmon Creek Bridge Replacement and Prather Road Project Overviews Action Needed: Other Class of Item: Timed - Presen tation List of Exhibits File Attachment Recommended Action: No action required. Item Description: Public Works recently completed two significant projects; the Salmon Creek L-4 Bridge and Prather Road culvert rep lacement. The Salmon Creek L-4 Bridge project began in late January of this year when the bridge was closed after cracks were discovered in the bridge structure. Eight months later, a new bridge had been funded, designed, permitted, constructed and open to traffic. A section of Prather Road in southwest Thurston County was closed after heavy rains during the winter of 2013-2014 caused part of the road embankment to fail and block a culvert. Upon completion of design and permitting, Public Works crews moved forward with the construction work, including removal of thousands of cubic yards of material, installation of a new culvert with fish passage features, and rebuilding of the road . These two projects were delivered under emergency circumstances which required staff to reprioritize the department’s 2014 work program. The timely delivery of these very important projects is a testament of the commitment, dedication and skill Public Works staff has to provide services to the citizens of the County by maintaining a safe and reliable transportation network. Date Submitted: 11/26/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 11/26/2014 Agenda Item #: Ruth Pierce, Office Assistant, Senior - Public Works - 867-2274 Pam Dittloff, Right of Way Agent, Senior - Public Works - 867-2354 Item Title: Public Hearing to Consider the Transfer of Ownership of Portions of Moon Road SW, 183rd Ave. SW, 188th Ave. SW and 195th Ave. SW to the Confederated Tribe of the Chehalis Reservation (Chehalis Tribe) Action Needed: Pass Motion Class of Item: Timed - Public Hearing List of Exhibits 14-PW 051_MapPublicHearingTr ansferR.O.W.ToChehalisT ribe.doc.pdf Adobe Acrobat Document 1.08 MB File Attachment Recommended Action: Move to close a public hearing to consider the transfer of ownership of p ortions of Moon Road SW, Anderson Road SW, 183rd Avenue SW, 188th Avenue SW and 195th Avenue SW to the Chehalis Tribe. Item Description: The Intergovernmental Disposition of Property statute, RCW 39.33.010, allows a county to "sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or prop erty rights" to a federally recognized Indian tribe. RCW 33.33.020 requires the County to hold a public hearing. The Chehalis Tribe, a federally recognized Indian tribe, has requested that the County transfer ownership of portions of Moon Road SW, Anderson Road SW, 183 rd Avenue SW, 188th Avenue SW and 195th Avenue SW, all of which lie partially or wholly within the reservation of the Confederated Tribes of Chehalis. Each of the roads ends within the reservation. The roads have been dedicated for road purposes since 1909 by waivers and deeds. The properties will continue to be operated and maintained in perpetuity for public road purposes, open and available to both tribal members and nonmembers. The Tribe intends to improve and maintain these roads and it would be advantageous for the ownership of the road segments to be consolidated within the Bureau of Indian Affairs and the Tribe. Date Submitted: 11/26/2014 Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/1/2014 Agenda Item #: 5:30 Marcie Taylor, Office Assistant, Senior - Public Works - 867-2275 Ramiro Chavez, Director - Public Works - 867-2271 Item Title: Public Hearing to consider the formation of a Transportation Benefit District in unincorporated Thurston County Action Needed: Pass Motion Class of Item: Timed - Public Hearing List of Exhibits 14-PW -053_Final_Draft 12-3-2014 Ordinance establishing Thurston County TBD.docx Microsoft Word Document 39.4 KB Recommended Action: Move to close the public hearing Item Description: Transportation funding in Thurston County has been reduced in recent years due to statewide initiatives, declining revenues from the state motor fuel tax, and decreases in available state and federal funding. However, transportation safety, preservation, and other transportation needs are increasing due to aging infrastructure, population growth, development, and other causes. In order to reduce the risk of transportation facility failure, improve safety, improve travel time, promote optimal performance of the infrastructure over time, avoid more expensive infrastructure replacements in the future, and provide other benefits the County needs to supplement current revenues with alternative revenue sources. Therefore, the Public Works Department is requesting the Board of County Commissioners set a public hearing to receive public comments regarding the creation of a transportation benefit district in unincorporated Thurston County, Washington, in order to finance the acquisition, construction, operation, maintenance and preservation of public transportation facilities, services and programs, roads and any other projects authorized by chapter 36.73 RCW. A transportation benefit district is a separate quasi-municipal corporation and taxing district authorized by RCW 36.73 that can be established by a city or county. It is similar in nature to a flood control district, ferry district or the Regional Transit Authority (Sound Transit). Transportation benefit districts are granted the authority to acquire, construct, improve, provide and fund transportation improvements identified in the transportation plan of the state, regional planning organization, city, county or other eligible jurisdiction. A transportation improvement may also include operations, maintenance, and preservation related to roads, high capacity transportation, public transportation, transportation demand management, and other transportation projects and programs consistent with those same plans. The first step in the process to establish a transportation benefit district is a public hearing in order for the Board of County Commissioners to hear support or objections to the formation. Date Submitted: 12/1/2014 ORDINANCE NO. ____________ AN ORDINANCE establishing a transportation benefit district within unincorporated Thurston County, Washington, providing for transportation improvements within the district in accordance with chapter 36.73 RCW, and adding a new chapter to title 2 TCC. WHEREAS, Thurston County maintains over 1,000 centerline miles of roads plus bridges, sidewalks, drainage systems, traffic signals, bicycle and pedestrian facilities and trails, and the existing transportation systems are aging; and WHEREAS, according to the Washington Transportation Plan 2007-2026 approved by the Washington Transportation Commission, the highest priority is to maintain the capacity of the existing transportation system. Aging infrastructure requires ongoing maintenance, upgrades, and replacement to maintain and improve safety and mobility needs. A reliable and well‐functioning transportation system provides a return on investment through job creation, shared prosperity, and enhanced competitiveness. Continuous investment in the transportation system is a critical economic development requirement for retaining and attracting companies to locate in Washington; and WHEREAS, the 2025 Regional Transportation Plan for the Thurston Region approved by the Thurston Regional Planning Council emphasizes System Management as an essential function associated with owning and operating the transportation system. System Management focuses on enhancing safety and maintenance; increasing system efficiency through demand management; harnessing technologies to improve safety and efficiency; and improving freight mobility; and WHEREAS, the Thurston County Comprehensive Plan includes a goal to provide transportation systems that enhance the health, safety and welfare of Thurston County citizens; and WHEREAS, the cost to construct, maintain, operate and preserve transportation infrastructure has escalated while funding for improvements to the transportation infrastructure has declined in Thurston County. However, transportation safety, preservation, and other transportation needs are increasing due to aging infrastructure, population growth, development, and other causes; and WHEREAS, RCW 36.73.020 authorizes the legislative authority of a county to establish a transportation benefit district within the county for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district consistent with existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, a transportation benefit district is a quasi-municipal corporation, an independent taxing authority and a taxing district within the meaning of Article VII, sections 1 and 2 of the Washington State Constitution; and WHEREAS, RCW 82.80.140 authorizes a transportation benefit district created by a county to impose, by a majority vote of the governing board of the district, an annual vehicle fee of up to twenty dollars provided the district includes all of the territory within the county and if the county negotiates with the cities an interlocal agreement that distributes the revenues of the vehicle fee to each city within the county. The interlocal agreement must be approved by the county and sixty percent (60%) of the cities representing seventy-five (75%) percent of the population of the cities within the county; and WHEREAS, if the interlocal agreement in RCW 82.80.140 cannot be reached, RCW 36.73.065 authorizes a transportation benefit district that includes only the unincorporated territory of a county to impose by a majority vote of the governing body of the district an annual vehicle fee of up to twenty dollars; and WHEREAS, two cities within Thurston County, the City of Olympia and the City of Tumwater, have established transportation benefit districts within their boundaries pursuant to chapter 36.73 RCW; and WHEREAS, by letter dated July 19, 2011, from the Board of Thurston County Commissioners to the mayor and council of each city and town within Thurston County, the County informed those cities and towns of the County’s intent to form a transportation benefit district that included all of the territory within the County; and WHEREAS, the letter requested that each city and town within the County respond by August 15, 2011, and inform the County if the city or town would be interested in or willing to enter into interlocal agreement negotiations as required by RCW 82.80.140; and WHEREAS, by August 15, 2011, the County received one response from one of the six cities and no response from the one town within the County; and WHEREAS, in a letter dated August 5, 2011, and reconfirmed on December 3, 2014, the City of Olympia stated its intent not to participate in the formation of a countywide transportation benefit district; and WHEREAS, the 2014 population of Thurston County is approximately 264,000, and of that population figure approximately 125,900 represents the incorporated territory; and WHEREAS, the 2014 population of the three major cities in Thurston County, Olympia, Lacey and Tumwater, totals about 113,850, or 39%, 36% and 15% respectively of the total 2014 population of 125,900 of the incorporated territory; and WHEREAS, the City of Olympia represents 39% of the 2014 population of 125,900 of incorporated cities, and without their participation the formation of a countywide transportation improvement district is not achievable under the requirements of RCW 82.80.140 to have 75% representation of the total population of incorporated cities; and WHEREAS, the Board of Thurston County Commissioners therefore concludes that it would be futile to pursue negotiation of the interlocal agreement required by RCW 82.80.140, and that such an agreement cannot be reached within the meaning of RCW 36.73.065; and WHEREAS, in order to reduce the risk of transportation facility failure, improve safety, improve travel time, promote optimal performance of the infrastructure over time, avoid more expensive infrastructure replacements in the future, and provide other benefits within the purview of chapter 36.73 RCW, the County sees the need to limit the risk to the transportation system by creating alternative revenue sources; and WHEREAS, the best interests of Thurston County and its residents would be served by the establishment of a transportation benefit district within the unincorporated territory of Thurston County as it currently exists; and WHEREAS, pursuant to RCW 36.73.050, having provided proper notice, held a public hearing on December 16, 2014, heard public comments including any objections regarding the formation of a transportation benefit district as provided herein, the Board of Thurston County Commissioners finds this action to be in the public interest; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are hereby adopted as findings of fact, conclusions, and purpose of this ordinance as if set forth in full herein. Section 2. A new chapter is added to Title 2 of the Thurston County Code to read: Chapter 2.128 THURSTON COUNTY TRANSPORTATION BENEFIT DISTRICT Sections: 2.128.010 2.128.020 2.128.030 2.128.040 2.128.050 2.128.060 Transportation Benefit District established. Governing board. Powers of the district. Use of funds. Dissolution of the district. Liberal construction. 2.128.010 Transportation Benefit District established. There is established the Thurston County transportation benefit district with geographical boundaries comprised of the unincorporated limits of Thurston County, Washington. 2.128.020 Governing board. A. The governing board of the transportation benefit district shall be the Board of Thurston County Commissioners acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in chapter 36.73 RCW. B. The treasurer of the transportation benefit district shall be the Thurston County treasurer. C. The governing board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements of RCW 36.73.160(1). D. The governing board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 2.128.030 Powers of the district. The governing board of the transportation benefit district shall have and may exercise the powers set out in chapter 36.73 RCW and this chapter to fulfill the purpose of the district. 2.128.040 Use of funds. The funds generated by the transportation benefit district may be used for any purpose allowed by law including to operate the district and to acquire, construct, improve, provide and fund transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to chapter 36.73 RCW, as enacted or subsequently amended. The transportation improvements funded by the district shall be made in an effort to reduce the risk of transportation facility failure and improve safety performance, increase operating efficiency and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future by investing in programs that provide: A. Transportation System Preservation. Preserve, operate, maintain, and/or improve existing transportation infrastructures. B. Transportation System Safety. Improve the safety performance and security of those who use the transportation system. C. Transportation System Technology. Use technology-based approaches to address transportation congestion, safety performance, efficiency, and operations. D. Other Projects. Any change or expansion of these authorized purposes shall be undertaken only after notice, public hearing and adoption of an authorizing ordinance in accordance with RCW 36.73.050(2)(b). 2.128.050 Dissolution of the district. The transportation benefit district shall be dissolved when all indebtedness of the district has been retired and when all of the anticipated responsibilities of the district have been satisfied. 2.128.060 Liberal construction. As authorized under chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. Section 3. The provisions of this ordinance shall be severable, and if any provisions of this ordinance or its application to any person or circumstances is, for any reason, declared invalid, illegal or unconstitutional, in whole or in part by any court or agency of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof, and all other provisions of this ordinance shall remain in full force and effect. Section 4. This ordinance shall take effect immediately upon adoption. ADOPTED:___________________________ BOARD OF COUNTY COMMISSIONERS Thurston County, Washington ATTEST: __________________________________ Clerk of the Board ___________________________________ Chair APPROVED AS TO FORM: JON TUNHEIM PROSECUTING ATTORNEY By: _______________________________ Deputy Prosecuting Attorney ___________________________________ Vice-Chair ___________________________________ Commissioner CODIFY Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 11/25/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: Jeremy Davis, Planner, Senior - Resource Stewardship - 754-3355, x 7010 Cindy Wilson, Planner, Senior - Resource Stewardship - 7 86-5475 Item Title: Hold a public hearing to accept and consider pub lic comment on an amendment to the Thurston County Impact Fee Schedule - 2015 School District Impact Fees Action Needed: Pass Resolution Class of Item: Timed - Public Hearing List of Exhibits RESOLUTION.Impact Fees.121614 Amendment TumOly SD 2015 Annual.FINALforHearing. doc.pdf Adobe Acrobat Document 12.4 KB Impact Fee Resolution Public Hearing Notice Publish 11262014 Copy.pdf Adobe Acrobat Document 7.90 KB b PAO c d e f g g Budget Office c d e f Notes: c FinSvcs d e f g c HR d e f g g CAO c d e f g Other c d e f Recommended Action: Move to approve a resolution amending the Thurston County Impact Fee Schedule to update the Olymp ia School District and Tumwater School District impact fees. Item Description: The Board of County Commissioners adopted regulations permitting the collection of impact fees with Ordinance No. 14819 on December 11, 2012, effective April 2, 2013. The Thurston County Impact Fee Schedule was adopted at the same time with Resolution No. 14820, also effective April 2, 2013. The Impact Fee Schedule was last updated on December 10, 2013 to update the school district impact fees for the Olympia School District and the Tumwater School District. Fees collected for school districts are based on the school district's capital facilities p lan, and may change from year to year. These fees are immediately passed on to the school district from the County. Thurston County currently collects impact fees for the Tumwater, Rochester, Olympia, and Yelm School Districts. The County amends the impact fee schedule on an annual basis based on the most recently adopted school district capital facilities plan. Yelm Community Schools and the Rochester School District have indicated that their fees will remain the same for 2015. Tumwater School District passed their updated capital facilities plan for 2015-2020. Their fees will be increasing over the amended fees approved by the Board on December 10, 2013. The fee for single family dwelling units has increased from $3,327 to $3,407 per unit, and the multi-family fee has increased from $416 to $958 per unit in the latest capital facilities plan. Olymp ia School District passed their updated capital facilities plan for 2015-2020. Their fees will be decreasing over the amended fees approved by the Board on December 10, 2013. The fee for single family dwelling units has decreased from $5,895 to $4,978 per unit, and the multi-family fee has decreased from $1,719 to $1,676 per unit in the latest capital facilities p lan. Date Submitted: 11/25/2014 RESOLUTION NO. ____________ A RESOLUTION RELATING TO THE AMENDMENT OF THE THURSTON COUNTY IMPACT FEE SCHEDULE TO CHANGE THE TUMWATER SCHOOL DISTRICT IMPACT FEES. WHEREAS, the Board of County Commissioners has authority to adopt fees for permits, applications and other services provided by the Resource Stewardship Department and Public Works Department; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 14819 on December 11, 2012, effective April 2, 2013, which amended the Thurston County Code to add regulations for the assessment of impact fees; and WHEREAS, the Board of County Commissioner adopted Resolution No. 14820 on December 11, 2012, effective April 2, 2013, which adopted the Thurston County Impact Fee Schedule; and WHEREAS, Resolution No. 14864 adopted on March 19, 2013, effective April 2, 2013 added impact fees for the Olympia, Tumwater, Yelm, and Rochester School Districts for the collection of impact fees; and WHEREAS, Resolution No. 14942 adopted on October 29, 2013, effective November 1, 2013, corrected impact fees for the Tumwater School District; and WHEREAS, Resolution No. 14969 adopted on December 10, 2013, effective January 1, 2014, amended the Thurston County Impact Fee Schedule to update the Tumwater and Olympia School District Impact Fees for 2014; and WHEREAS, the Tumwater School District passed their new capital facilities plan for 2014-2020 that includes an increase in the impact fee to be collected by Thurston County; and WHEREAS, the Olympia School District passed their new capital facilities plan for 2015-2020 that includes an increase in the impact fee to be collected by Thurston County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY as follows: Section 1. The Thurston County Impact Fee Schedule for land use activities is hereby amended as set forth in Attachment A. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Resolution, or its application to any person is, for any reason, declared invalid, illegal or unconstitutional, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. Page 1 Section 5. Effective Date. This resolution shall take effect January 1, 2015. ADOPTED: ____________ ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington ____________________________ Clerk of the Board APPROVED AS TO FORM: Chair Jon Tunheim PROSECUTING ATTORNEY Vice-Chair Jeff Fancher Deputy Prosecuting Attorney Commissioner Page 2 ATTACHMENT A: THURSTON COUNTY IMPACT FEE SCHEDULE ... Single Family Multi Family Single Family Multi Family Single Family Multi Family Single Family Multi Family SCHOOLS IMPACT FEE SCHEDULE Housing Type Impact Fee per Dwelling Unit Olympia $4,9785,895 $1,6761,719 Rochester $2,531 $2,531 Tumwater $3,4073,327 $958416 Yelm $3,015 $1,590 ... Page 3 NOTICE OF PUBLIC HEARING FOR THE THURSTON COUNTY BOARD OF COUNTY COMMISSIONERS The Thurston County Board of County Commissioners (Board) will hold a public hearing on Tuesday December 16, 2014 at 3:00 p.m., or soon thereafter, in Room 280, Building 1 of the Thurston County Courthouse Complex, 2000 Lakeridge Dr. SW, Olympia, WA 98502. The public hearing is to take public testimony on a resolution that amends the Thurston County Impact Fee Schedule adopted by Resolution No. 14820, as amended, to change school impact fees for the Tumwater School District to be consistent with their 2014-2020 capital facilities plan. For the Tumwater School District, the fee for single family dwelling units has increased from $3,327 to $3,407 per unit, and the multi-family fee has increased from $416 to $958 per unit. The fees would be effective on January 1, 2015. Further information can be obtained by calling Cindy Wilson at (360) 786-5475, or by email at [email protected]. Hard copies of referenced documents are available at the Thurston County Resource Stewardship Department, Permit Assistance Center, 2000 Lakeridge Drive SE, Olympia, Washington and online at the Thurston County Resource Stewardship – Long Range Planning Department Website www.thurstonplanning.org. Those wishing to testify should appear and be heard. If unable to attend, written comments may be submitted by email to the staff contact listed above by December 16, 2014 by 2:00 P.M., or at the public hearing, or by mail to Resource Stewardship Department – Long Range Planning, 2000 Lakeridge Drive SW, Olympia, Washington, 98502. If you need special accommodations to participate in this meeting, call (360) 786-5489 and ask for the ADA Coordinator. Citizens with hearing impairments may call the TDD line at (360) 754-2933. La Bonita Bowmar, Clerk of the Board DO NOT PUBLISH BELOW THIS LINE Publish November 26, 2014 Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 11/26/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: 3:00 Barbara Burgener, Program Manager - Commissioners - 867-2092 Barbara Burgener, Program Manager - Commissioners - 867-2092 Presenter #2: Elizabeth Petrich, Deputy Prosecuting Attorney, Senior - Prosecuting Attorney - 786-5574 Item Title: Hold a public hearing to accept and consider pub lic comments on changes to County Code chapter 5.49 -Mental Health, Chemical Dependency and Therapeutic Courts Sales and Use Tax. Action Needed: Pass Resolution Class of Item: Timed - Public Hearing List of Exhibits Final Ordinance.pdf Adobe Acrobat Document 218 KB b PAO c d e f g c Budget Office d e f g Notes: c FinSvcs d e f g c HR d e f g c CAO d e f g c Other d e f g Recommended Action: Move to approve a resolution amending the County Code chapter 5.49 -Mental Health, Chemical Dependency and Therapeutic Courts Sales and Use Tax. Item Description: On Septemb er 10, 2014 the Board of County Commissioners were briefed with the purpose of seeking guidance on proposed changes to County Cod e chapter 5.49 -Mental Health, Chemical Dependency and Therapeutic Courts Sales and Use Tax. These changes were based on a 2012 legal review of Ordinance 14138 to provided clarity on appropriate expenditures to remove outdated directives and seek guidance on 2009 policy goals. Guidance from the Board of County Commissioners was also sought on eliminating the sunset date on the collection of this tax as of January 1, 2017. The Board adop ted the draft recommendation to chap ter 5.49.040 of the County Code and directed staff to remove the words "by reducing their involvement with the criminal justice system" from policy goal #1. Staff were also directed to change the word "bylaws" in the draft revisions to section 3.d in chapter 5.49.050 of the county code to "operating procedures" and instructed staff to revise the language to section 3.d to address concerns about conflict of interest. The staff were also directed to keep the current expiration date of January 1, 2017 in the draft revisions to chapter 5.49.090 of the County Code. Date Submitted: 12/1/2014 Board of County Commissioners AGENDA ITEM SUMMARY Date Created: 12/2/2014 Agenda Date: 12/16/2014 Created by: Presenter: Agenda Item #: 3:00 Teresa Wollan, Accounting Analyst - Auditor - 867-2263 Robin Campbell, County Manager, Assistant - Commissioners - 709-3063 Item Title: Public Hearing Adopt 2015 ERRATA Budget Amend ment Action Needed: Pass Resolution Class of Item: Timed - Public Hearing List of Exhibits Attachment A-2015 ERRATA Amendment.pdf Adobe Acrobat Document 567 KB Attachment B-2015 ER&R Capital Outlay.pdf Adobe Acrobat Document 202 KB County Manager Adopt ERRATA 2015 -docx.docx Microsoft Word Document 15.1 KB g PAO b c d e f c Budget Office d e f g Notes: g FinSvcs c d e f g HR c d e f c CAO d e f g c Other d e f g Expenditures: Increase Expenditures (General Fund) $101,736 Decrease Expenditures (Other Funds) ($847,232) Increase in ending Fund Balance (General Fund) $93,947 Increase in ending Fund Balance (Other Funds) $1,509,066 Total Increase in Expenditure Authority $857,517 Financed By: Increase Revenue (General Fund) $195,683 Increase Revenue (Other Funds) Total Increase in Financing Sources $661,834 $857,517 Recommended Action: Move to approve the 2015 ERRATA (Error and Technical Adjustment) Budget Amendments per Resolution including Attachments A & B. Item Description: It is necessary to ad just the 2015 County budget to account for revenues and expenditures which are now identified and which were not known to the County at the time of the original adoption of the 2015 budget, including: unanticipated revenues and expenditures, position control, grant contracts awarded and associated interfund transfers. The amendment includes a net increase in expenditures from the General Fund of $101,736 and a decrease in expenditures for Other Funds of $847,232. Attachment A and B p rovides the details of these proposed budget changes. Date Submitted: 12/2/2014 RESOLUTION #__________ A RESOLUTION authorizing supplemental appropriations to the 2015 budget, and expenditure budget amendments to the 2015 budget in the funds and departments listed in Attachment A and B to this Resolution. WHEREAS, a public hearing was held on December 16, 2014, pursuant to RCW 36.40.100; and WHEREAS, it is necessary to adjust the 2015 County budget to account for revenues and expenditures which are now identified and which were not known to the County at the time of the original adoption of the 2015 budget, including unanticipated revenues and expenditures, position control, grant contract awards, and associated interfund transfers; and WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachment A and B to this Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified, which were not known at the time of original budget adoption; and WHEREAS, the net total of adjustments to 2015 authorized expenditure appropriations in the General Fund is an increase of $101,736; and WHEREAS, the net total of adjustments to 2015 authorized expenditure appropriations in funds other than the General Fund is a decrease of $847,232; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THURSTON COUNTY DOES RESOLVE AS FOLLOWS: The budget amendment to the 2015 budget for Thurston County is approved as provided in Attachment A and B to this Resolution. ADOPTED: _________________ BOARD OF COUNTY COMMISSIONERS Thurston County ATTEST: ____________________________ Clerk of the Board ________________________________ Chair APPROVED AS TO FORM: JON TUNHEIM PROSECUTING ATTORNEY ________________________________ Vice Chair By: ________________________ Deputy Prosecuting Attorney ________________________________ Commissioner Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/4/2014 Agenda Item #: 7a Becca Pilcher, Commissioner's Assistant - Commissioners - 786-5747 Scott Cushing, Deputy Prosecuting Attorney II - Prosecuting Attorney - 7865574, x 7862 Item Title: Consider adoption of ordinance amending the Thurston County Code relating to pet animals and the review and appeal process for potentially dangerous dogs or dangerous dogs. Action Needed: Pass Ordinan ce Class of Item: Commissioners and Manager's Items List of Exhibits OrdinanceDangerousDogsFINAL.do c Microsoft Word 97 2003 Document 40.5 KB Recommended Action: Move to consider adoption of an ordinance amending Section 9.10.050 and Section 9.10.070 of the Thurston County Code relating to regulations and violations relating to pet animals and the review and appeal process for potentially dangerous dogs or dangerous dogs. Item Description: The existing 2003 ordinance is not clear about app eal process, and the revision offers definition as well as making the process consistent across all four jurisdictions participating in the Joint Animal Services agreement. Date Submitted: 12/8/2014 ORDINANCE NO. _________________ AN ORDINANCE amending Section 9.10.050 and Section 9.10.070 of the Thurston County Code relating to regulations and violations relating to pet animals and the review and appeal process for potentially dangerous dogs or dangerous dogs. WHEREAS the safety and protection of the citizens of Thurston County requires that animals be controlled in all unincorporated areas of Thurston County; and WHEREAS owners of animals owe a duty to other residents of Thurston County to assume responsibility for the behavior of their animals; and WHEREAS the Board of County Commissioners pursuant to Chapter 16.08 RCW has the authority to regulate and control dangerous and potentially dangerous dogs; and WHEREAS menacing animals pose a real threat to the safety and well being of the citizens of Thurston County; and WHEREAS limited County resources are best used to protect county residents from menacing animals and dangerous and potentially dangerous dogs; and WHEREAS an Interlocal Agreement for Joint Animal Services Operations (“Interlocal” set forth in Attachment A, attached hereto and incorporated herein by reference) was executed by the City of Lacey, City of Olympia, City of Tumwater, and Thurston County and supersedes all prior agreements between these parties on the same subject matter, which is to formalize a process whereby animal protection and control activities can be provided for the parties; and WHEREAS the Interlocal designates the City of Lacey as the agency with the authority and responsibility for providing any and all administrative services required that are related to provision of animal protection and control services; and WHEREAS the review process for determining dangerous dogs is an administrative service related to animal protection and control services; and WHEREAS appeal hearings process for determining dangerous dogs is an administrative service related to animal protection and control services; and WHEREAS pursuant to Lacey Municipal Code 2.30.030 the City of Lacey hearing examiner is qualified through training and experience to conduct administrative or quasi-judicial hearings. NOW, THEREFORE, the Board does ordain as follows: Section 1. Section 9.10.050 of the Thurston County Code is hereby amended as follows: 9.10.050 Regulations and violations relating to pet animals. … C. Unleashed Pet Animal on Public Property. Such person's pet animal is on public property such as a public park, beach or school ground and not on a leash held by a person who is able to maintain physical control of the animal, or is in violation of additional specific restrictions which have been posted. Such restrictions shall not apply to cats, guide dogs for the visually impaired, service animals for the physically handicapped where being off leash is necessary to the service, or to dogs on fenced areas of public property specifically designated as areas for dogs without the requirement of a leash. A first violation of unleashed pet animals on public property is a Class 4 infraction. A second and any subsequent violation shall be a Class 3 infraction. Section 2. Section 9.10.070 of the Thurston County Code is hereby amended as follows: 9.10.070 Potentially dangerous dog or dangerous dog C. Declaration as Potentially Dangerous or Dangerous Dog. 2. The declaration shall state at least: … e. The availability of a hearing review of the declaration in case the person objects to the declaration, if a written request for a review is made within ten days of mailing the declaration or the date of publication, if the publication was published; f. The availability of an appeal of the declaration to the City of Lacey hearings examiner, if a written request for such an appeal is filed with the board or its designee within ten days after receipt of the written findings pursuant to the review of the declaration; fg. The restrictions placed on the dog as a result of the declaration of potentially dangerous or dangerous; gh. The penalties for violation of the restriction, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper. 3. If the owner or keeper of the dog or the complaining citizen wishes to object to the declaration of potentially dangerous or dangerous, they owner or keeper may, within ten days of receipt of the declaration, or within ten days of publication of the declaration pursuant to Section 9.10.070(C)(1)(c), request a hearing before the board or its designee. The review will be scheduled by the board or its designee within a reasonable time after receipt of the request for review. 4. Pending the review, the owner or keeper of such dog shall comply with any restriction specified in the declaration. a. If the board or its designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. b. If the board or its designee finds sufficient evidence to support the declaration the board or its designee may impose the same or different restrictions on the dog. c. The decision of the board or its designee to rescind the declaration or to affirm the declaration as potentially dangerous or dangerous, and any resulting restrictions shall be stated in a document containing written findings sent to the owner or keeper of the dog via regular and certified mail, return receipt requested, or delivered in person to the owner. A copy of such document shall be provided to the complaining citizen in the same manner. c. While the appeal is pending before the board or its designee, the potentially dangerous or dangerous dog must be confined to the owner's or keeper's property in such a way to prevent approach of the public or other pet or domestic animals. When in a vehicle, the dog must be securely restrained to prevent escape and prevent accidental contact by the public. The owner or keeper of a dog declared to be dangerous or the complaining citizen may appeal the findings of the board or its designee to the joint animal services commission. 45. After the board or its designee’s review of the declaration, Tthe owner or keeper of a dog declared to be dangerous or potentially dangerous or the complaining citizen may appeal the findings of the board or its designee declaration to the City of Lacey hearings examinerjoint animal services commission. a. The owner or keeper of a dog declared to be dangerous or potentially dangerous or the complaining citizen must submit a written request to joint animal services commission for a review of the board or its designee's finding within ten days of receipt of the written findings. b. The owner or keeper and the complaining citizen shall be notified of the time and place for the review hearing. c. The joint animal services commission may affirm, reverse or modify the findings of the board or its designee. d. The decision of the joint animal services commission shall be mailed by certified mail to the owner/keeper and complaining citizen. a. In addition to any other requirements, the written appeal shall contain the following: i. A brief statement as to how the owner is significantly affected by or interested in the decision of the board of its designee; ii. A brief statement of the owner’s issues on appeal, noting owner’s specific exceptions and objections to the declaration; iii. The relief requested, such as reversal of the declaration; iv. Signature, address, and phone number of the owner, and name and address of owner’s designated representative, if any. b. Except as provided in this chapter, the appeal shall proceed in accordance with the provisions established by the City of Lacey hearings examiner for appeals. c. Notice of the appeal hearing shall be mailed to the appellants’ address as listed on the written appeal, with a copy to the owner or keeper if the appeal is filed by another complaining citizen. d. At the hearing, the scope of evidence and the scope of review shall be de novo. e. The burden shall be on the animal control authority to prove, by a preponderance of the evidence, that the animal is a dangerous animal or potentially dangerous animal as defined in this chapter. f. The City of Lacey hearings examiner shall render a decision on the appeal within 30 calendar days following the conclusion of all testimony and hearings and closing of the record unless a longer period of time is agreed to by the parties. The City of Lacey hearings examiner may affirm, reverse or modify the decision of the board or its designee. g. The decision of the City of Lacey hearings examiner shall be considered final. Decisions of the city of Lacey hearings examiner shall be appealable to Thurston County Superior Court. Section 3. Severability. If any section, clause or provision of this ordinance is declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 4. Effectiveness. This ordinance shall take effect immediately upon adoption and shall remain in effect indefinitely. ADOPTED: ______________. ATTEST: BOARD OF COUNTY COMMISSIONERS Thurston County, Washington ____________________________ Clerk of the Board _______________________________ CHAIR APPROVED AS TO FORM: _______________________________ VICE-CHAIR JON TUNHEIM PROSECUTING ATTORNEY _______________________________ COMMISSIONER By: ___________________________ Scott Cushing Deputy Prosecuting Attorney [CODIFY] ATTACHMENT A Interlocal… Board of County Commissioners AGENDA ITEM SUMMARY Agenda Date: 12/16/2014 Created by: Presenter: Date Created: 12/8/2014 Agenda Item #: 7b Becca Pilcher, Commissioner's Assistant - Commissioners - 786-5747 Scott Cushing, Deputy Prosecuting Attorney II - Prosecuting Attorney - 7865574, x 7862 Item Title: Inter-local Agreement for Joint Animal Services Operations Action Needed: Execute Contract Class of Item: Commissioners and Manager's Items List of Exhibits Interlocal Agreement.pdf Adobe Acrobat Document 466 KB Recommended Action: Move to approve an inter-local agreement between the City of Olympia, the City of Lacey, the City of Tumwater, and Thurston County enabling the continued joint operation of an animal shelter and the conduct of animal protection and control activities. Item Description: The existing 2003 ordinance is not clear about app eal process, and the revision offers definition as well as making the process consistent across all four jurisdictions participating in the Joint Animal Services agreement. Date Submitted: 12/8/2014
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