AGENDA BOARD of CLALLAM COUNTY COMMISSIONERS 223 East Ch Street, Room 16O PoË Angeles, Washington December 3f-,2019 - 10 a.m. CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL REQUEST FOR MODIFTCATTONS/APPROVAL OF AGENDA PUBLIC COMMENT FOR AGENDA ITEMS - Ptease limit comments to three minutes CONSENT AGENDA - Any Commissioner may remove items for discussion la Approval ofvouchers for the weeks of December 16 and 23 1b Approval of payroll for the period ending December 15 lc Approval of minutes for the week of December 16 REPORTS AND PRESEilTATIONS CONTRACTS AND AGREEMENTS 2a Agreement with the State of Washington Office of the Secretary of State for arrangement regarding the collection and distribution of electronic filing fee payments submitted with online Declaration of Candidacy filings 2b Agreement with the State of Washington Offíce of the Secretary of State to identify obligations and duties for the annual vendor maintenance and support costs of the VoteWA system 2c Agreement to Sebris Busto James for legal counsel and representation 2d Agreement amendment A with Friendship Diversion Services for the purpose of providing a superuised alternative to jail for offenders 2e Agreement State of Washington Department of Ecology for the Solid Waste Management Waste Reduction and Recycling Education Program 2f Agreement amendment C with Friendship Diversion Seruices to continue to provide a community service work program and electronic monitoring program 29 Agreement with Olympic Peninsula Humane Society for shelter facilities and animal licensing seruices 2h Agreement sublease with City of Port Angeles for use of a shared storage facility BIDS AND AWARDS 3a Requests for proposals/qualifications to be received no later than 3 p.m., Friday, January 31, 2020 for Health and Human Seryices - Developmental Disabilities Programs (HHS/DD Millage Funds) ADMINTSTRATION 4a Resolution certifying County capitalized asset inventory as of December 31, 2018 4b Application for general permit with State of Washington Department of Transportation for sign install at Midway Metals to enforce the illegal dumping 4c Verbal approval of 2020 Behavioral Health request for proposals summaries and recommendations 4d Resolution appoínting Christina Miko to the Behavioral Health Program Fund Advisory Board 4e Resolution appointing and reappointing Jennifer Oppelt, Christina Smith, CheriTinker, Mary Hogan and Thomas Steffen to the Homelessness Task Force
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AGENDABOARD of CLALLAM COUNTY COMMISSIONERS
223 East Ch Street, Room 16OPoË Angeles, Washington
December 3f-,2019 - 10 a.m.
CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL
REQUEST FOR MODIFTCATTONS/APPROVAL OF AGENDA
PUBLIC COMMENT FOR AGENDA ITEMS - Ptease limit comments to three minutes
CONSENT AGENDA - Any Commissioner may remove items for discussionla Approval ofvouchers for the weeks of December 16 and 231b Approval of payroll for the period ending December 15lc Approval of minutes for the week of December 16
REPORTS AND PRESEilTATIONS
CONTRACTS AND AGREEMENTS2a Agreement with the State of Washington Office of the Secretary of State for arrangement
regarding the collection and distribution of electronic filing fee payments submitted with onlineDeclaration of Candidacy filings
2b Agreement with the State of Washington Offíce of the Secretary of State to identify obligationsand duties for the annual vendor maintenance and support costs of the VoteWA system
2c Agreement to Sebris Busto James for legal counsel and representation2d Agreement amendment A with Friendship Diversion Services for the purpose of providing a
superuised alternative to jail for offenders2e Agreement State of Washington Department of Ecology for the Solid Waste Management Waste
Reduction and Recycling Education Program2f Agreement amendment C with Friendship Diversion Seruices to continue to provide a
community service work program and electronic monitoring program29 Agreement with Olympic Peninsula Humane Society for shelter facilities and animal licensing
seruices2h Agreement sublease with City of Port Angeles for use of a shared storage facility
BIDS AND AWARDS3a Requests for proposals/qualifications to be received no later than 3 p.m., Friday, January 31,
2020 for Health and Human Seryices - Developmental Disabilities Programs (HHS/DD MillageFunds)
ADMINTSTRATION4a Resolution certifying County capitalized asset inventory as of December 31, 20184b Application for general permit with State of Washington Department of Transportation for sign
install at Midway Metals to enforce the illegal dumping4c Verbal approval of 2020 Behavioral Health request for proposals summaries and
recommendations4d Resolution appoínting Christina Miko to the Behavioral Health Program Fund Advisory Board4e Resolution appointing and reappointing Jennifer Oppelt, Christina Smith, CheriTinker, Mary
Hogan and Thomas Steffen to the Homelessness Task Force
AGENDA for the Meeting of December 31, 2019CIALIAM COUNTY BOARD OF COMMISSIONERSPage 2
4f Resolution reappointing Skye Eastman to the Developmental Disabilities Advisory Committee49 Resolution reappointing Alice Ryan and Katherine Krueger to the North Pacific Coast Marine
Resources Committee for Western Clallam and Jefferson Counties4h Resolution reappointíng Scott Clausen to the Planning Commission4i Resolution reappointing Carolyn Lindley and Joseph R. Sharkey to the Olympíc Area Agency
on Aging4j Resolution reappointing Nathan Tyler, Brooke Nelson and Liz Mueller to the Sheriff's Citizens
Advisory Committee4k Resolution reappointing Margaret Owens to the Heritage Advisory Board4l Resolution reappointing Vanessa Fuller to the Lodging Tax Advisory Committee
PUBLTC WORKS5a Notice of hearing to be held Tuesday, January 28,2020 at 10:30 a.m. on the proposed vacation
of a county right of way near the Dungeness River Center
BUDGET - No items
COMMUNITY DEVELOPMENT - No items
HEARING(S) - Beginning at 10:30 a.m.Hl Ordinance amending Clallam County Code, Adding Chapter 5,60 entitled "Redirection of Existing
Sales and Use Tax Revenues for Affordable Housing"
PUBLIC COMMENT - Please limit comments to three minutes
EXECUTIVE SESSIONThe Board may recess into Executive Session to consider employment or dismissal of personnel, to reviewthe performance of a public employee, to consult with legal counsel, to consider the position to be takenin collective bargaining, to consider acquÍsition or sale of real estate, or other matters per RCW 42.3O.LLO
The following meetings are scheduled for the Board of CommissionersDecember 30 - January 3
Monday, December 30:9:00 a.m. Work Session
Tuesdav, December 31:7:30 a.m. Port Angeles Business Association
10:00 a.m. Board Meeting10:30 a.m. Hearing(s) - See AgendaWednesday, January 1:Courthouse Closed - New Year's Day
J :\public\Agenda\2019\12-3 1.docx
AGENDA for the Meeting of December 31, 20lr9CLALLAM COUNTY BOARD OF COMMISSIONERSPage 3
INSTRUCTIONS FOR SPEAKING AT A COMMISSIONERS' MEETING:
. Members of the public wishing to address the Board on general items may do so during thedesignated times on the agenda.
. Members of the public wishing to comment at the public hearing are asked to sign in on the sheetprovided giving their name and address.
. The Chair may limit the comment period to 3 minutes for each speaker subject to Board concurrence.. Speakers, generally, will be heard in the order they signed up. All comments must be made from thespeaker's rostrum and any individual making comments shall first state their name and address forthe official record.
. General comments, applause, booing from members of the audience are inappropriate and mayresult in removal.
These guidelines are intended to promote an orderly system for conducting a public hearing so that eachperson has an opportunity to be heard and to ensure that exercising their right of free speechembarrasses no one.
Note: Written testimony presented by members of the public during the Board meeting isconsidered a public document and must be submitted to the Clerk of the Board.Copies of public documents from Board meetings are available by contacting thePublic Records ftment.
TO: Board of Commissioners, Administrator Sill RE: Agenda Modification(s)
FILE: A14.09.18
The following item is removed from the December 31 agenda: PUBLIC WORKS 5a Notice of hearing to be held Tuesday, January 28, 2020 at 10:30 a.m. on the
proposed vacation of a county right of way near the Dungeness River Center
laø{st
Date of report: December L7,20t9
STATE OF WASHINGTON ))
County of Clallam )
This is to certify that the foregoing Final Check Lists a.k.a., Register of Warrants for the periodherein indicated, is a full, true, and correct representation of the corresponding payments forseruices rendered to and supplies and equipment received by all Clallam County governmentoperations as recorded in the books or original entry maintained by this office.
WITNESS MY HAND AND OFFICIAL SEAL THIS OF 20L9
COUNTY AUDITORSHOONA RIGGS
CLALLAM COUNTY BOARD OF COMMISSIONERS does hereby ceftify that the seruices andmerchandise herein specified have been received and that the claims listed and numberedabove are hereby approved for payment:
BOARD OF COMMISSIONERSCI.ALI.AM COUNry, WASHINGTON
MARK OZIAS, Chair
BILL PEACH
RANDY JOHNSON \I -
General $275,152.30Other 9724,662.13Total $999,814.43
CLALLAM BAY - SEKIU, CHAMICB/S 2O2OCLALLAM COU NTY COMMtSSl2Ol 9 I ndirectsCODE PUBLISHI NG COMPAN\65386NATIONAL ASSOC OF COUNT258830PACIFIC OFFICE EQUIPMENT 1049886PENINSULA DAILY NËWS PDN 1211112019PORTANGELES, CITY OF E911 Tax Nov 2CPORT OF PORTANGELES 160158sYsco FooD SERV|CES OF f255874751U S POSTMASTER Jurv 12t11t2019oENTURYLTNK 360-452-3107 12PEACH, WILLIAM CBP 1111812019
cBP 12t02t2019SOUND PUBLISHING INC 7956621JOHNSON, RANDALL CRJ 12105/2019oztAs, MARK cMo 11i18/2019SOUND LAWCENTER 2346LANE, MARK ML11I24I2O1}
ML12t08t2019
Description
2O2O ANNUAL MEMBERSHIP201 9 NEW COST ALLOCATIOICULULATIVE PRI NT SUPPLEI\2O2O MEMBERSHIPMAINTENANCE&USAGE-91YËARLY SUBSCRIPTIONEMERGENCY COMMU NICATIICLALLAM CO RURAL BROADIHOLIDAY BREAKFAST885 SUMMONS @.¿SeATM MACHINECBP - WSAC CONFCBP = BD OF NATURAL RESCCONSERVATION FUTURES, LCRJ - OLYMPIA AREAAGENC'CMO. WSAC CONFsHR201 7-00011, CODE COMFML - CPA RENEWALML - CONTINUING ED
1 049931RADTO PAC|F|C, tNC 10740-6u s BANK 492812-6-19MYGIND, I<ARENANN KM BT 12.11-19PACIFIC OFFICE EQUIPMENT 1049895STER|CYCLE, tNC 3004905992u s BANK 431812t6t19CLALLAM COUNTY DÊPT OF, 1HTFADMO72O1
2HTFADMO72O1CLALLAM COUNTY DEPT OF, lCDMHADMOT2
2CDMHADMOT2FI RST STEP FAMILY SUPPOR'FSCDC.1 1 201 9
lnv Date Desc ription
121312019 FOOD - MONTHLYVEHICLE F
121512019 WATER QUALITY - CONTRAC11130t2019 FOOD - COpy MACHTNE #10211t30t2019 oNS|TE - COpy MACHTNE #7,1112912019 ONSITE. KONP RADIO SPOT12t6t2019 WSDOT GOOD TO cO - ONSI121 11 I2OI9 BUSINESS MILEAGE 12I3I1g11t30t2019 COPY MACHTNE - PH11 12512019 SYRINGE DISPOSAL121612019 LA QUINTA INNS - INTERACTI121612019 HTF-LABOR COSTS JULY-NO121612019 HTF. LABOR COSTS JULY-NCQIAI2O19 CDMH-LABOR COSTS JULY-N121612019 CDMH-LABOR COSTS JULY-h121612019 DDD - MILLAGE CONTRACT -
u s BANK 113764796235611 09421 5961 089607501 1 38840433675,1 1 35861 092341 ix6451881132729685468f1130611333079€113027439332111139216014582t113212331132421 1 39950292523t1136018055293Í11302743933211
CENTURYLINK BUSINESS SE1481678631KONICA MINOLTA BUSINESS, 39420075AT&T 0306024016001tRIGGAN, MIKE 110419-MR
912612019 CASA TRNG-SAFEWAY8t17 t2019 CASATRNG-COSTCO812312019 CASA TRNG-SAFEWAY812112019 POSTAGE-USPS811812019 CASA TRNG-SAFEWAY1OI8I2O19 POSTAGE-USPS812412019 CASATRNG-WALMART11 I 1912019 OFFICE SU PPLI ES-OLYMPIC,91512019 MEDICALSUPPLIES-RITEAID911712019 OFFICE SUPPLIES-WALMARI91 17 12019 OFFICE SUPPLIES-WALMAR]10t24t2019 DET FOOD912612019 CASATRNG-SUPER SAVER F
CLALLAM COUNTY ER&R 2019.3238.LANGUAGE LINE SERVICES, I4701158PENINSULA DISPUTE RESOLTJFS#125C2PITNEY BOWES . RESERVE A331 0118797PORTANGELES, CITY OF 11291gPAWSDOTMASTFERRIES -RK338411
THOMAS SHERRY, M.S, 39063907
SOUND PUBLISHING INC PDN881292MARCOUX, BETTY 1129198MOLYMPIC PARTY & CUSTODIA7gg3MULLINS, ISAAC 120319IM
1211212019 LUMBER CDJ1211212019 PAINT SUPP JV12t12t2019 BLD SUP CH12112t2019 SM TOOL CH1211212019 HAND TOOLS SMPK1211212019 SCREW NUT WASHER JAIL S1211212019 LUMBER CREDIT CDJ1211212019 SEWAGE REMOVAL X 91211212019 SANIKAN SERV RH1211212019 PLUMBING SERV DRA1211212019 NOV SEWER CB12t12t2019 SM TOOL CH1211212019 CABLE DRUMPADAPT CH1211212019 DOOR BARRruOLT DET SMPI1211212019 12 VOLT BATT FLOOR MACH12t12t2019 SM TOOL KtT CH12t12t2019 HAND TOOL CH1211212019 MAIL JUV SEC CAM1211212019 NOV GARBAGE SC1211212019 NOV DSL DRA12t12t2019 NOV UT|L CH12t12t2019 NOV UTtL CH1211212019 NOV UTIL 3RD ST1211212019 DUMP FEE CH1211212019 DUMP FEE CH121 1212019 HARNESS SMPK12t12t2019 NOV ELECT CDJ1211212019 NOV ELECT DRA1211212019 NOV ELECT DRA1211212019 NOV ELECT DRA1211212019 NOV ELECT DRA1211212019 NOV ELECT FWB
THURMAN SUPPLY 677309WA ST DEPT OF LICENSING DOL 12119HI-TECH SECURITY, INC. 58968URS ELECTRONICS INC 773330DM DISPOSAL INC, AWASTE 15908126
5908362590816759081 51
U S BANK webstaurant 464Viasat 11/19Amazon 228022'amazon 530024,
IOFFRIDA, SHARI 12.12019LEITZ FARMS INC 279982WASHINGTON TRACTOR INC 06725822SOUND PUBLISHING INC 7956578TRAILER BOSS TrailerBoss 1211'PORT ANGELES LOCKWORKÍ 1 626BUCK'S NORTHWEST LANDS(2345COASTALFARM & RANCH 1022AMERIGAS PROPANE LP 3099486825THE HOME DEPOT PRO 526043203
525580726525154738
lnv Date Description
1211212019 POLE SQUEEGEE JV1211212019 HEATGUN CH12t12t2019 FAN CH1211212019 TIEDOWN RATCHET CH1211212019 PLUMB SUP JV1211212019 AFFIDAVIT IN LIEU OF TITLE .
1211212019 6OW MIXER/AMP JAIL1211212019 DOME CAMERA CH12t12t2019 NOV RECYC CH12t12t2019 NOV RECYC SC12112t2019 NOV RECYC CH1211212019 NOV RECYC VET CNTR12t12t2019 DTSHES CDJ1211212019 NOV INTERNET SC121 1212019 OFFICE SUPP ADM121 1212019 CALENDAR ADM1211212019 2019 FG PETTY CASH RECOI1211212019 LAWN SUPPLY CH1211212019 JOHN DEERE TRACTOR MOV1211212019 PDN VET DAYAD SC/DRA121 1212019 TRAI LER 5M3BE1 21 3J I 08235r1211212019 KEY DUP JV1211212019 CH LANDSCAPE MAINT1211212019 SM TOOLS CH1211212019 PROPANE TANK RENTAL FG1211212019 CLEAN SUP CH1211212019 CLEAN SUP CH1211212019 CLEAN SUP JV
OLYMPIC PROCESS SERVICE3966ODYSSEY MANAGEMENT SEF 1 9OO3MURPHY, PATRICK 9088819
lnv Date Description
12t12t2019 COUNTY ER&R121 1212019 LANGUAGE LINE121 1212019 OFFICE SUPPLI ES121 1212019 OFFICE SUPPLIES1211212019 OLYMPIC PRINTERS12t12t2019 POE12t12t2019 POE12t12t2019 POE12t12t2019 POE12t12t2019 POE1211212019 WESTLAW12t 12t2019 TRANSCRT B I NG121 1212019 MI LEAGE REI MBURSEMENT1211212019 HOTEL STAY FOR TRAINING121 1212019 OFFICE SU PPLI ES121 121201 9 CIVI L DEPARTM ENT121 1212019 OFFICE SU PPLI ES121 1212019 OFFICE SUPPLI ES12t12t2019 CtVtL12t12t2019 CtVtL12t12t2019 GOOD TO GO121 1212019 LEMAY SHREDDI NG121 1212019 LEMAY SH REDDI NG12t12t2019 GOOD TO GO121 1212019 PROCESS SERVER121 1212019 PROFESSIONAL S ERVICES1211212019 COUNTY VEHICLE FUEL
CASCADE SOFTWARE SYSTEINV-OOO433-CSSCLALLAM COUNTY DEPT OF, 583CLALLAM COUNTY ER&R 2019.3288
2019.336E2019.335E2019.334E2019.3328
GOVCONNECTTON, tNC. 57349222LAKESIDE INDUSTRIES, INC 109287LINCOLN INDUSTRIAL CORP I0155194oLYPEN tNC 191211-0015PORT ANGELES SOLI D WAST65936PORT ANGELES POWER EQU5114305PUBLICUTILITYDISTRICT 30702-120519SWAIN'S GENERAL STORE IN267362TACOMA SCREW PRODUCTS 1 4351 499-1 O1 O1
THOMAS BUILDING CENTER 13077253930772537
TRAFFIC SAFETY SUPPLY COINVO21563zEE SERVICE CO 68390991
68396472ARAMARK UNIFORM SVCS IN 1991530896
1 991 53661 91 991 530869
CONSTRUCTION PARTS 2675126744
u s BANK 7330-1298660STAPLESADVANTAGE 3492566927EN POINTE TECHNOLOGIES {10027678
All wire galv. 2 metal H - PA20-Hub bearing unitsOil, air filters - PA StoresGlow plug relay, water pump-PlEmer Service Rotors - PA S331Disc brake pad - PA StoresMud flaps - PA 107Air, oil filters - PA2O-Bill SheriffSealant - PACool/fil - PA StoresOil filters - PA StoresAir filter - PA 111
Thermostat, std, OE temp - PANut-Lug 33mm -PA202Mat kit, floor, front - PA 107Lamp, Center high MO - PA 10?Husky shelving unit Wwire deckPropane - SQPropane - LC
BEERS, RICHARD B Jan2020WAVE BUSINESS 1032293-02-DecCHARM.TEX 0205784-INCLALLAM COUNTY COMMISSIl 21219CLALLAM COUNTY SEWER D|1481-Dec19CLALLAM COUNTY ER&R 2019.333ECLALLAM COUNTY SHERIFF 121219GALLS LLC 014326649GOVCONNECTTON, tNC. 57330583HARTNAGEL BLDG SUPPLY INK89978JIFFY CLEANERS 120619LINCOLN STREET STATION AccounÍ-Dec19OLYMPIC SPRINGS INC 325023
324669325262
PETERSON FRUIT CO. INC. 399383398664399146
PORTANGELES, CITY OF 12121982495-1 51 160-D
PUBLIC UTILITY DISTRICT NO14741000-Dec1(PUBLIC UTILITY DISTRICT 22794-Dec19
96237-Dec1 965837-Dec1 9
LES SCHWAB TIRE SERVICE 38000546867SEQUIM, CITY OF Jan2020VIKING SEW & VAC 340869WA ST CRIMINAL JUSTICE 201133590
201133646NIKOLA ENGINEERING INC 48243LEMAY MOBILE SHREDDING 4638268
4638262CENTURYLINK 360417-5383-DrKING, BRIAN 120119
lnv Date Description
121 121201 9 RENTAL AGREEM ENT11t30t2019 CABLE11 I 1912019 I NMATE CLOTHI NG121 1212019 INDIRECT PAYMENT FOR E-91211112019 SEWER BILL - CLALLAM BAY1211012019 LABOR ON OPNET VEHICLE1211212019 RADIO TECHNICIANS TIME SI1112212019 DUTY GEAR121312019 DOCUMENT SCANNER & LAB1ot6t2o19 PATNT121612019 UNIFORM CLEANING121212019 SHIPPING CHARGES11t25t2019 WATER11t8t2019 WATER1113012019 WATER COOLER RENT11t26t2019 FOOD11t5t2019 FOOD11119t2019 FOOD121 121201 9 TAX DI STRI BUTION PAYMEN]121612019 UTILITIES - FRONT ST121412019 UTILITIES - OPSCAN TOWER1214t2019 FRONTTER ST #11214t2019 FRONTTER ST #2121312019 HOOK UP MORSE CREEK1112212019 CHAIN GANG TRAILER REPAI121 1212019 LEASE AGREEMENT121412019 PATCHES ON SHIRTS121512019 BASIC ACADEMY REGISTRAT121512019 BASIC ACADEMY REGISTRAT12t1t2019 END POTNTS121112019 SHREDDING121112019 SHREDDING121212019 INTERNET SERVICE1211212019 CRIME SCENE SUPPLIES
PORT ANGELES FI RE DEPAR] 1 5-2019-000477,STER|CYCLE, tNC 3004916093OLYM PIC M EDICAL PHYSICIAIT 1223525980UL|NE 114818628CORRECTI ONAL H EALTHCAR CCS-58902RADIA INC PS Z63FWBSALBERTSONS LLC 1911CCJMPO1OMCKESSON MEDICAL-SURGI(70259027
7001s713 154.74
Sub totalfor U S BANK: 26,072.89
Page: 1
apChklst1211712019 2:13:10PM
FinalCheck ListCLALLAM COUNTY
lnvoice lnv Date DescriptionLEMAY MOBILE SHREDDING 4638267 1211112019 CLERK'S OFFICE SHREDGALE, LISA JUWRAVALISA 12111/2019 LISAJU\ATTRAVELTEEL, ASHLEY ATEELJTRAV 1211112019 ASHLEY JUVY TRAVEL
FREEDMAN, LAWRENCE LF 12.19HAYDEN, JOHN F JH 12-19JOHN D BLACK, PLLC JB 12.19KAREN L UNGER, P.S. KU 12.19STANLEY B MYERS, JR, ATTOSM 12.19WOLFLEY LAW OFFICE P.S. JW 12.197
JW 12-19CLALLAM-JEFFERSON COUN' 1 1 -1 9 CFPENINSULA DISPUTE RESOLI11.19 PDRCU S BANK OOOOOS
U S BANK SAF16O7OO8swA1607006
lnv Date Descriotion
1211212019 DECEMBER 2019. ADULT CR1211212019 DECEMBER 2019 - CHINS¡/AI1211212019 DECEMBER 2O1g -JUVENILE1211212019 DECEMBER 2019. ADULT CR1211212019 DECEMBER 2O19.ADULT CR1211212019 DECEMBER 2019 - TRUANCY1211212019 DECEMBER 2019 - CONTEMP1211312019 NOVEMBER 2019, COURT FAr1211312019 NOVEMBER 2019, PDRC SUR12t 11 t2019 1 1 /1 9/1 g-OLyMptC STATTON Et121 11 t2019 1 1/07/1 9-SAFEWAY, DRUG CC12t11 t2019 1 1/14l1 9-SWA|NS GENERAL S
PACIFIC OFFICE EQUIPMËNT 1049944WASTATE UNIVERSITY 5085305WASTATE UNIVERSITY 121219
12122019NOXIOUS WEED BOARD 112719U S BANK 121019RAYMOND, RHONDA 1212
lnv Date Description
1211012019 NOVEMBER 2019 RENTAL OF1211012019 NOVEMBER RENTAL OF ER 812t10t2019 pOE NOVEMBER 2019 CONTT1211012019 CLALLAM COUNTY MOA NOV1211212019 AMY MCINTYRE COMMUNICI1211212019 SHARAH TRUETT WSU CLAL1211012019 INTEGRATED ROADSIDE WE12t10t2019 US BANK1211212019 PETTY CASH
FinalCheck ListCLALLAM COUNTY Wb(,) EW
Amount Paid
405.00242.58188.39
8,016.408,014.394,266.59
47,395.00429.5361.44
Page: I
Gheck Total
647.58188.39
8,016.40
12,290.9947,395.00
429.5361.44
Sub totalfor U S BANK: 69,019.32
Page: 1
/q
Date of repoft: December 23,20L9
STATE OF WASHINGTON ))
County of Clallam )
This is to ceftify that the foregoing Final Check Lists a.k.a., Register of Warrants for the periodherein indicated, is a full, true, and correct representation of the corresponding payments forseruices rendered to and supplies and equipment received by all Clallam County governmentoperations as recorded in the books or original entry maintained by this office.
WITNESS MY HAND AND OFFICIAL SEAL THIS OF 20L9.
COUNry AUDITORSHOONA RIGGS
CI-ALLAM COUNry BOARD OF COMMISSIONERS does hereby certif,¡ that the services andmerchandise herein specified have been received and that the claims listed and numberedabove are hereby approved for payment:
BOARD OF COMMISSIONERSCLALI-AM COUNTY, WASHINGTON
MARK OZIAS, Chair
,ABILL PEACH
RANDY JOH
General $231,464.00Other $641,921.50Total $873,385.50
lnvoice lnv Date DescriptionLANGWORTHY, GENEVA 16528 LANGWC 1211712019 REFUND FOR FORESTLAND,GREEN SPRINGS ASPEN LLC 85384 GREEN S 1211712019 REFUND FOR OS RECLASS P
apChklst1212012019 12:57:13PM
Amount Paid
300.00150.00
SubtotalforUSBANK:
Bank: apbankUSBANK
Check # Date Vendor
12t27t2019 004159012t27t20',t9 0042880
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t" {)'\ \tt \O Õ \O \() (x) \j * -.J Cf O \r.,t 0\ { C0 U,¡ {$ \Ô O * O\Õ Þ\ c! co (3 \x .[* (3 cr m C) \r \n (À \Ê Ët cf \11 Õ uì \tl ô\ CÞ
FinalCheck ListGLALLAM COUNTY Dist'x-&u,/tT Page:1
Check Total
195.20
195.20
lnvoice Inv Date Description Amount Paid1212712019 0001509 OORDANT HEALTH SoLUTloÌ\Tc-16310113011 11taot2o19 NoVEMBER pRoBATtoN UAt 1e5.20
SubtotalforUSBANK:
Page: 1
apGhkLst1212012019 1:36:39PM
Final Gheck ListCLALLAM COUNTY Dr stvr"tr Cô LLILI Page: 1
Amount Paid Check Total
106.35585.00
SubtotalforUSBANK:
Bank
Check #
apbank U S BANK
Date Vendor
12t27t2019 000029612127t2019 0026193
lnvoice lnv Date Description
CENTURYLINK DEc2OlgOenitLin 1211612019 DECEMBER PHONE BILLMARTIN-MENDOZA,BERTILDIOOlO-2019 1211612019OCTOBERM'AMINTERPRETI
106.35585.00
691.35
Page: 1
apChkLst1212012019 1:57:A'IPM
FinalCheck ListCLALLAM COUNTY
lnvoice lnv Date Descriotion
AT&T MOB|L|TY 996478572X1121 11t22t2019 oNSrrE - JANTNE CELLFLAGG, DENNIS & JANIS LMP IMP D&JF , 121512019 ONSITE - HOMEOWNER SEP'HART, LARRY OSS NTA LGH 1 1011612019 ONSITE - HOMEOWNER SEP'IDEXX DISTRIBUTION, INC 3056876873 121212019 WATER LAB - ENTEROLERT
'LINCOLN STREET STATION LSSSC 12-2.19 121212019 VI/ATER QUALITY - FEDEX OVWA STATE DEPT OF LICENSIÌ\5200331 AP 202 1211712019 ONSITE - WASTEWATER TREWINTHROP, JUDITH OSS NTAJW 12 1211012019 ONSITE - HOMEOWNER SEP'oFFlcE DEPOT 414682002001 1211012019 COPY PAPER - HHS ADMINCENTURYLINK CL 12-6.19 121612019 FORKS OFFICE TELEPHONEGLAXOSMITHKLINEPHARMA(8253053142 121512019 VACCINEKITSAP COUNTY HEALTH DIS'KPHD 12-5.19 121512019 EPIDEMIOLOGY SERVICES -MCKESSON MEDICAL.SURGI(70849014 121512019 CLINIC SUPPLIESoFFtcE DEPOT 414289571001 12t1112019 oFFICE SUPPLIES - PHSTERICYCLE, INC 3004929144 121912019 SYRINGE DISPOSALVERIZON WIRELESS 9843146060 1112812019 CELL PHONES
9843146061 1112812019 CELL PHONEAND USB HOTSCONCERNED CITIZENS, FOR 11322-19.CC-11 1113012019 HTF-4 WALLS FOR ALL NOV 2
HEALTHY FAMILIES OF CLALL11322-19.HF-11 1113012019 HTF-SAFELY HOME FIRST NC
NORTH OLYMPIC REGIONAL, 11322-1g-NORV 1O/31/2019 HTF-SARGE'S PLACE OCT 2011322-1g.NORV 11/30/2019 HTF-SARGE'S PLACE NOV 20
11322-1g-NORV 11/30/2019 HTF-SARGE'S PLACE NOV 2011322.1g.NORV 9/30/2019 HTF.SARGE'S PLACE SEPT 211322-1g-NORV 1o/3'1/2019 HTF-SARGE'S PLACE OCT 201I322-1g-NORV 8/31/2019 HTF-SARGE'S PLACEAUG 20
SERENITY HOUSE OF CLALLI11322-19-SH4-1. 1113012019 HTF-NIGHT BY NIGHT SHELT11322-19-SH1-1' 1113012019 HTF-COORD ENTRY NOV 201
1322-1g-SH5-11 1113012019 HTF-FAMILY SHELTER NOV 2'
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CORDANT HEALTH SOLUTIOÎ,TC-99012111301 1113012019 CDMH-UA LAB COSTS NOV 2t
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LEOFF DEC 19 t 12h8t201sLEOFF DEC 19 I 12t18t2019LEOFF DEC 19 I 12t18t2019LEOFF DEC 19 t 12t18t2o1gLEOFF DEC 19 I 12t18t2019LEOFF DEC 19 I 12t18t2019LEOFF DEC 19 t 12t18t2019LEOFF DEC 19 t 12t18t2019
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Descriotion
LEOFF DEC 19 DELEOFF DEC 19 DLLEOFF DEC 19 DGLEOFF DEC 19 DRLEOFF DEC 19 DSLEOFF DEC I9 RCLEOFF DEC 19 RSLEOFF DEC 19 FD
1211312019 LUMBER CDJ1211312019 FLASHING TAPE CDJ1211712019 DECK SCREW BIT SET SC1211712019 BRASS SCREWS SMPK1211712019 LEAK REPAIR SC RESIDENCE1211312019 SANIKAN SERV RDG1211312019 WTR HTR REPLC CDJ1211312019 SM TOOL/BLDG SUP SC/CH/J1211712019 HAND TOOL, SAFETY EQUIP,1211312019 BLDG SUPP CH1211812019 ROLLER CHAIN FOR HCH CLr1211712019 CLAMP ROLLER CHAIN CH1211312019 NOV GARBAGE DRA1211712019 INCLUDE PK BROCHURE IN 1
1211312019 VALVASSBLY DRYER MOTOF1211712019 NOV UTIL VET CNTR12t13t2019 MIX OtL SM PK1211712019 NOV ELECT RHF1211312019 CLINE SPIT LITE1211812019 MISC BUILD MATERIALS CH1211712019 BLDG SUP SC12t18t2019 SM TOOLS CH1211712019 BLDG SUP VET CNTR1211312019 BRAKLEEN DRY LUB JAIL121171201'9 DEC PHONES DRA1211712019 DEC PHONES CDJ12t17t2019 DEC PHONES SC1211312019 GEOLOGIC SERV SC BLUFF I
1211312019 NOV RECYCLE DRA1211812019 POSTAGE REIMB WFSA PRE121 1312019 FI ELD SPRAYER1211312019 INSTALL CH FIRE ALARM PAN1211312019 INSTALL CH FIREALARM PAI\1211812019 SMALL TOOLS CH
ANGELES PLUMBING INC 27734BILLS PLUMBING & SANTKAN ts34S23T2FERGUSON ENTERPRISES I N7796577GRATNGER tNC 9375470011
9385856936938305165493880764419385325650
MURREYS OLYMPIC DISPOS¡5g1 5597OLYMPIC PEN VISITOR BURE,7862PART WORKS lNC, THE inv50524PORTANGELES,CITYOF 48731-1013841'PORT ANGELES POWER EQU97926543PUBLICUTILITYDISTRICT 4312011119PUBLIC UTILITY DISTRICT 67069 11l19SWAIN'S GENERAL STORE IN267545
267403267550267507
SWAIN'S GENERAL STORE IN267363CENTURYLTNK 3606835847445toÊNTURYLTNK 36092835408201CENTURYLTNK 36092834415931COASTAL GEOLOGIC SERVIC 19-226DM DISPOSAL INC, AWASTE 15908363IOFFRIDA, SHARI loffrida Ttg0t19LEITZ FARMS INC 280326PERFORMANCE SYSTEMS, IN684298PERFORMANCE SYSTEMS, I N685525PLATT x882625
lnvoiceBOB BARKER CO INC UT1OOO518950WAVE BUSINESS 1039513-01CAPTAIN TS 29665CENTURYLINK 410622965-Dec.CENTURYLINK 406092135-Dec.CENTURYLINK 3004216S4-Dec.CLALLAM COUNTY DEPT OF, 578CLALLAM COUNTY ER&R 2019.338EFRANZ FAMILY BAKERIES 019710232918
19-1-00388-05, ST. V. ELLTS (t1 1/30/1 g-FINANCE CHARGE, \CONTRACT COST RATE 11/2(CONTRACT COST RATE 1Il2(CONTRACT BASE RÑF.,1212CONTRACT BASE RATE 11212CONTRACT BASE RATE, 1212CONTRACT COST RATE 11l2(11 I2Ofi9-DRUG TESTING KITS19-1-00263-05, ST. V. WALKO.19-1-00265-05, ST. V. PR|CE,'19-1-00426-05, ST. V. NTCOLA19-1-00034-05, ST. V. LETELLT18-1-00409-05, ST. V. ZUCCET18-8-00087-05, ST. V. MCCLAT18-8-00078-05, ST. V. STOLLA19-2-00275-05, BRENNETS V. I
1 2/1 6/1 g-VISITI NG JUDGE TR,19-1-00281-05, ST. V. WETHE19-1-00034-05, ST. V. LETELLT19-1-00284-05, ST. V. COUSTN19-4-00257 -05, c UAR D tAN S H I
This is to certifli that the foregoing'Labor Distribution Totals by Fund' Report for theperiod herein indicated is a full, true, and correct representation of the earnings andbenefits paid to all Clallam County employees as recorded in the books of original entrymaintained by this office.
WITNESS MY HAND THIS 20 DAY OF December 20L9
DY CHIEF DEPUTY FORSHOONA RIGGS, CLALLAM COUNTY AUDITOR
CLALI-AM COUNTY BOARD OF COMMISSIONERS does hereby ceftify that the payrollherein specified has been disbursed and that the earnings and benefits listed aboveare approved for payment:
BOARD OF COMMISSIONERSCI.ALLAM COUNTY, WASHINGTON
RANDY JOHNSON
MARK OZIAS
BILL PEACH
(County Administrator)
Payroll and Benefits Paid for semi-monthly payroll: December 1-15,20L9
Fund Name
Fund
NumberGross Earnings
Paid by Fund #
Benefits Paid by
Fund #
Employee
s Paid byFund #
Total
Expenditures
COUNTY (Semi-MonthlyfGeneral Fund 00100 424,124.48 94,2t6.70 1_80 5l_8,341.18
SOCIAL SECURITY401 A DEFERRED COMPENSATIONICMA DEFERRED COMPPSERS RETIREMENTMASSMUTUAL 457WA Paid Family & Medical LeaveL&I- SELF INSUREDDSHS CHILD SUPPORTUNION DUES - 1619 CD CRAMONACOLLEEN EDWARDSUNION DUES - 1619 LCTEAMSTERS INIT FEE oTADJUNION DUES - 1619 S
Totals:
Benefit Code and Description
SOCIAL SECURITYMEDICARE TAXL&I - SELF INSUREDLEOFF 2 RETIREMENTWA Paid Family & Medical LeaveLEOFF RETIREMENT CATCH UP
Earnings Code & Descriptionr REGULARo15s OVERTIME X 1.5 - SHERIFF DEPTdont DONATED TIME USEDadml ADMINISTRATIVE LEAVE PAIDaute AUTO ALLOWANCE ELECTEDcu COMP USEDphsm PHONE STIPEND SMART PHONEflxu FLEX TIME USED (NO RUN BAL)aaas AA/AS EDUCATION INCENTIVEcp COMP TIME PAID - COUNTY
Deduction Code and Description
FEDERAL WITHHOLDING TAXPERS 2 RETIREMENTMEDICARE TAXLEOFF 2 RETIREMENTUNION DUES - TEAMSTERSPERS 3 RETIREMENTNATIONWIDE 457UNION DUES - 1619 DPERS 1 RETIREMENTAUDIT & ADJUSTMENT CO INCUNION DUES. I619 MPLEOFF RETIREMENT CATCH UPGARNISHMENT FEEUNION DUES - 1619 CS
VACATIONOVERTIME X 1.5 - SHERIFF DEPTFLOATING HOLIDAYOVERTIMEXl.5-HOURLYCOMP USEDBS/BA EDUCATION INCENTIVEPHONE STIPEND SMART PHONEFLEX TIME USED (NO RUN BAL)SHERIFF ACTING SUPERVISOR PAYLONGEVITY - 5 YEARS 16191C
Totals
Deduction Code and Description
SOCIAL SECURITY401 A DEFERRED COMPENSATIONICMA DEFERRED COMPPSERS RETIREMENTUNION DUES - TEAMSTERSWA Paid Family & Medical LeaveNATIONWIDE 457DSHS CHILD SUPPORTPERS 1 RETIREMENTAUDIT & ADJUSTMENT CO INCUNION DUES - 1619 LCTEAMSTERS INIT FEE oTADJUNION DUES - 1619 S
Totals
Benefit Code and Description
SOCIAL SECURITYMEDICARE TAXL&I- SELF INSUREDLEOFF 2 RETIREMENTWA Paid Family & Medical LeaveMASSMUTUAL 457
FEDERAL WITHHOLDING TAXSOCIAL SECURITYICMA DEFERRED COMPDSHS CHILD SUPPORTWA Paid Family & Medical LeaveL&I - SELF INSUREDMASSMUTUAL 457PERS RETIREMENT CATCH UP
Benefit Code and Description
PERS 2 RETIREMENTMEDICARE TAX401 A DEFERRED COMPENSATIONUNION DUES - TEAMSTERSUNION DUES - 1619 MPPERS 3 RETIREMENTGARNISHMENT FEE
PERS 2 RETIREMENTL&I- SELF INSUREDMEDICARE TAXWA Paid Family & Medical LeavePERS RETIREMENT CATCH UP
Benefit Gode and Descriptionsocsec401apers3
unemp
SOCIAL SECURITY401 A DEFERRED COMPENSATIONPERS 3 RETIREMENTUNEMPLOYMENT
4,125.41
Amount875.1 8282.33
46.1514.12
3,545.06
14,115.69
4,125.41
9,990.28
Page: 5
pyLDFnd1211912019 9:50:424MCheck Date:1212412019
Fund Worked : - Totals -# Emps : 70
r
cufhc15r
fedtxsocsecmedtx401apers3r&i
dshsadoptperscu
pers2t&i
medtxfmlatxperscu
Amount140,058.70
8,729.541,234.17
218.18-3,588.50
Amount
Amount
18,951 .063,475.262,374.69
240.17-0.08
4,859.25295.7549.50
8.00-92.00
Amount10,310.645,674.86
895.50170.00
163,703,09
Amount
47,957.75
Amount10,153.783,026.761,930.27
'163.61
40,315.52
163,703.09
47,957.75
115,745.34
Page: 6
Hours
331.50142.00
30.25
5,624.25
5,624.25
Labor Distribution Totals By FundCLALLAM COUNTY
1210112019 to 1211512019-2 Cycle s
Earnings Code & Description
REGULARVACATIONCOMP USEDFLOATING HOLIDAYCOMP EARNED X 1.5 ROADS
PERS 2 RETIREMENTL&I- SELF INSUREDMEDICARE TAXWA Paid Family & Medical LeavePERS RETIREMENT CATCH UP
Hours Earnings Code & Description
SICKOVERTIME X 1.5 - ROADS DEPTCOMP TIME PAID . PW ROADSAUTO ALLOWANCE CONTRACTUAL
Totals:
Deduction 6ode and Description
S
o1 5rcprauto
pers2icm457udteamh457fmlatxudmpn457qarnfe
Deduction Code and Description
FEDERAL WITHHOLDING TAXSOCIAL SECURITYMEDICARE TAX401 A DEFERRED COMPENSATIOIPERS 3 RETIREMENTL&I - SELF INSUREDDSHS CHILD SUPPORTADOPTA FAMILYPERS RETIREMENT CATCH UP
Benefit Code and Description
13,512.7710,153.782,374.691,760.98
750.50260.98236.00
10.00-1.29
11,641.853,907.941,785.50
794.31414.72254.52100.00
0.50
PERS 2 RETIREMENTICMA DEFERRED COMPUNION DUES - TEAMSTERSMASSMUTUAL4sTWA Paid Family & Medical LeaveUNION DUES - 1619 MPNATIONWIDE 457GARNISHMENT FEE
Benefit Code and Description
socsec401apers3
unemp
SOCIAL SECURITY401 A DEFERRED COMPENSATIONPERS 3 RETIREMENTUNEMPLOYMENT
Totals:
Iotals:
Grand Total Gross Earnings:
Grand Total Deductions:
Grand Total Net:
Page 6
Icê.Bl
BOARD of CLALLAM COUNTY COMMISSIONERSMINUTES for the week of December 16 - 2O,zOLg
WORKSESSION-9a.m.The work session convened at 9 a.m., Monday, December L6,2019. Present were CommissionersOzias, Johnson, and Peach, and Interim Administrator Sill.
Items of discussion per the agenda published December 12 were:. Calendar/Correspondence. Agreement amendment A with Friendship Diversion Seruices for the purpose of providing a
supervised alternative to jail for offendersAgreement to Sebris Busto James for legal counsel and represeResolution certifying County capitalized asset inventory as of 3L, 1B
Agreement with the State of Washington Office of the Secretary for arrangement regarding
a
a
a
a
the collection and distribution of electronic filing feeCandidacy filingsAgreement with the State of Washington Office of theduties for the annual vendor maintenance and supRequest for proposals for Health and HumanApplication for general permit with State ofinstall at Midway Metals to enforce the illegal dumpi2020 Behavioral Health request for proposals sumAg reement amendment C with Friendsh ip Diversion
of sign
NS
nue to provide a community
animal licensing
online Declaration of
obligations andStateVoteWA
Devel Disabi
for shelter
Cou
a
a
a
a
seruice work program and electronicAgreement with Olympic Peninsula H
servicesResolution calling for a hearing on theDungeness River Center
ng programa
of way near the
a Agreement State of for id Waste Management WasteReduction and Program
a
a
a
a
a
a
a
Agreement of Depaftment of Ecology for the LowerDungeness Rive ProjectResolution appointing Be Health Program Fund Advisory BoardResolution Christina Smith, CheriTinker, Mary Hoganand the ness
to the Developmental Disabilities Advisory CommitteeRya Krueger to the North Pacific Coast Marine
rn and Jefferson Countiesto the Planning Commission
Lindley and Joseph R. Sharkey to the Olympic Area Agency onAgingResolution n Tyler, Brooke Nelson and Liz Mueller to the Sheriff's CitizensAdvisory CommResolution Margaret Owens to the Heritage Advisory BoardResolution reappoi ng Vanessa Fuller to the Lodging Tax Advisory CommitteeRemoved: Resolution authorizing an expenditure from the Hotel/MotelTax Fund for an approved2020 Lodging Tax fundíng application - Clallam County Parks, Fair and Facilities/$40,000Letter of support to Serenity House of Clallam County for the Housing Preservation ProgramFundingFireworks discussion - an Ordinance creating a chapter in the Clallam County Code title FireworksReview the "How Did We Do" reports comparing each month's actual performance against the 2019Annual Budget
a
a
a
a
a
a
a
1 with
Committeereapporrea
Meeting adjourned at 11:23 a,m
BOARD of CLALLAM COUNTY COMMISSTONERSMINUTES for the week of December 16 - 2O,2019Page 2
REGULAR MEETING OF THE BOARD OF CLALTAM COUNTY COMMISSIONERSChair Ozias called the meeting to order at 10 a.m., Tuesday, December 17,20L9. Also present wereCommissioners Johnson and Peach, and Interim Administrator Sill.
REQUEST FOR MODTFTCATTONS/APPROVAL OF AGENDAACTION TAKEN: CBPm to adopt the agenda as presented, CRIs, mc
CONSENT AGENDAla Approval of vouchers for the week of December 9lb Approval of payroll for period ending December 101c Approval of minutes for the week of December 91d Letter of support to Serenity House of Clallam County for the Program
FundingACTION TAKEN: CRJm to adopt the consent agenda, C
REPORTS AND PRESENTATIONSo CBP attended the Cherish the Children Charityo CRI attended the North Peninsula Building
an event with Pacific Northwest Junior Livestockand Future Farmers of America.
. CMO announced that Jesse Major is
Enforcement. He spoke of outgoinginstitutional knowledge. He advised thatvisited December 12. He reported thatAngeles has been onboarding patientsWay's Trickle Up Training on Resiliency
CONTRACTS AND2a Agreement
Dungenessof Washi
ProjectACTION TAKEN: CRJM
2b A9RJs, mc
- WestACTION TAKEN:
2e Agreement withservrces
ACTION TAKEN:
in La
mon a Soldiers fund attendedbe holdi for 4-H
Peninsula Dai to work for Clallam County CodeMayor acknowledging her
had
Kathleen KlerClinic in PortHe attended United
of Ecology for the Lower
nement of Lower Elwha Klallam Tribal youth
Ag
2c
2d
of Licensing (DOL) for appointment of the Countyservrces
mc
End Vehicle Licensing to peform licensing servicesmcCRJs,
Mansfield - Sequim Licensing Depot, LLC to perform licensing
to approve, CBPs, mc
ADMINISTRATION3a Resolution reappointing Gerald B. Stephanz, Jr. MD to the Clallam County Board of HealthACTION TAKEN: CBPm to adopt, CRJs, mc
3b Resolution reappointing Roberta Griset and Paul Gleeson to the Heritage Advisory BoardACTION TAKEN: CRlm to adopt, CBPs, mc
3c Resolution reappointing Gene Unger, P.E. to the Building Code Board of AppealsACTION TAKEN: CBPm to adopt, CRJs, mc
1 with
CRJm to a
to
c
Agent of DOLwith
BOARD of CLALLAM COUNTY COMMISSIONERSMINUTES for the week of December 16 - 2O,2019Page 3
3d Resolution authorizing Auditor to void outstanding claims and warrants dated July 1, 2017 throughJune 30, 2018
ACTION TAKEN: CRJm to adopt, CBPs, mc
PUBLIC COMMENT. Ed Bowen, P,O. Box 111, Clallam Bay, spoke about the Secure Rural Schools Act (see attached).
He commented on the Lake Ozette Sockeye Steering Committee and the Road Department culvertdiscussion.
. Larry Campbell, 215 Gull's Lane, Sequim, discussed issues related to his legal views. (see attached)
HEARING(S) - Beginning at 10:30 a.m.H1 Consideration of resolution adopting the following Debatable
Public Works - ER&R - 20L9 Schedule A did not include salabudgeted cost was below the actual required support fromPublic Works - Roads - Increase in staff time duringrelated compressed time frames during chip sealsupport/$262,000Public Works - Carlsborg Sewer - increase in al ofSewer Fund that was not used as planned inproject delaying to 2020/$9,000. Chief Financial Officer Mark Lane read the agenda
ACTION TAKEN: CRIm to open the h CBPs, mco The following provided comment:
o Ed Bowen, P.O. Box 111, ClallaACTION TAKEN: CRJm to close the public
Meeting concluded at 10:43 continuedDistrict (WSMPD) conven Presentretained by WSMPD.
Meeting concluded 3Wednesday, December 18.Transit.
Meeting
No
PASSED
ATÏEST:
Loni Gores, CMC, Clerk of the Board
KEY TO ABBREVIAÏONS:ARS Administrator Rich SillCMO Commissioner Mark OziasCRJ Commissioner Randy JohnsonCBP Commissioner Bill Peach
beyond mechanics. The000
weatherrelated to istrative
staff time toSewer project the
into the record.
iam Shore Memorial Poolrssro Johnson and Peach. Minutes are
nued to the Transit meeting convening at 10:01 a.m.,Ozias and Peach. Minutes are retained by
ued to 9 4.m., Monday, December 30.
or 24.
of December 2019
BOARD OF CLALLAM COUNTY COMMISSIONERS
Mark Ozias, Chair
Randy Johnson
movedmotion carriedseconded
mc
mmcs
and
uded
s were
PTED this
Bill Peach
*rkb\\cM taftFâEd Bowen
To:Subject:
bpeach @co.clallam,wa. usSTS
Extends Title I, Title II (RAC), andTitle III (the emergency services pot) for two years, with payments in calendar 2020 and,calendar 202I (paid in arrears for Fy20l9 and FYZ}Z})
1 TITLE III-SECURE RURAL2 SCHOOLS AND COMMUNITY3 SBLF-DETERMINATION EX+TENSION5 snc. 301. EXTENSToN oF THE sECURE RURAL scHooLS6 ¡.¡qn coMMUNITy sELF-DETERMTNATIoN ACT7 or zooo.
8 (a) SncuRB PRyrr¡Burs Ron Sreras Ruo Counrrns
9 Comnrnrt'tc FnleRm Lnm. -10 (1) SBcunB pAyMENTS. -section 101 of the11 secure Rural schools and community self-Deterr2mination Act of 2000 (t0 U. S. C. Zl11) is amended,13in subsections (a) and (b), by striking ' 'and 2018, ,
14each place it appears and inserting ' ,Z0.lB, á01g,
15 and 2020' '16 (2) PRyuBurs r0 sTATES AND corrNTrES. -17 (A) Emmloiv To RECETvE pAyMENT
18 eMoul'rr. -Section 102 (b) of the Secure Rural19 schools and community self-Determination Act20 of 2000 (t0 U. S. C. TLtz(b)) is amended-
1
2I (i) in paragraph (1) (D)-22 (I) in the subparagraph heading,23 by striking ' 'FoR FrscAL vEARS 2012
3 (II) by striking ' 'fotr fiscal years42017 or 2018' ' and inserting ' 'for5 each of fiscal years 20LT through62020' ' i and
7 (ii) in paragraph (2), in subpara8graphs (A) and (B), by striking ' 'for fiscal9 years 2017 and 2018' ' each place it ap10pears and inserting ' 'for each of fiscal11 years 20LT through 2020' '
12 (B) ExppnnrruRp RULES FoR ELTGTBLE
13 couruues. -Section 102 (d) of the Secure Rural14 Schools and Community Self-Determination Act15 of 2000 (t0 U. S. c. TLtZ(d)) is amended-16 (i) in paragraph (t) (F)-17 (I) in the subparagraph heading,18 bv striking ' 'FoR FiscAL vEARS z0t7
19 RNn zots' ' and inserting ' 'FoR EACH
20 op FrscAL YEARS zoiz THRoUGH
2Izozo' ' ; and
22 (II) by striking ' 'for fiscal yeaïs23 2017 and 2018' ' and inserting ' 'for
2
24 each of fiscal years Z0IT through252Q20' ' i andDecember 16, 2019 (3:33 p.m.)
L2IBu : \20200MNI\H1 B65PLT-44. xmi
1 (ii) in páragraph (B) (D)-2 (I) in the subparagraph heading,3 by striking ' 'FoR FISCAL vEARS 2012
4 RNn zota' ' and inserting ' 'FoR EACH
5 op pIscRL yEARS 2otz THRoucH
6zozo' ' ; and
7 (II) by striking ' 'for fiscal years82017 and 2018' ' and inserting ' 'for9 each of fiscal years Z0IT throught02a20' '
1 I (C) DrsrnrsurroN 0F pAyMENTS T0 ELrl2GIBLE cor.rNTrES. -Section 108 (d) (2) of the Se13cure Rural schools and community self-Det erl4mination Act of 2000 (tO U. S. C. TILJ(d) (2)) i,15 amended by striking ' 'through and for fiscal16 years 20L7 and 20lB' ' and inserting , ,throughL7 20L5 and for each of fiscal years 20lT through182020' '
19 (b) Exrpnslol,r op AurnoRrTy T0 Coivtucr Spn20clm PnoJrcTS oN Fnnnnm Lnxn. -21 (I) Exisrruc ADVrsoRy coMMTTTEES. -section22205(a) (+) of the secure Rural schools and commu23nity Self-Determination Act of 2000 (tO U. S. C.247L25(a) (a)) is amended by striking ' 'september zg,December 16, 2019 (3:33 p.m.)
3
I2t9U : \202OOMNIV{iB65PLT-44. xml
1 20iB' ' each place it appears and inserting ' 'Decem2ber 20, 2A2L' '3 (2) TnRNm¿rroN 0F AUTHoRrry. -Section4 208 of the Secure Rural Schools and Community5 Self-Determination Act of 2000 (t0 U. S. C. TIZB) is6 amended-
7 (A) in subsection (u), by striking ' '2020' '
8 and inserting ' '2022' ' i and9 (B) in subsection (b), by striking ' 'Z0ZI' '10 and inserting ' '2023' '11 (c) Exrnivsrol'¡ op AurHoRrry To Expniw Couvry
12 Fumns. -section 304 of the secure Rural Schools and13 Community Self-Determination Act of 2000 (t0 U. S. C.
l4TI44) is amended-
15 (1) in subsection (u), by striking ' 'Z0ZA' ' and16inserting ' '2022' ' i and
17 Q) in subsection (b), by striking ' '202I' ' and18 inserting ' '2023' '
4
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AqtalstAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Depaftment: Auditor
WORK SESSION X Meeting Date: December 16, 2019
REGULAR AGENDA x Meeting Date: December 3L, 2OL9
Required originals approved and attached? XWill be provided on:
Item summary:n can for Hearing
n Resolution
X Contract/Rgreement/MOU - Contract # LOO22LL9.!2
n Proclamation E Budget ltem
! rinalordinance ! otnern Drat Ordinance
Documents exempt from public disclosure attached: !
Executive summary:This intergovernmental agreement is entered into by the Washington State Office of the Secretary ofState I'OSOSJ and the Clallam County Auditor's Office ('CountyJ.
Public office candidates are provided a method to file Declarations of Candidacy online using theVoteWA system maintained and sponsored by the OSOS and Washington State Counties.
This Agreement identifies the parties'arrangements regarding the collection and distribution ofelectronic filing fee payments submitted with online Declaration of Candidacy filings.
BUdgetary impaCtl (ts ttrere a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary, the budget change form must be submitted with the ¡tem at work session and for theregular agenda) If a budget act¡on is required, has it been submitted and a copy attached? n
None, the OSOS will absorb all merchant transaction fees.
RgCOmmended aCtiOn: (ooes the Board need to act? If so, what is the departmenfs recommendation?)
Request the Board to approve and sign Intergovernmental Agreement.
County Official signature & print name:
Na me of Employee/ Sta keholder attend ing meeti ng : Riggs
Relevant DepaÊments:
Date submitted: December 6,20Lg* Work Session Meeting - Submit 1 single sided/not stapled copy*x Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)
THE STATE OF WASHINGTONOFFICE OF THE SECRETARY OF STATE
ANDCLALLAM COUNTY AUDITOR'S OFFICE
FOR ONLINE CANDIDATE FILING
This intergovernmental agreement ("Agreement") is entered into by the WashingtonState Office of the Secretary of State (.OSOS") and the Clallam County Auditor's Office("County").
WHEREAS, RCW 29A.24.091 requires a candidate for a salaried public office positionto file a Declaration of Candidacy and pay a filing fee;
WHEREAS, RCW 294.24.091 makes the Declaration of Candidacy filing fee payable toOSOS or a county, depending on the public office position;
WHEREAS, Chapter 39.34.080 RCW authorizes governmental entities to enter intoagreements for the joint and cooperative exercise of their respective authorities;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the partiesagree as follows:
I. PURPOSEThis Agreement identifies the parties' arrangements regarding the collection anddistribution of electronic filing fee payments submitted with online Declaration ofCandidacy filings.
2. PERIOD OF PERFORMANCEThe period of performance under this Agreement will be from the date of theexecution (the "Effective Date")with no end date, unless otherwise terminated asprovided herein.
3. DUTIESThe parties will perform the following duties for online Declaration of Candidacyfilings submitted with electronic payment.
A. OSOS will
1. Provide a method, on behalf of County, for public office candidates to fileDeclarations of Candidacy online using the VoteWA system maintained andsponsored by the OSOS and Washington State Counties;
t
tG-6728
2. Accept electronic payments online for Declaration of Candidacy filing fees;
3. Calculate Declaration of Candidacy filing fees payable to County;
4. Distribute appropriate Declaration of Candidacy filing fees to County.
5. Concurrent with each distribution of fees, provide a candidate filing fee reportidentifying the associated candidates and fee amounts, including any totalsreduced due to filing fee petitions.
6. OSOS will absorb all merchant transaction fees.
B. County will
1. Review candidate filing fee reports from OSOS, and promptly inform OSOS ofany discrepancies; and
2. Notify OSOS, within thirty (30) days, of any contact information changeaffecting this Agreement.
4. PAYMENTOSOS will issue any payments to County through warrant or electronic transferPayment(s) will occur within sixty (60) days after each filing deadline.
5. AGREEMENT MANAGEMENTThe following individuals are responsible for the management of this agreement:
A. OSOS Shannon Cortez, Deputy Director of ElectionsOffice of the Secretary of StatePO Box 40229Olympia, Washington 98504shan non. [email protected]. gov(360) e02-416e
B. Gounty: Shoona Riggs, Auditor223E.4th St. Suite 1
6. WAIVERWaiver of any default may only be in writing and shall not be deemed a waiver of anysubsequent default. Waiver of breach of any provision of the Agreement shall not bedeemed a waiver of any other or subsequent breach and shall not be construed to
2
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be a modification of the terms of the Agreement unless stated to be such in writing,signed by the parties to this Agreement, and attached to the originalAgreement.
7. DISPUTESlf a bona fide dispute arises between OSOS and County, both parties will make agood faith effort to resolve the dispute pursuant to negotiation. lf the parties fail toresolve the dispute through negotiation, the parties may choose a mutually anacceptable Alternate Dispute Resolution method. Such an Alternative DisputeResolution process shall precede any action in a court of law.
8. TERMINATIONEither party may termlnate this Agreement by providing written notice a minimum of90 days prior to the termination date. lf this Agreement is so terminated, the partiesshall be liable only for performance rendered or costs incurred in accordance withthe terms of this Agreement prior to the effective date of termination.
9. SAVINGSln the event funding from state, or other sources is withdrawn, reduced, or limited inany way after the effective date of the Contract and prior to normal completion,OSOS may terminate the contract under the "Termination for Convenience" clause,without the 90 day notice requirement, subject to renegotiation under those newfunding limitations and conditions.
1 O. ENTIRE UNDERSTANDINGThis Agreement sets forth the entire understanding of the parties and may bemodified only by written instrument duly executed by each party.
1I. GOVERNING LAWThe Agreement shall be construed and interpreted in accordance with the laws of thestate of Washington, and the venue of any action brought hereunder shall be in theSuperior Court for Thurston County.
12. HEADINGS
The headings of the various sections of this Agreement have been inserted forconvenience and reference only and shall not be deemed part of this Agreement
The rest of this page is left intentionally blank
3
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The persons signing below warrant that they have the authority to execute thisAgreement.
OFFICE OF THE SECRETARY OF STATE CLALLAM COUNTY
Mark NearyAssistant Secretary of State
Shoona RiggsAuditor
CivilClallam
Date Date
le lzotl
Approved as to form onlY b¡n
ElizabethAttomey
4
JbtÐlslAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Depaftment¡ Auditor
WORK SESSION X Meeting Datel December 116,2OL9
REGULAR AGENDA X Meet¡ng Date: December 31, 2019
Required originals approved and attached? XWill be provided on:
Item summary:! catlfor Hearing x contract/Agreement/Mou - contract # tooz2ltg.L3
n Resolution ! Proclamation n Budget Item
n Orat Ordinance I F¡nal Ordinance n Otfrer
Documents exempt from public disclosure attached: tr
Executive summaty:This intergovernmental agreement is entered into by the Washington State Office of the Secretary ofState ('OSOSJ and the Clallam County Auditor's Office f'CountyJ.
This Agreement identifies the OSOS and County's obligations and duties for the annual vendormaintenance and suppoft costs of the VoteWA system.
Budgetary impaCt: (r tnere a monetary ¡mpact? If so, are funds for this already allocated or is a budget change necess ary? tfthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? [
Funds are already allocated for maintenance and suppoft cost on the VoteWA system.
RgCOmmgnded aCtiOn: (ooes the Board need to act? If so, what is the department's recommendation?)
Request the Board to approve and sign Intergovernmental Agreement.
County Official signature & print name¡
Name of Employee/Stakeholder attending meeting: Shoona Riggs
Relevant Depaftments:
Date submitted: December 6,20L9
x Work Session Meeting - Submit 1 single sided/not stapled copyxx Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)
THE STATE OF WASHINGTONOFFICE OF THE SECRETARY OF STATE
ANDCLALLAM COUNTY AUDITOR'S OFFICE
FOR VOTEWA MAINTENANCE AND SUPPORT COSTS
This intergovernmental agreement ("Agreement") is entered into by the WashingtonState Office of the Secretary of State ("OSOS') and the Clallam County Auditor's Office("County").
WHEREAS, Chapter 39.34.080 RCW authorizes governmental entities to enter intoagreements for the joint and cooperative exercise of their respective authorities; and
WHEREAS, the OSOS and thirty-nine (39)Washington State Counties havecollaborated together in order to modernize, streamline, and improve the electionsprocess through the development and implementation of a statewide modern ElectionsManagement Project (EMP) for Washington State, known as VoteWA; and
WHEREAS, upon final acceptance and implementation of the VoteWA system, theOSOS and 39 Washington State Counties have agreed to share the costs equally forvendor maintenance and support costs of the VoteWA system.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the partiesagree as follows:
I. PURPOSEThis Agreement identifies the OSOS and County's obligations and duties for theannual vendor maintenance and support costs of the VoteWA system.
2. PER¡OD OF PERFORMANCEThe period of performance under this Agreement will be from the date of theexecution (the "Effective Date") with no end date.
3. DUTIESThe parties will perform the following duties for the annual vendor maintenance andsupport costs for the VoteWA system.
A. OSOS will:
1. lnvoice the County each year directly for one-half, or fifty percent (50%) of theannual cost of vendor maintenance and support for the VoteWA system. Annualvendor maintenance cost and support through June 30, 2025 is $696,456.00. OSOS
7
tG-6686
will have the option to extend maintenance and support services beyond June 30,2025. Annual fees for maintenance and support services June 30, 2025 will besubject to an annual increase of no more than 5%, excluding fee adjustments forballot download fees.
2. Calculate the cost of the VoteWA System maintenance and support for eachCounty based upon the following formula:
RegisteredVoters ín county f or prior year genera.I electionX(Maintenance costs X 0.5)
Total RegisteredVoters inthe støte f or príor year's general electíon
Example:
Registered voters in County for prior year general election = 1,000
Total registered voters in the State for prior year's general election =1,000,000
Maintenance cost = $50,000.00
1,000/1,000,000 x ($50,000.00 x 0.5) =
.001 X $25,000.00 = $25.00
3. Prorate the first year of maintenance and support based upon when the VoteWAsystem is fully operational.
B. Gounty will:1. Within 30 days of receipt of the annual invoice for VoteWA maintenance andsupport, issue payments to the OSOS through warrant or electronic transfer.
2. Notify OSOS of any contact information changes affecting this Agreement within30 days.
4. AGREEMENT MANAGEMENTThe following individuals are responsible for the management of this agreement:
A. OSOS Shannon CortezDeputy Director of ElectionsOffice of the Secretary of StatePO Box 40229Olympia, Washington 98504shan non. co [email protected]. gov360-902-4169
2
rG-6686
B. Gounty Clallam County Auditor's OfficeShoona Riggs, Auditor
223 E.4th St. Suite 1
Port Angeles, WA 98362sriggs@co. clallam.wa. us360-417-2222
6. WAIVERWaiver of any default may only be in writing and shall not be deemed a waiver of anysubsequent default. Waiver of breach of any provision of the Agreement shall not bedeemed a waiver of any other or subsequent breach and shall not be construed tobe a modification of the terms of the Agreement unless stated to be such in writing,signed by the parties to this Agreement, and attached to the originalAgreement.
7. DISPUTESlf a bona fide dispute arises between OSOS and County, both parties will make agood faith effort to resolve the dispute pursuant to negotiation. lf the parties fail toresolve the dispute through negotiation, the parties may choose a mutually anacceptable Alternate Dispute Resolution method. Such an Alternative DisputeResolution process shall precede any action in a court of law.
8. TERMINATIONEither party may terminate this Agreement by providing written notice a minimum of90 days prior to the termination date. lf this Agreement is so terminated, the partiesshall be liable only for performance rendered or costs incurred in accordance withthe terms of this Agreement prior to the effective date of termination.
9. SAVINGSln the event funding from state, or other sources is withdrawn, reduced, or limited inany way after the effectÍve date of the Contract and prior to normal completion,OSOS may terminate the contract, without the g0 day notice requirement, subject torenegotiation under those new funding limitations and conditions.
10. INDEPENDENT PARTIES; INDEMNIFICATIONIt is understood that, in entering into and performing under this Agreement, neitherparty is an employee or agent of the other party. Each party to this Agreement shallbe responsible for its own acts and/or omissions and those of its officers,employees, and agents. Each party shall indemnify the other party for any negligentacts or willful misconduct committed by its employees, officers, or agents. OSOS'indemnity obligations under this Agreement shall apply to the extent permitted bythe laws of the State of Washington.
3
rG-6686
1 1. ENTIRE UNDERSTANDINGThis Agreement sets forth the entire understanding of the parties and may bemodified only by written instrument duly executed by each party
12. GOVERNING LAWThis Agreement shall be construed and interpreted in accordance with the laws ofthe state of Washington, and the venue of any action brought hereunder shall be inthe Superior Court for Thurston County.
13. HEADINGSThe headings of the various sections of this Agreement have been inserted forconvenience and reference only and shall not be deemed part of this Agreement
The persons signing below warrant that they have the authority to execute thisAgreement.
OFFICE OF THE SECRETARY OF STATE CLALLAM COUNTY
Mark NearyAssistant Secretary of State
Shoona RiggsAuditor
Date Date
t1
Approvedas tofom onlyq,:
tz
ClallamCivil
4
åc-PJEtAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Depaftment: Human Resources
woRK sEssroN x Meeting Date: L2lL6l2OL9
REGULARAGENDA X MEEt¡Ng DAIC: T2I3LI2OT9
Required originals approved and attached? XWill be provided on:
ftem summary:fl caltfor Hearing x contract/Agreement/Mou - contract # 461.t9.07
fl Resolution I Proclamation f] Budget ltem
I Oraft Ordinance n f¡nat Ordinance f] Other
Documents exempt from public disclosure attached: tr
Executive summary:This is a continuation of the original PSA with Sebris Busto James (SBJ) that was in effect from 20t7-20L9. After discussion regarding the expiring agreement SBJ has agreed to leave the rates statusquo (no increase).
BUdgetary impaCt: (ts there a monetary impact? If so, are funds for this already altocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? fIThe estimated costs for these services have been allocated in the 2020 budget.
ReCOmmgndgd aCtiOn: (ooes the Board need to act? If so, what is the depaftment's recommendat¡on?)
Please review and sign if approved.
County Official signature & print name:
Name of Employee/Stakeholder attending meeting: Rich Sill/Tom
Relevant Departments¡ Human Resources/Countv-Wide
Date submitted : L2/ LI|20I9
* Work Sess¡on Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)Sebris Busto lames Contract 2020-2022.doa<
Revised: 3-04-2019
Questions? Call Loni Gores, Clerk of the Board. ext 2256
Contract 46L.L9.07
PE RSONAL SERVICES AG REEMENT
THIS AGREEMENT is entered into between CLALLAM COUNTY, a political subdivision of the State ofWashington, (hereinafter called "County" or "Clallam County") and
Name: Sebris Busto James, (Matthew W. Lynch, shareholder)
Address: 14205 S,E, 36th Street, Suite 325
Bellevue, WA 98006
Phone No: (425) 454-4233
(herei nafter called "Contractor").
This Agreement is comprised of:
X Attachment A - Scope of Work
X Attachment B-Compensation
X Attachment C - General Conditions
X Attachment D - Special Terms and Conditions
Attachment E (specify) - Table rates for professional services as of the last date this contract isexecuted.
copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
The term of this Agreement shall commence on the lst day of January 2020 and shall, unless terminatedas provided elsewhere in the Agreement, terminate on the 31't day of December 2022.
IN WITNESS WHEREOF, the parties have executed this Agreement on this _day of
CONTRACTOR
BOARD OF CLALLAM COUNTY COMMISSIONERS
s Busto James
Print name Matfhew W I vnrhMark Ozias, Chair
CLALLAM COUNTY SUPERIOR COURT JUDGEïtle:
Date: 2019
ATÏEST: THIS CONTRACT HAS BEEN APPROVED AS TOFORM BY THE CLALLAM COUNTY PROSECUTNGATTORNEY
Loni Gores, Clerk of the Board
/0
141"*LOriginals: BOCC
VendorInitiating DepaftmentCopies: 5
Mark Nichols
n*J*F
PERSONAL SERVICES AGREEM ENT ATTACHMENT A
SCOPE OFWORK
The Contractor shall provide legal counsel and representation of the political subdivision know as ClallamCounty and the County's elected officials and other personnel with respect to and in the course of labornegotiations with the collective bargaining units listed below and as requested by the Clallam County Boardof County Commissioners [(or the Board's authorized designee (s)] periodically, except insofar as suchaction of representation is inconsistent with RCW 36.32,220, Contractor is retained pursuant to the termsof this Personal Services Agreement based, in part, on the expertise, experience and knowledge ofMatthew W. Lynch, a shareholder of the Contractor.
. International Brotherhood of Teamsters Local 589. The American Federation of State, County and Municipal Employees/Washington State ("AFSCME-WA') Council 2, Local 1619-S (Sheriff's Patrol Sergeants). AFSCME-WA, Council 2, Local i619-CS (Corrections Sergeants). AFSCME-WA, Council 2, Local 1619-LC (Sheriff's Employees)o AFSCME-WA, Council 2, Local 1619-C (Corrections Deputies). AFSCME WA, Council 2, Local 1619-D (Sheriffs Patrol Deputies). AFSCME-WA, Council 2, Local 1619-MP (Management and Professional Employees) and theo ProsecutingAttorneysAssociation
As well as any other collective bargaining units either ceftified by the Public Employment RelationsCommission (PERC) or voluntarily recognized by the County during the term of this Contract.\
The services requested of the Contractor and to be provided by the Contractor may also includeemployment related risk management, pre-loss legal advice, consultation and representation if authorizedby the County Administrator or the Director of Human Resources & Risk Management.
Matthew W. Lynch shall whenever possible be the lead counsel providing legal representation to theCounty under the terms and obligations of this Agreement, However, Mr. Lynch shall have full discretionto delegate specific tasks to other persons employed by or engaged (e.g,, experts) by his law fìrm.
All services provided by or through Matthew W. Lynch and/or the Sebris Busto James law firm may bedirected, overseen andlor managed collaboratively by the Clallam County Prosecuting Attorney as'thestatutory legal counsel for and of the County on such basis as the Contractor, the Pròsecuting Attorney, theCounty Administrator and/or Human Resources Director may define and refine periodically.
Contract may communicate with and contact the Bullard Law Firm and/or C. Akin Blitz with respect tobackground information, Institutional knowledge, records, documents or other data relating to'the legalrepresentation Bullard Law firm provided to the County prior to execution of this Agreement and theBullard Law Firm shall comply with all reasonable requests for information, recordsl documents, documentsor date that the Contractor may make of it. Nothing in this program shall be deemed to be a waiver of theattorney-client privilege with respect to any information, recordi, documents or data transmitted orforwarded from Bullard Law to the Contractor.
ATTACHMENT A Page 1
fee of DOLLARS ($ ) for the completed work set forth incompleted tasks shall be made no more frequently than f] monthly;annually; n at completion of project; fl other (specify)
PERSONAL SERVICES AGREEM ENT
COMPENSATION
1. [a. FIXED FEE FOR SERVICE: For services rendered, the
Each request for payment shall be supported by an invoicerequest for payment and the payment amount requested. In noamount which represents a percentage of the fee greater than the
OR
X ¡. nOUnLY RATES: For seruices rendered, the County shall cofollowing hourly rates: See attached rate sheet and below
Ilan¡ie/ÞosÍtìonJeffrey A, JamesM. Edward TaylorJillian BarronDarren A. FeiderMatthew W. LynchJennifer Parda -AldrichJason RossiterTna M. AikenMatt KellyMariya KhilyukTran TihnTana DaughertyChristy Kirchmeier
HourlY 4¿¿sg42sg3es
9380$380$370$33s9330$30sg26sg26s
921sg1B0
$170
Payments for completed tasks shall be made no moreannually; f]at completion of project; flannually; n other (
Each request for payment shall be supported by an invoiceContractor's employee if two or more are identifled above; numberwhich compensation is sought; estimated percentage of task coother (specify).
In no event shall Contractor be compensated in excess ofwork set forth in Attachment "A."
2. AND
f]a. The compensation set fofth herein includes, without limitation:telephone, computer, copiers, and the like.
OR
X U. The County shall reimburse the Contractor for actualcopiers, and computer. Reimbursement for airfare, mileage, mealssame rate as that applicable to county employees traveling on cou
ATTACHMENT B
business.
Page I
ATTACHMENT B
shall pay to the Contractor a fixedchment A. Payments forquarterly; flsemi-annually; n
the tasks completed up to theshall payment be sought in an
of completed tasks.
pensate the Contractor at the
frequently th X monthly; [quarterly; nsemi-
the name/position of thehours worked; completed tasks for; payment amount requested;
($ ) for the completed
bor, materials, equipment, travel,
incurred for travel, telephone,accommodations shall be at the
PERSONAL SERVICES AGREEMENT
OR
n c. Other (specify):
ATÏACHMENT B
ATTACHMENT B Page2
1
PERSONAL SERVICES AGREEM ENT
GENERAL CONDITIONS
Scope of Contractor's Services. The Contractor agreesmaterials set forth in the project narrative identified asNo material, labor, or facilities will be furnished by theAgreement.
2 Accountinq and Payment for Contractor Seruices, Paymentunder this Agreement shall be as set forth in Attachment B.B, the County will not reimburse the Contractor for any costsin the performance of this contract,
The CountyContractor's
shall compensate the Contractor through the Couservice pursuant to the fee schedule set forth in
3, Delegation and Subcontracting. Contractor's services arecontract may be delegated or subcontracted to any other ind
4
express and prior written approval of the CounÇ Project Mana
Independent Contractor. The Contractor's services shall be fuindependent contractor and nothing herein contained shall beemployer/em ployee or master/servant.
The Contractor acknowledges that the entire compensation forAttachment B and the Contractor is not entitled to any countyvacation pay, holiday pay, sick leave pay, medical, dentalrights or privileges afforded to Clallam County employees.maintains a separate place of business, seryes clients otherand expense accrued unschedule, and has a tax
der this contract with the Internalaccount with the State of Wa
of the amount to
of all sales and use and Business and Occupation taxes
In the event that either the state or federal governmentmaster/servant relationship exists rather than an independentClallam County is deemed responsible for federal withholding,compensation and the limade or required to be
ke, the Contractor agrees to reimbumade by Clallam County. Should a
pursuant to this Agreement, the Contractorfrom such future payments a pro rata share
agrees that reim
Notwithstanding any determination by the state or federalor master/servant relationship exists, the Contractor, itsentitled to any benefits that Clallam County provides to
5. No Guarantee of Employment, The performance of all or paftnot operate to vest any employment rights whatsoever andemployment of the Contractor or aemployee of any subcontractor by
6. Regulations and Requirements. This Agreement shall be subjrules, and regulations.
7 Right to Review.have the right to
This contract is subject to review by anyreview and monitor the financial and service
whatever means are deemed expedient by the County Projectwith or without notice, and may include, but is not limited to,employees, inspection of all records or other materials that the
ATTACHMENT C
s pertinent to the
Page 1
ATTACHMENT C
to to the County services and anyAttach A during the agreement period.County, nless otherwise provided for in the
to e Contractor for services renderedless specifically stated in Attachmentexpenses incurred by the Contractor
voucher system for thement B,
rsonal and no portion of thisfirm or entity without the
ishednstru
byed
the Contractor as anto create a relationship of
is Agreement is specified inincluding, but not limited to
or insurance benefits, or any otherContractor represents that it
the County, will report all incomeue Service on a business tax
of Revenue for paymentthe State of Washington,
nes that an employer/employee orrelationshíp such that
al security contributions, workersallam County for any payments
be due to the Contractormay be made by deducting
reimbursed.
ment that an employer/employeeemployees and agents, shall not be
its e
I not be deemthis contract by
edthe Contractor shallto guarantee any
or any subcontractor or anyor in the future.
to all federal, state, and local laws,
I or state auditor. The County shallof this program by
anager. Such review may occuron by County agents or
ti
B
9.
PERSONAL SERVICES AGREEM ENT ATTACHMENT C
Agreement and its performance, and any and all communications with or evaluations by servicerecipients under this Agreement. The Contractor shall preserve and maintain all financial recordsand records relating to the performance of work under this Agreement for three (3) years aftercontract termination, and shall make them available for such review, within Clallam County, State ofWashington, upon request, during reasonable business hours.
Modifications. Either pafi may request changes in the Agreement, Any and all agreedmodifications shall be in writing, signed by each of the parties.
Termination for Default, If the Contractor defaults by failing to perform any of the obligations of thecontract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit ofcreditors, the County may, by depositing written notice to the Contractor in the U.S. Mall, postageprepaid, terminate the contract, and at the County's option, obtain performance of the workelsewhere, If the contract is terminated for default, the Contractor shall not be entitled to receiveany further payments under the contract. Any extra cost or damage to the County resulting fromsuch default(s) shall be deducted from any money due or coming due to the Contractor, TheContractor agrees to bear any eltra expenses incurred by the County in completing the wor(including all increased costs for completing the worÇ and all damage sustained, or which may besustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason thatthe Contractor was not in default, the rights and obligations of the parties shall be the same as if thenotice of termination had been issued pursuant to the Termination for Public Convenience paragraphhereof.
11.
Termination for Public Convenience. The County may terminate the contract in whole or in partwhenever the County determines, in its sole discretion that such termination is in the interests of theCounty. Whenever the contract is terminated in accordance with this paragraph, the Contractorshall be entitled to payment for actual work peformed for completed items of work. An equitableadjustment in the contract price for partially completed items of work will be made, but suchadjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work.Termination of this contract by the County at any time during the term, whether for default orconvenience, shall not constitute a breach of contract by the County,
Termination Due to InsuffÌcient Funds, If sufficient funds for payment under this contract are notappropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminatethis contract upon five (5) days written notice to the Contractor. No penalty or expense shall accrueto the County in the event this provision applies,
Termination Procedure. The following provisions apply in the event that this Agreement isterminated:
(a) The Contractor shall cease to perform any services required hereunder as of theeffective date of termination and shall comply with all reasonable instructions contained in thenotice of termination, if any.
(b) The Contractor shall provide the County with an accounting of authorized servicesprovided through the effective date of termination.
(c) If the Agreement has been terminated for default, the County may withhold a sumfrom the final payment to the Contractor that the County determines necessary to protectitself against loss or liability.
10
72.
AfiACHMENT C Page 2
PERSONAL SERVICES AGREEMENT ATTACHMENT C
13. Defense and Indemnitv Agreement.
(a) The Contractor agrees to hold harmless, indemnify and defend the County, its officers,officials, employees and agents, from and against any and all claims, actions, suits, liability,loss, expenses, damages and judgments of any nature vlhatsoever, including reasonable costsand attorneys'fees in defense thereof, for injury, sickness, disability or death to persons ordamage to propefty (including loss of use thereof,) or brciness (including economic loss),caused by or arising out of the Contractor's acts, errors or omissions in the performance ofthe Contract, Provided, however, that the Contractor's obligation under this provision will notextend to injur¡ sickness, disability, death or damage caused by or arising out of the solenegligence of the County, its officers, officials, employees or agents.
(b) With regard to any claim against the County, its offìcers, officials, employees andagents by any employee of the Contractor, subcontractor, anyone directly or indirectlyemployed by any of them, or anyone for whose acts any of them may be liable, theindemnification obligation under this Section will not be limited in any way by any limitationon the amount or type of damages, compensation or benefits payable by or for the Contractoror subcontractor under workers'compensation acts, disability benefit acts or other employeebenefit acts. It is clearly agreed and understood by the parties to the Contract that theContractor expressly waives any immunity the Contractor might have had under such laws.By executing the Contract, the Contractor acknowledges that the foregoing waiver has beenmutually negotiated by the parties as is required by RCU/ 4,24.It5, and that the provisions ofthis Section will be incorporated, as relevant, into any contract the Contractor makes with anysubcontractor or agent performing work under the Contract.
(c) The Contractor's obligations under these provisiors 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 delegaied duty by the Contractor, theContractor's em pl oyees, a gents or su bcontra ctors.
14. Industrial Insurance Waiver, With respect to the performance of this Agreement and as to claimsagainst the County, its appointed and elected officers, agents and employees, the Contractorexpressly waives its immunity under Ïtle 51 of the Revised Code of Washington, the IndustrialInsurance Act, as now or hereafter amended, for injuries to its employees and agrees that theobligations to indemniff, defend and hold harmless provided in this Agreement extend to any claimbrought by or on behalf of any employee of the Contractor, Along with the other provisions of thisAgreement, this waiver is mutually negotiated by the parties to this Agreement,
15. Venue and Choice of Law. In the event that any litigation should arise concerning the constructionor interpretation of any of the terms of this Agreement, the venue of such action shall be in thecoufts of the State of Washington in and for the County of Clallam. This Agreement shall begoverned by the law of the State of Washington.
16. Withholding Payment. In the event the County Project Manager determines that the Contractor hasfailed to perform any obligation under this Agreement within tl"e times set forth in this Agreement,then the County may withhold from amounts otherwise due and payable to Contractor the amountdetermined by the County as necessary to cure the default, until the County Project Managerdetermines that such failure to perform has been cured. Withholding under this clause shall not bedeemed a breach entitling Contractor to termination or damages, provided that the County promptlygives notice in writing to the Contractor of the nature of the d-efáult or failure to peform, ãnO ¡n ho'case more than ten (10) days after it determines to withhold amounts otherwise due, Adetermination of the County Project Manager set fofth in a notice to the Contractor of the actionrequired and/or the amount required to cure any alleged failure to perform shall be deemedconclusive, except to the extent that the Contractor acts within the times and in strict accord withthe provision of the Disputes clause of this Agreement. The County may act in accordance with anydetermination of the County Project Manager which has become conclusive under this clause,without prejudice to any other remedy under the Agreement, to take all or any of the following
ATTACHMENT C Page 3
18.
PERSONAL SERVICES AGREEM ENT ATTACHMENT C
t7
actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to chargethe same to the account of the Contractor, (3) to set off any amount paid or incurred from amouñtsdue or to become due the Contractor, In the event the Contractor obtains relief upon a claim underthe Disputes clause, no penalty or damages shall accrue to the Contractor by reasòn of good faithwithholding by the County under this clause.
Rights and Remedies. The duties and obligations imposed by this Agreement and the rights andremedies available hereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law,
Contractor Commitments, Warranties and Representations. Any written commitment received fromthe Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwisespecifically provided herein with reference to this paragraph, Failure of the Contractor to fulfill sucha commitment shall render the Contractor liable for damages to the County. A commitmentincludes, but is not limited to any representation made prior to execution of this Agreement, whetheror not incorporated elsewhere herein by reference, as to performance of services or equipment,prices or options for future acquisition to remain in efiect for a fìxed period, or warranties,
Patent/Copyright Infrinqement. Contractor will defend, indemnifu and save harmless County, itsappointed and elected officers, agents and employees from and against all loss or expense, includingbut not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs byreason of any and all claims and demands upon the County, its elected or appointed oflicials oremployees for damages because of the Contractor's alleged infringement on any patent or copyright.The Contractor will pay those costs and damages attributable to any such claims that are finaily -awarded against the County, its appointed and elected officers, agents and employees in any action.Such defense and payments are conditioned upon the following:
19.
That Contractor shall be notified promptly in writing by County of any notice of such
20
(b) Contractor shall have the right, hereunder, at its option and expense, to obtain for theCounty the right to continue using the information, in the event such claim of infringement, ismade, provided no reduction in performance or loss results to the County.
Disputes:
(a) General. Differences between the Contractor and the County, arising under and byviftue of the contract documents shall be brought to the attention of the County at theearliest possible time in order that such matters may be settled or other appropriate actionpromptly taken. The records, orders, rulings, instructions, and decision of the County ProjectManager shall be final and conclusive 30 days from the date of mailing unless the Contractormails or otherwise furnishes to the County Administrator a written notice of appeal, Thenotice of appeal shall include facts, law, and argument as to why the conclusions of theCounty Project Manager are in error.
In connection with any appeal under this clause, the Contractor and County shall havethe opportunity to submit written materials and argument and to offer documentary evidencein support of the appeal, Oral argument and live testimony will not be permitted. Thedecision of the County Administrator for the determination of such appeals shall be final andconclusive. Reviews of the appellate determination shall be brought in the Superior Court ofClallam County within 15 days of mailing of the written appellate determination, Pending finaldecision of the dispute, the Contractor shall proceed diligently with the peformance of thisAgreement and in accordance with the decision rendered,
(b) Notice of Potential Claims. The Contractor shall not be entitled to additionalcompensation or to extension of time for (1) any act or failure to act by the County ProjectManager or the County, or (2) the happening of any event or occrlrrence, unless the
(a)claim
ATTACHMENT C Page 4
PERSONAL SERVICES AGREEM ENT ATÏACHMENT C
2t.
Contractor has given the County a written Notice of Potential Claim within 10 days of thecommencement of the act, failure, or event giving rise to the claim, and before final paymentby the County. The written Notice of Potential Claim shall set forth the reasons for wh¡ðh theContractor believes additional compensation or extension of time is due, the nature of thecost involved, and insofar as possible, the amount of the potential claim. Contractor shallkeep full and complete daily records of the work performed, labor and material used, and allcosts and additional time claimed to be additional.
(c) Detailed Claim. The Contractor shall not be entitled to claim any such additionalcompensation, or extension of time, unless within 30 days of the accomplishment of theportion of the work from which the claim arose, and before flnal payment by the County, theContractor has given the County a detailed written statement of each element of cost or othercompensation requested and of all elements of additional time required, and copies of anysupporting documents evidencing the amount or the extension of time claimed to be due.
Qwnership of Items Produced. All writings/ programs, data, art worÇ music, maps, chafts, tables,illustrations, records or other written, graphic, analog or digital materials prepared by the Contractorand/or its consultants or subcontractors, in connection with the performance of this Agreement shallbe the sole and absolute property of the County and constitute 'iwork made for hire" as that phraseis used in federal and/or state intellectual property laws and Contractor andlor its agents shall haveno ownership or use rights in the work.
Recqverv of Payments to Contractor. The right of the Contractor to retain monies paid to it iscontingent upon satisfactory performance of this Agreement, including the satisfactory completion ofthe project described in the Scope of Work (Attachment A), In the event that the Contractór fails,for any reason/ to peform obligations required of it by this Agreement, the Contractor may, at theCounty Project Manager's sole discretion, be required to repay to the County all monies disbursed tothe Contractor for those p-arts of the project that are rendered worthless in the opinion of the CountyProject Manager by such failure to perform.
Interest shall accrue at the rate of 12 percent (l2o/o) per annum from the time the County ProjectManager demands repayment of funds,
?roject App¡:oval. The extent and character of all work and services to be performed under thisAgreement by the Contractor shall be subject to the review and approval ofthe County ProjectManager. For purposes of this Agreement, the County Project Manager is:
Name: Rich Sill
Ttle: County Administrator/HR Director
Address: 223 East 4th Street, Suite 16, Port Angeles, WA 98362
Telephone: 360.417.2242
E-mail: rsill@co,clallam.wa.us
Fax: 360.417.2550
In the event there is a dispute with regard to the extent and character of the work to be done, thedetermination of the County Project Manager as to the extent and character of the work to be'doneshall govern subject to the Contractor's right to appeal that decision as provided herein.
22.
23.
No legal services shall be performed by any employee or shareholder of the Contractor unless thatattorney has prevlously been appointed a Special Deputy Prosecuting Attorney by the Clallam CountyProsecuting Attorney.
ATTACHMENT C Page 5
PERSONAL SERVICES AGREEMENT AfiACHMENT D
SPECIAL TERMS AND CONDITIONS
1. RepoÉino. The Contractor shall submit written progress repoÉs to the County ProjectManager as set forth below:
n With each request for payment.
X Monthty.
n Quarterly.
n Semi-annually.
! Annually.
n Project completion.
n other (specify):
Progress reports shall include, at a minimum, the following:
Repgfts shall include any problems, delays or adverse conditions which will materially affectthe Contractor's ability to meet project objectives or time schedules together with a ðtatementof action taken or proposed to resolve the situation, Reports shall also includerecommendations for changes to the Scope of Work, if any. Payments may be withheld ifreports are not submitted.
2' Insurance. The Contractor shall maintain in full force and effect during the term of thisAgreement, and until final acceptance of the work, public liability and property damageinsurance with companies or through sources approved by the state insurancè commlssionerpursuant t9 RCW Title 48, as now or hereafter amended. The County, its appointed andelected officials, agents and employees, shall be specifically named a's additiónal insureds in apolicy with the same company which insures the Contractoi or by endorsement to an existingpolicy orwith a separate carrier approved pursuant to RCW Title 48, as now or hereafteramended, and the following coverages shall be provided:
X coMMERcIAL GENERAL UABILITY:
Bodily injury, including death 91,000,000 per occurrence
$2,000,000 aggregate
Property damage $1,000,000 per occurrence
$1,000,000 aggregate
X ERRORS AND OMISSIONS OT PROFESSIONALUABILITY with an Extended Reporting PeriodEndorsement (two year tail)
X WORKERSCoMPENSATIoN:
$1,000,000 per occurrence
Statutory amount
ATTACHMENT E Page 1
PERSONAL SERVICES AGREEM ENT ATTACHMENT D
n
X AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles
Bodily injury, liability, including death $1,000,000 per occurrence
$2,000,000 aggregate
Property damage liability $1,000,000 per occurrence
$2,000,000 aggregate
n BUSINESS AUToMoBILE UABILITv: 91,000,000 per occurrence
If the Errors and Omissions or Professional Liability insurance obtained is an occurrencepolicy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is notrequired.
Any such policy of insurance the Contractor is required to obtain and maintain pursuantto this Agreement shall be primary over any third party liability coverage provided to ClallamCounty by and through its membership in the Washington Counties Risk Pool or WCRP, Thethird party liability coverage provided by the WCRP to Clallam County shall be non-contributory with respect to any policy of insurance the Contractor is required to obtain andmaintain pursuant to this Agreement. The County shall have no obligation to repoftoccurrences unless a claim or lawsuit is filed with it and the County has no obligation to payany insurance premiums.
Evidence of primary insurance coverage shall be submitted to the County ProjectManager within 20 days of the execution of the Agreement. The Agreement shall be void abinitio if the proof of coverage is not timely supplied,
If the proof of insurance or certificate of coverage indicating the County is an"additional insured" to a poliry obtained by the Consultant in order to comply with thisagreement refers to an endorsement (by number, abbreviation or name) but does not providethe full text of that endorsement, then it shall be the obligation of the Consultant to obtain thefull text of that endorsement and forward that full text to the County within 30 days of theexecution of this Agreement,
The coverage limits identified herein shall not limit the potential liability of theContractor and the Contractor's duty to defend, indemnify, and hold harmless shall apply toany liability beyond the scope of insurance coverage.
3, Liquidated Damages. For delays in timely completion of the work to be done or missedmilestones of the work in progress, the Contractor shall be assessed Dollars (g )per day as liquidated damages and not as a penalty because the County finds it impractical tocalculate the actual cost of delays. Liquidated damages will not be assessed for any days forwhich an extension of time has been granted. No deduction or payment of liquidateddamages will, in any degree, release the Contractor from further obligations and liabilities tocomplete the entire project,
4. Other (specify):.tr
ATÏACHMENT E Page 2
PERSONAL SERVICES AGREEM ENT
SEBRIS BUSTO JAMESA professional service corporation
2020 Billing Rates
Jeffrey A, JamesM. Edward TaylorJillian BarronDarren A. FeiderMatthew W. LynchJennifer Parda-AldrichJason Rossiterïna M. AikenMatt KellyMariya KhilyukTran TinhTana DaughertyChristy Kirchmeier
(Must be submitted NLT 3PM Wednesday for next week agenda) t *'
fÞpaÊment: Prosecuting Attorneyt Office
WORK SESSION X neet¡ng Date:
REGUTAR AGEilDA X Ueet¡ng Date:
Required originals approved and attached? XW¡ll b€ provided on:
LzlL6l2Ot9
r2131120'9
Item summat1:n catl for Hearing x contracvAgreement/Mou - contract # 841.15.001 Amendment A
fl Resolution I Proclamation n Budget ltem
I Drat Ordinance n f¡natOrdinance n Otfrer
Documents exempt from public disclosure attached: !
Executive summaly:Amendment to the Personal Seruices Agreement with Friendship Diversion Services for the purpose ofproviding a superuised alternative to jaíl for ofFenders referred by the Prosecuting Attorney's Oilce.The amendment extends the peformance period to L2/3L12020. The current contract extensionexpires L2l3t/20t9. There are no changes to the original terms of the contract.
B.ulSetaV impact: (ts tnere a monetary ¡mpact? If so, are funds for this already allocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy att¿ched? fI
None
ReCOmmgndgd aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)
Approval and signature by the Board.
CounÇ Official signature & print name: Mark '\rl,-t* fl-J^PName of Employee/Stakeholder attending meeting : Christi Woinowckí
Relevant Departments: Prosecutino Office:\
Date submitted: p e *^,^bur \g , 7ø \1
* Work Session Meet¡ng - Submit 1 single sided/not stapled copy** Regular Meeting - submit 1 single sided/not stapled copy and originals (1 or 3 copies)Agenda ltem Summary - Friendship Ext for 2020
THIS AMENDMENT is entered into between CI-ALLAM:COUNTY, a political subdivision of the State ofWashington, (hereinafter called i'County" or "Clallam County") and'
NAMe: FRIENDSHIP DIVERSION SERVICES
Address: P¡O: Box 11215
Olympia, WA 98508
Phone No: 360-701-5492
(hereinafter called "Co¡tractor") and incorporates the followíng attachments into the agreement enteredinto on January 1, 20L5. -
This Amendment is comprised of:
X AmendmentA
Copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
This Amendment extends the current contract for one additional twelve month períod. All other provisionsand. conditions of the contract shall iemain in full force and effect throughout the duiat¡on oi tnjcõntrãct,Nothing. in this Amendment shall be construed as to change or amenà ãnv otñei ôióvËlón or condition ofthe contr¿ct
'llre term of this Amendment shall commence on the 1st day of January 2020 and shall, unless terminatedas provided elsewhere in the Agreement, end on tnJ¡rst aáv órGcè*'oer t02ö.*
IN wITNEss WHEREOF, the parties have executed this Agreement on this _ day of December 2019.
CONÏRACTOR CLÂLI.AM COUNTY BOARD OF COMMISSIONERS
Mark Ozias, ChairPrint name: Barhara E, Miller
Tjtle: Fvecrrfir¡e Direcfor.
Date: 2019
Originals: BOCCVendorInitiating Depaftment
THIS CONTRACT HAS BEEN APPROVED AS TOFORM BYTHE CI-ALI.AM COUNTY PROSECUNNGATTORNEY
ff onlotNAL'/'
PROFESSTONAL SERVICES CONTRACTBET\ryEEN CLALLAM COIINTY AND FRIENDSTilP
THIS AGREEMENT, made and entered into by and between Clallam County ProsecutingAftorney, having offices for the transaction of business at 223 East 4ft Street, Suite 1 1, Port Angeles,Washington98362, hereinafter referred to as "PROSECUTOR," and Friendship, having offices forthe transaction of business at 2626 12ú Ct. S'W, Suite 5, Olympia, Washington gS50t hereinafterreferred to as "CONTRACTOR," jointly hereinafter referred to as the "PARTIES."
\ilITNESSETH:
\ryHEREAS, pursuant to the provisions of RCW 36.27 .020 (4), the Prosecuting Attorney shallprosecute all criminal and civil actions in which the state or the county may be aparty, defending allsuits brought against the state or the county, and prosecuting actions upon forfeited recognizances andbonds and action for the recovery of debts, fines, penalties, and forfeitures accruing to the state or thecounty; and
WHEREAS, pursuant to the provisions of RCW 36.27.020 (13), the Prosecuting Attomeyshall seek to reform and improve the administration of criminal justice and stimulate efforts to remedyinadequacies or injustice in substantive or procedwal law; and
WHEREAS, the CONTRACTOR is in the business of providing a community superviseclalternative to expensive criminal justice processes for adult, nonviolent offenders;and
WHEREAS, the PROSECUTOR is desirous of contracting with the CONTRACTOR toprovide a community supervised altemative to expensive criminal justice processes for adult,nonviolent offenders.
NOW TIIEREFORE for and in consideration of the mutual promises set forth hereinafterr,the PARTIES do mutually agree as follows:
SECTION l: DURATION OF CONTRACT
The term of this Contract shall commence January 1,2015 and shall terminate December 31,2018.This Contract will atrtomatically renew by mutual agreement of both parties for additional one (l) yeartime frames subject to all terms and conditions set forth herein unless otherwise terminated by one orboth parties consistent with the procedwes set forth in Section No. 8 "Termination." In the event thatthis Contract is not renewed, the CONTRACTOR shall have the responsibility to continue to proviclcAdult Diversion and Monitoring Services for all defendants refened by the Court prior to termination.
SECTION 2: SERVICES PROVIDED BY TITE CONTRACTOR.
The CONTRACTOR shall provide Adult Diversion and Monitoring Services ("Services") for thePROSECUTOR. A detailed description of the Services to be performed by the CONTRACTOR is serforth in the Scope of 'Work, a copy of which is attached hereto and incorpo¡ated herein by thisreference. The number of referrals to the CONTRACTOR for Services shall be at the sole discretionof the PROSECUTOR.
Page I of7
The CONTRACTOR agrees to provide its own labor and materials in conjunction with providing suchServices. Unless otherwise provided for in the Contract, no material, labor, or facilities will befurnished bythe PROSECUTOR. CONTRACTOR further agïees to maintain an ofÍice within Clallamcounty as well as a local telephone in conjunction with providing services.
SECTION 3: PROSECUTOR'S OBLIGATIONS
In order to assist the CONTRACTOR in providing its Services under this Contract, thePROSECUTOR shall provide relevant information which is available and subject to disclosure underapplicable laws, and court rules as well as coordination with other Clallam County Departments orother Consultants as necessary.
oN 4: CONTRACT REPRESENTATIVES
Each Parry to this Contract shall have a contract representative. Each Parry may change itsrepresentative upon providing written notice to the other Parfy. The PARTIES' representatives are asfollows:
Contractor: Barbara E. Miller, DirectorP.O. Box 11215
--VOry^pra, Washington 985 08
Phone: 360357.8021Fax: 360.357.9149
Local Address:522F..8ú StreetPort Angeles,'Washington, 98362-58 1 0Local Phone: 360.417.2193
Prosecutor: Mark B. Nichols, Prosecuting Attorney223 E.4ú Street, Suite 11
Port Angeles, Washin glon 983 62Phone: 360.417.2590Fax:360.417.2469
SECTION 5: COMPENSATION
No payment shall be made by the PROSECUTOR to the CONTRACTOR for any Services providedby the CONTRACTOR under the terms of this Contract. The CONTRACTOR shall, however, retainany and all diversion and monitoring program fees received from clients as outlined in the Scope ofWork. The diversion program fee is determined by the CONTRACTOR after an interview with theclient. Diversion program fees may vary from $450.00 to $1,200.00 depending on the client'sresources. The CONTRACTOR shall provide the PROSECUTOR with notice in the event themaximum fee for services is increased above $1,200.00. CONTRACTOR shall not have the legalability to turn over to any collection agency for collection any diversion or monitoring fee not paid by aclient.
Page 2 of 7
i
SECTION 6: MODIFICATION
No modification or amendment of this Contract shall be valid until the same is reduced to writing andexecuted with the same formalities as this present Contract.
SECTION 7: HOLD HARMLESS AND INDEMNIFICATION
The CONTRACTOR shall defend, indemnit and hold harmless Clallam County, the PROSECUTOR,and its/their respective officers, elected officials, employees, deputies, agents, and attorneys from andagainst any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of anynature whatsoever, including costs and attorney's fees in the defense thereof, for injury, sickness,disabilþ or death to persons or damage to property or business, caused by or arising out of theCONTRACTOR'S and its respective employees, agents, volunteer's and/or subcontractor'i acts, efforsor omissions in providing services under the terms of this contract. PROVIDED, however, that theCONTRACTOR'S obligation hereunder shall not extend to injury, sickness, death or damage causedby or arising out of the sole negligence of the PROSECUTO& its officers, officials, employees,deputies, agents and/or attomeys. PROVIDED FURTHER, that in the event of the concunentnegligence of both parties, the CONTRACTOR'S obligations hereunder shall apply only to thepercentage of fault attributable to the CONTRACTOR, its employees, agents, or subcontractors.
The foregoing indemnity is specifically intended to constitute a waiver of each party's immunityunder Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, andonly to the extent necessary to provide the indemnified party with a full and complete indemnity ofclaims made by the indemnitor's employees. The PARTIES acknowledge that these provisionswere specifically negotiated and agreed upon by them.
The CONTRACTOR'S obligations hereunder shall include, but are not limited to, investigating,adjusting and defending any and all claims alleging loss from action, effor or omission, or breach ofany common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR'Semployees, agents or subcontractors.
SECTION 8: TERMINATION
The PROSECUTOR may terminate this Contact for breach of any provision hereof by theCONTRACTOR upon thirry (30) days written notice to the CONTRACTOR. The written notice shallbe sent to the address of the CONTRACTOR set forth herein above and shall speciff the specificprovision(s) breached. In the event the CONTRACTOR cures the provision(s) breached within thethirry (30) day time frame, to the sole satisfaction of the PROSECUTOR, the termination notice shallbe of no force and effect. In addition to the above, the PROSECUTOR may terminate this contract inwhole or in part whenever the PROSECUTOR determines, in its sole discretion, that such terminationis in the interests of the County and/or the PROSECUTOR. 'Whenever
the contact is terminated inaccordance with this parugraph, the CONTRACTOR shall be entitled to payment for actual workperformed for completed items of work. An equitable adjustnent in the contract price for partiallycompleted items of work will be made, but such adjustment shall not include provision foi loss ofanticipated profit on deleted or uncompleted work. Termination of this contract by thePROSECUTOR at any time, whether for default or convenience, shall not constitute a breach ofcontract by the PROSECUTOR.
Page 3 of 7
IThe CONTRACTOR may terminate this Contract for breach of any provision thereof byPROSECUTOR upon thirty (30) days written notice to the PROSECUTOR. The written notice shallbe sent to the address of the PROSECUTOR set forth herein above and speci$ the specificprovision(s) breached. In the event the PROSECUTOR cures the provision(s) breached within thethirry (30) day time frame, to the sole satisfaction of the CONTRACTOR, the termination notice shallbe of no force and efflect.
In the event of termination by either party, the CONTRACTOR agrces to immediately turn over to thePROSECUTOR at his/trer written request all records of any kind or nature which it has kept inproviding services under the terms of this Contract.
SECTION 9: ASSIGI\MENT, DELEGATION, AND SUBCONTRACTING
The CONTRACTOR shall perform the terms of this contract using only its bona fide employees;volunteers or agents, and the obligations and duties of the CONTRACTOR under this contract shall notbe assigned, delegated, or subcontracted to any other person or firm without the prior express writtenconsent of the PROSECUTOR. The CONTRACTOR shall perform a background check on all of itsemployees or volunteers performing any services under this contract.
Any subcontractor shall be bound to all the same terms and conditions as the CONTRACTORincluding, but not limited to, the duties to defend, indemnifi' and hold harmless the pROSECUTORand Clallam County, the obligation to carry insurance with Clallam County named as an additionalinsured, and the requirement to conduct background checks on employees and volunteers.
oN 10 : INDEPENDENT CONTRACTOR
The CONTRACTOR'S services shall be furnished by the CONTRACTOR as an independentcontractor and not as an agent, employee or servant of the PROSECUTOR. The CONTRACTORspecifically has the right to direct and control CONTRACTOR'S own activities in providing the agreedservices in accordance with the specifications set out in this Conüact.
The CONTRACTOR acknowledges that the entire compensation for this contract is set forlfr in Section5 of this contract, and the CONTRACTOR and the CONTRACTOR'S employees, officers and agentsare not entitled to any Clallam County or PROSECUTOR benefits, including, but not limited tovacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits,or any other rights or privileges afforded to Clallarn County or PROSECUTOR employees.
The CONTRACTOR shall have and maintain complete responsibility and control over all of itssubcontractors, employees, agents, and representatives. No subcontractor, employee, agent, orrepresentative of the CONTRACTOR shall be or deem to be or act or purport to act as an employee,agent, or representative of the PROSECUTOR.
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, federalor state legislation which is now or may during the term of this contract be enacted as to all personsemployed 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 assumeexclusive liability therefore, and meet all requirements hereunder ptrsuant to any rules or regulations.
Page 4 of 7
l
The CONTRACTOR agrees to immediately remove any of its employees, volunteers, or agents fromassignment to perform services under this contract upon receipt of a written request to do so from thePROSECUTOR' S contract representative or designee.
SECTION 1r: COMPLIANCE \ryITH LAWS
The CONTRACTOR shall comply with atl applicable federal, state and local laws, rules andregulations in performing this contract.
SECTION 12: INSPECTION OF BOOKS AND RECORDS
The PROSECUTOR may, at reasonable times, inspect the books and records of the CONTRACTORrelating to the performance of this contract. The CONTRACTOR shall keep all records required bythis contract for five (5) years after termination of this contract for audit purposes.
SECTION 13: NOI\DISCRIMINATION
The CONTRACTOR agrees that it shall not discriminate against any person on the grounds of race,creed, color, religion, national origin, sex, age, marital status, political afüliation or belief, or thepresence of any sensory, mental or physical handicap in violation of any applicable federal, state, orcounty law or regulation. In the event the CONTRACTOR violates this provision, the PROSECUTORmay immediately terminate this contract.
SECTION 14: CHOICE OF LAW, JURISDICTION, VENUE, AND ATTORNEY'S FEES
This Contract has been and shatl be construed as having been made and delivered within the State ofV/ashington, and it is agreed by both Parties that this Contract shall be governed by the laws of theState of V/ashington, both as to its interpretation and performance,
Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be institutedand maintained only in any court of competentjurisdiction in Clallam County, Washington.
If the PROSECUTOR brings any action or suit relating to the enforcement of this contract or asking forany relief against the CONTRACTOR, declaratory or otherwise, arising out of this contract, or ifCONTRACTOR brings any action or suit relating to the enforcement of this contract, or asking for anyrelief against the PROSECUTOR, declaratory or otherwise, arising out of this contract, then theprevailing parff shall be paid reasonable attomey's fees and costs and expenses expended or incurredin connection with arty such suit or action.
SECTION 15: INSURANCE
The CONTRACTOR shall carry, for the duration of this contract, errors and omissions insurance inan amount of not less than I million dollars ($1,000,000). Such policy shall provide that it will notbe canceled, materially changed, or rene\¡red without thirty (30) days written notice prior thereto tothe PROSECUTOR. Such policy shall be issued by an insurance company licensed to do businessin the State of Washington and having a Best rating of ooA." Coverage format for such insurancepolicy must receive prior approval of the Clallam County Risk Manager. Prior to providing
Page 5 of 7
services under this CONTRACT, CONTRACTOR shall provide a certificate of insuranceevidencing such coverage and identifuing the PROSECUTOR as well as Clallam County as expressthird party beneficiaries (additional insureds) to the Clallam County Risk Manager.
The CONTRACTOR shall also procure from a surety company authorized to do business in theState of Washington a surety bond (dishonest bond) in the amount of no less than two thousand fivehundred dollars ($2,500.00) covering all of its employees which bond shall indemniff thePROSECUTOR and Clallam County as well as all their respective officials and employees onaccount of any losses sustained by reason of the failure of the CONTRACTOR or its employees tofaithfully and honestly remit restitution funds coming into its/their hands under the terms of thisContract which are owed to victims. The bond shall be conditioned so that cancellation will only beeffective thirty (30) days after written notice has been given to both parties. The CONTRACTORshall provide the Clallam County Risk Manager with a copy of the surety bond (dishonest bond)prior to providing any services under this contract. In the event that the surety bond (dishonestbond) has as a condition precedent the requirement that the employee be tried and convicted by acourt of proper jurisdiction of the fraudulent or dishonest act giving rise to the loss of money orproperty, the CONTRACTOR agrees to assume such liability without the necessity of any chargesbeing filed, or any trial, or any conviction by a court of such fraudulent or dishonest act.
Additionally, the CONTRACTOR shall provide to the Clallam County Risk Manager evidence thatall of its employees are covered by industrial insurance under Title 5l RCw.
SECTION 16: SEVERABILITY
If a court of competent jurisdiction holds any part, term or provision of this contract to be illegal, orinvalid in whole or in part, the validity of the remaining provisions shall not be affected, and theparties' rights and obligations shall be construed and enforced as if the contract did not contain theparticular provision held to be invalid. To that end, the provisions of this contract are deemed to beseverable.
SECTION 17: IIEADINGS
The section headings in this contract have been inserted solely for the purpose of convenience andready reference. In no way do they purport to, nor shall they be deemed to, define, limit or extend thescope or intent of the sections to which they appertain.
SECTION 18: NOTICES.
All notices called for or provided for in this contract shall be in writing and must be served on any ofthe PARTIES either personally or by certified mail, retum receipt requested, sent to the PARTIES attheir respective addresses herein above given. Notices sent by certified mail shall be deemed servedwhen deposited in the United States mail, postage prepaid.
SECTION 19: OTIIER EMPLOYMENT
This contract is not an exclusive services agreement. The CONTRACTOR may take on otherprofessional assignments while completing those services set forth herein.
Page 6 of7
SECTION 20: WAIVER.
No officer, employee, agent or otherwise of the PROSECUTOR has the power, right or authorify towaive any of the conditions or provisions to this contract. No waiver of any breach of this contractshall be held to be a waiver of any other or subsequent breach. All remedies afflorded in this contract orat law shall be taken and construed as cumulative, that is, in addition to every other remedy providedherein or by law. Failure of the PROSECUTOR to enforce at any time any of the provisions of thiscontract or to require at any time performance by the CONTRACTOR of any provision hereof shall inno way be construed to be a waiver of such provisions, nor in any way affect the validity of thiscontract or any part hereof, or the right of the PROSECUTOR to hereafter enforce each and every suchprovision.
SECTION 21: ENTIRE AGREEMENT
The Parties agree that this contract is the complete expression of its terms and conditions. Any oral orwritten representations or understandings not incoqporated in this contract are specifically excluded.
IN WITNESS WHEREOF, the PARTIES have caused this contract to be executed on dateand year opposite their respective signatures.
CLALLAM COTINTY PROSECUTING ATTORNEY
By )'7L/ 1T,r DATED st2015
MARK B. NICHOLS, Prosecuting Attomey
FRIENDSHIP:
By *{* Çwr- f*".-C:r^ DATED \r' q""'i ,2015
Its: 3-U r-*,, L. -t q*;* v e-a.\-r-.J
(Title)
BO OF COLTNTY COMMISSIONERS
By: DATED û.{¿.nl¿arrtl 2015
lue(haìr Uutc EL C. C /+fir,t{,+Ll )
\
I
PageT of7
FRIENDSHIP DIVERSION SERVICES
SCOPE OF WORK
January 1,2015 through December 31r 2018
GOAL: Provide the community a supervised alternative to expensive criminal justice processesfor adult, nonviolent offenders referred by the County Prosecutor's Office or the Court andsupervision for misdemeanor and felony convictions in district andlor superior court that areineligible for State Department of Corrections supervision.
Friendship supervises individuals referred from the Prosecutor and the courts to assure theycomply with conditions established by the program or court, either post-charge defendants,persons in pre-charge status, or convicted defendants who have conditions of sentenceestablished by the courts but are ineligible for state supervision. These conditions includepayment of victim restitution, payment of a supervision fee, community service, monitoringcompliance with treatment programs and other conditions as may be established by the courtand/or at the intake of each individual. Upon completion of pre- or post-charge diversionprogram, defendants will not have a criminal conviction, which would impede their future.Defendants who have been referred to Friendship after conviction will continue to have aconviction on their record after completion of their program.
OBJECTIVES:
1) Implementation of individualized service plans for all referrals for the periodthrough December 31,2018, renewable by agreement of the parties.
2) Compile and submit required program reports/data.
3) Monitor defendant's program compliance including completion of assignedcommunity service hours, payment of victim restitution and supervision feeas well as other assigned conditions.
4) Cost Recovery: payment plans are established at enrollment so that monthlypayments apply to each financial obligation. Priority of payments are: (a)victim restitution, (b) court fees, and (c) client participation fee.
Pre- and post-charge defendants are referred from the Court system by agreement of the CountyProsecuting Attorney's Office. Post conviction defendants are referred by the courts forsupervision of conditions of sentence. Defendants are provided with instructions to contactFriendship by a designated date. Case file information is transmitted to Friendship from theProsecutor's Office.
Supervision of diversion and post-conviction clients is usually for one to two years for districtand superior court cases; however, some cases may be established for shorter or longer periods,
depending upon the amount of victim restitution, the charge of conviction, and the client's abilityto pay.
NEEDS STATEMENT:
By referring selected cases to Friendship that have historically been found to be manageable andsuccessful, the Prosecutor's office saves substantial time and dollars which it can use in thepursuit of more serious offenders within our community. Defendants who remain in thecommunity on diversion, paying restitution to their victims, paying a supervision fee to supportFriendship and reduce criminal justice costs and provide volunteer services to commlnityagencies enhances the benefits of this program.
Likewise, the referral of convicted offenders for supervision who would otherwise be ineligiblefor state-monitored supervision increases the likelihood that offenders comply with requirernentsof their sentence such as completion of community service, treatment, etc., thereby ènhancingcommunity safety.
Pre- and Post-charge Diversion Intake:
Referral:
Pre-Charge:
Persons in pre charge status will be informed of their ability to consult with counsel. For thosewho wish to proceed before or after consultation, specific expectations with be set forthdependent upon the allegations and, on completion, a frnal completion report will issue to theprosecutor's offlrce. The agreement established at Friendship will mirror the expectations in theagreement offered by the Prosecutor and agreed to by counsel. This agreement also sets forth theexpectations that will include coÍrmunity service, specific completion of a sanction related to thecharge, ie, MIP will complete an ADIS program, Theft will complete a Theft Awareness class,etc. The individual will be charged a fee of from $300.00 to $600.00 depending on the length ofsupervision plus a $50.00 workshop fee if required.
Post-Charge:
. Completion of program intake with client.r Explanation of program pu{pose, expectations and conditions with program
requirements.o Review of Court documents.o Completion of client Release of Confidentiality Form.o Gathering of client information and assessment of client needs.
Defendant Agreement and Program Conditions:
A written individualized program contract is prepared by Friendship staff in writing and a copy isprovided to the defendant, as well as to the prosecutor's office and defense counsel.
Standard Conditions:
1. Report twice each month. In most cases frequency and method of reporting is as follows:
a) First Quarter - Report twice each month in person on an agreed day.
b) Second Quarter - Report twice one time in person and once by telephone, both asscheduled with staff.
c) Third Quarter - Report twice per month by telephone on an agreed day.
d) Fourth Quarter - Report once a month by telephone or email as scheduled.
2. Complete assigned community service hours at approved nonprofit community agency,school, government office (Maximum :120 hours).
3. Pay Superior Court diversion program fee of $1200.00 to $850.00 depending on incomeverification and District Court diversion fee of from $750.00 to $600.00 depending on incomeverification. It should lbe noted any DUI or DV referral will be charged STSO.OO without anyreduction due to the additional work requirements of Friendship staff. Any second orsubsequent year will be charged at one-half the original fee. The progr¿rm fee is dðtermined byFriendship staff after the defendant intake and financial review.
4. Pay assigned victim restitution (pursuant to monthly payment plan) by money order onlysubmitted through Friendship. Qllote: In some cases restitution may not be resolved at thetime the defendant signs the contract. In the event the defendant disagrees with the amountof restitution, the decision will be referred to the prosecutor's office for resolution.
5. Report within at least 24 hours any arrests, citations and/or changes in address,phone, employment, and marital status.
6. Pay the court filing fee by delivering a money order or other acceptable payment toFriendship made payable to the County Clerk.
7 Defendant is not allowed to leave the State without permission.
8. Obey all Federal, State and local laws.
9. Not own, possess, use and/or sell any controlled substances, or any illegal drugs.
10 Modification of initial terms would occur with permission of the prosecutor if thedefendant needs a longer period of time in which to complete payment of restitution orfees; or in the event restitution is established after the original contract is signed requiringmore time. Other modifications would occur only as a result of defendant's failure tocomply and subsequent reinstatement through the Prosecutor's office with consent of
defense counsel.
Counseling:
Referral for private counseling services will only occur when the client is able to afford same, or ifspecific services arc available in the community at little or no cost. Program staff will work withdefendants to resolve problems and address solutions throughout the course of the program.
Non/Compliance/Reinstatement:
Non-compliance and referral back to the prosecutor's office will occur as follows:
Defendants are notified in writing of their non-compliance. Barring a reasonable and timelyexplanation from the defendant regarding non compliance, the matter will be referred in writing back tothe prosecutor's office for disposition. Defendants may be reinstated at the discretion of theprosecutor's office. In the event of termination, the victim is also notified.
Program Completions:
Upon successful completion of the diversion program, program staff submit a completion letter to theProsecuting Attomey recommending dismissal or amendment of the charge with copies to the clientand the client's attomey.
Referral Proiections:
This program has the capability to serve over 300 referrals per year. However, the actual number ofreferrals is at the discretion of the Prosecutor's office.
Community Service W-ork Program
Intake:
An initial intake will be scheduled with the defendant upon receipt of the referral or Court Order.The primary purpose of the intake will be to ascertain the skills änd availabitiw of tnãd.î."¿u"ito participate in community service work. A financial assessment may occur."althoush the feespaid.by the defendants for this supervision are flrxed. A payment-plan would bã availableprovtdtng the payments are completed prior to completion ofthe prosrâm. Friendshio DiversionProgram reserves the right to refuse monitoring of any defendant bthérwise eligible in their soledisc'retion.
Orientation and Assignment:
Program coordinator discusses with all participants assigned to perform communitv service workguidelines in terms of their accountábility-to the síte, as well as attitude and behavioralexpectations.
The program coordinator will maintain a current list of sovernmental and non-orofitorganizations that are wi.lling to provide work and active supervisiõn of the defendants. Thìs listwtll tnclude exclusions the work site requires in terms of críminal historv or other considerations.From this list and in consultation with^the defendant, each defendant ðan choõse t óoinmunity
service site that fits their abilities. The defendant will be provided names. addresses. ohonenumbers to contact site supervisors and a schedule of the days and hours thêy are expécied towork.
Accountability:
Each defendant will be provided a time sheet that will be turned in at a desisnated time showinsthe da.ys and hours worked, signed off on by the work site supervisor. In ãddition the prograrñcoordihator will have personaliontact with the supervisor to ensure a successful placemeht. "
Reportine:
Failure on the p-art-of the defendant to maintain their schedule or, in any manner, be unsuccessfulin completine
-the hours required, will be reported immediatelv io thetourt. Sheriff. orosecutor
and defense õounsel. Friendship staff will ôrovide a completi'on reoort to tÉe Court- brosecutorand defense counsel setting forth the comþleted hours aird locatión of service prorâded. Allreport forms will be agreedïo by the parties.
Fees:
Defendants will be charged a supervision fee by Friendship Diversion Services as follows:
051
10120t
50 hours100 hours200 hours500 hours
$ 25.00$ s0.00$100.00$200.00
Post Conviction Monitorins
In Superior Court, cases subject to post conviction compliance monitoring include felonies, grossmisdemeanors, and misdemeanors not subject to community custody or otherwise monitored bythe State Department of Corrections. Sex and violent offenses are specifically excluded and willnot be monitored. Friendship Diversion Program reserves the right to refuse monitoring of anydefendant otherwise eligible in their sole discretion.
Referral:
The referring court provides Friendship Diversion with a copy of the Judgment and Sentencewith an Order for Compliance Monitoring. The defendant is ordered to contact the office within3 business days. Friendship staff will enter the case into its internal database with a tracking duedate to insure the defendant has scheduled their intake appointment. If two weeks has lapsedwithout contact from the defendant the Court will be notified with copies of notification to thedefense attomey deputy prosecutor.
Once a defendant has contacted the office to schedule an intake appointment, statisticalinformation is gathered and added to the database and an appointment scheduled.
Intake:
During the intake appointment, the defendant will review with the case manager therequirements outlined in the Judgment and Sentence. Timelines will be established for thedefendant to return with proof of compliance of requirements (1.e. drug/alcohol evaluationappointment). The defendant is further advised of the reporting schedule, fee payments, andconsequences for failing to comply with the order of the court.
Program:
Each defendant will report initially based on the requirements they have been ordered. Contactwith Friendship staff initially may be frequent to allow the defendant time to establish deadlines,with the goal of monthly in person reporting once requirements have been established.
As requirements are met notifications will be sent to the Court and appropriate parties. NonCompliance issues will be directed to parties immediately, including aîy steps taken by staffandlor defendant to remedy non compliance.
Legal Financial Obligations will continue to be monitored through the pay or appear programunless the Court directs Friendship staff to monitor those obligations.
Judgment and Sentences that include referrals to other programs in Friendship Diversion Services will beconsidered for combined fees for the cost of those programs, in regards to community service worksupervision fees and compliance monitoring fees. Electronic Home Monitoring and/or VICAP alcoholmonitoring fees will not be reduced with participation in other service areas.
Fees:
Defendants will be assessed monitoring fees of $50.00 for intake and $50.00 per month, and supervisionwill close upon completion of court ordered requirements or as outlined in the Judgment and Sentence.
Internal Fiscal Controls:
Friendship's books and records are reviewed at least annually by a certified public accountant.
DATE (MM/DD/YYYY)
8/28/2019TFIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS i¡o RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICA TE DOES NOT AFFIRMA TIVEL Y OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVER.AGE AFFORDED BY TH POLtCtESBELOW. THIS CERTIFICA TE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSU RER(S), AUTHORIZEDREPRESENTA TIVE OR PRODUCER, AN D THE CERTIFICATE HOLDER.IM certificate the must havelf SUBROGATION IS WAIVED, subject fo the terms and
or becondítions of the policy, certain policíes may requtre endorsement. A statement onth rs certificate does not confer to the certifícate holder tn lieu of such
AFFORDING COVERAGE NAIC #wA 98335 INSURER A: UNDERÏYRITERS AT LLOYDS LONDON 298'.1INSURED
Friendship Diversion Services
& BRKMANAGMENT2415 Evergreen Park Drive SW
OLYMPIA wA 98502
INSURER B
INSURER C
INSURER D:
INSURER E
F
CERTIFICATE OF LIABILITY INSURANCE
TE REVISION ER:THAT
RTIFICATE MAY
MAY
TH tsù THE LI HAVE TO THE ABOVE PPOLICYICATEDIN D ANYNOTW|THSTANDING REQUIREMENT TERM OR ITIONCOND ANYOF ORCONTRACT DOCUOTHER WITHMENT ESPECTR CHTO WHI tsTHCE BE EDlssu MAOR P THEERTAIN, INSURANCE AFFORDE BYD POLICIESTHE EDDESCRIB NHEREI SUBJECTtù ALLTO THE TERMS,LUSIONSEXC DAN OFCONDITIONS POLtCtES.SUCH L¡MITS SHO\¡/VN BEENHAVE BYREDUCED PAID CLAIMS.TYPE OF INSURANCÊ POLICY NUMBER LIMITS
EACH OCCURRENCE $ 1,000,000
1 00,000$
MED EXP one $ 1,000
PERSONAL & ADV INJURY i,000,000$
GËNERAL AGGREGAIE ö 2,000,000
PRODUCTS - COMP/OP AGG $
A
COMMERCIAL GËNERAL LIABILITY
.LA'M.-MADE lXlo""r*
GEN'L AGGREGATE LIMIT APPLIES PER:f--- PRo-I lJEcr I I LOCPOLICY
OTHER:
cJ 1009719 07/01/2019 07/0t/2020
SEXUAL MISCOND 1,000,000$
i,000,000$
BODILY INJURY (Per person) $
BODILY INJURY (Per acc¡dent) $
$
A
AUTOMOBILE LIABILITY
ANY AUTO
or¡/t!EDAUTOS ONLYHIREÐAUTOS ONLY
SCHEDULEDAUTOSNON-OWNEÐAUTOS ONLY
cJ 1009719 07/01/2019 07/01/2020
$
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIABOCCUR
CLAIMS.MADEAGGREGATE $
DED RETENTION $$
WA STOP GAP
E.L. EACH ACCIDÊNT 1,000,000$
E,L. DISEASE - EA EMPLOYEE $ 1,000,000
ANH)underOF OPERATIONS below
EMPLOYERS' LIABILITY Y/N
inN/A cI 1009719 07/0t/2019 07lot/2020
E.L. DISEASE - POLICY LIMIT 1,000,000$
APROFESSIONAI &EMPLY PRACTICE LIABILITY cJ 1009719 07t01/2019 07/01/2020
OCCURRENCE
AGGREGATE
DEDUCTIBLE
1,000,000
2,000,000
5,000DESCRIPTION OF OPERATIONS / LOCATIONS (ACORD 10'1, Add¡tionat Remarks Schedule, may be attached ¡f more space ¡s required)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
Clallam County Commìssioners
ËR,{,\iK RüFRf4uFt
AUTHORIZED REPRESENTATIVE
@ 1988_2015 ACORDThe ACORD name and logo are reg¡stered marks of AGORDACORD 25 (2016/03)
CORPORATION. Ail rights reserved.
gôpJetAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Department: Public Works
woRK sEsslot x Fteet¡ng Date: t2lt6l2oLg
REGULARAcEilDA X Meet¡nsDate: 9ñ la-3 I-11Required originals approved and attached? XWill b€ provided on:
Item summaly:LJ Cattfor Hearing X Contract/Agreement/MOU - Contract # 402-19-003
SWMWRRED-1921-ClaCPW-00030
fl Resolution n Proclamation
n Oran Ordinance n F¡nal Ordinance
Documents exempt from public disclosure attached: n
n Budget ttem
X Otner Water Quality Funding Commitment
Executive summalyiThis is the Agreement for Signature for a Solid Waste Management Waste Reduction and RecyclingEducation Agreement from the Department of Ecology (Ecology) to Clallam County Public Work(PW). This grant provides $80,000 in funding for PW to develop a Contamination Reduction OutreachPlan in conjunction with their Solid Waste Management Plan update as required by RCW 70.95.090and to provide education, outreach and technical assistance to residents and businesses to reducerecycling contamination and reduce food waste. Grant funds these projects through June 2021.
Budgetafy impaCt: (Is tnere a monetary impact? If so, are funds for this already allocated or is a budget change necess ary? Ifth¡s is a contract and a budget change is necessary the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? n
2020 activities completed under this grant included in 2020 budget.
ReCOmmended aCtiOn: (Does the Board need to act? If so, what ¡s the department's recommendation?)
Please sign 3 copies and return to Public Works to for re
County Official signaturc & print name:
Name of Employee/ Stakeholder attending meeting: Meggan Uecker
Relevant lÞpaftments: Public
Date submitted =
12/ LL/ t9
x Work Session Meeting - Submit 1 single sided/not stapled** Regular Meeting - Submit 1 single sided/not stapled copycopy Agenda Item Summary*PW-SolidWaste_EcologyAgreementand originals (1 or 3 copies) Revised: 3-04-2019
Questions? Call Loni Gores, Clerk ofthe Board, eK 2256
Project Title
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than
Project Type:
DEPARTMENT OF
Contamination Reduction and Outreach Plan &Implementation
$100,000.00
$80,000.00
$60,000.00
$20,000.00
0910U2019
06/3012021
Solid Waste Education
ECOLOGY,+w-l"l -tr)w State of Washíngton
Agreement No. SWMWRRED-I 921-ClaCPW-00030
SOLID WASTE MANAGEMENT WASTE REDUCTION AND RECYCLING EDUC,{TION AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF'ECOLOGY
AND
CLALLAM COUNTY PUBLIC WORKS
This is a binding Agreement entered into by and between the state of Washington, Department of Ecolory, hereinafterreferred to as "ECOLOGY," and CLALLAM COLINTY PUBLIC WORKS, hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Proiect Short Description:
Clallam County Public V/orks will spend $80,000 to reduce residential and business recycling contamination, to reduce
food waste, to divert more edible food from disposal to feed people in need, and to complete a Contamination
Reduction Outreach Plan (CROP) as required by RCW 70.95.090 to include in their Comprehensive Solid Vy'aste
Management Plan (CSWMP).
Project Long Description:
This project includes three primary tasks:
l.Recycling Contamination Reduction: RECIPIENT will conduct a county-wide campaign to reduce residential and
business recycling contamination. Clallam County and City of Sequim collection and self-haul customers currentlyreceive liftle to no direct instruction on what to recycle and how to prepare it. This project will prepare mailers for these
system participants using design elements produced for the statewide Recycle Right campaign. In addition, project
State of Washington Deparftnent of Ecology
Agreement No: SWMWRRED-l921-CIaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
partners would use other outreach tools such as truck magnets, recycling bin labels and website/app development tocoordinate a unified campaign on recycling with clear messaging tailored to reach the County's diverse communities in away that is consistent with the state's campaign. As part of its outreach to businesses, RECIPIENT will work to source
clean Old Comrgated Containers (OCC) for the retooled McKinley paper mill that will be opening in late 2019 tomanufacture new cardboard boxes from OCC. RECIPIENT will gather data on the impact of sourcing local OCC forthe McKinley mill on greenhouse gas emissions and on the local economy.
2. Food Recovery and Food Waste Reduction: RECIPIENT will conduct food waste audits and food recovery
programs at four local schools. This will include a pilot milk dispenser project at Sequim Middle School to reduce milkwaste and milk packaging waste. As part of this project, RECIPIENT will partner with participating schools to reduce
food waste and recover surplus edible food to feed people in need.
3. Contamination Outreach Reduction Plan: RECIPIENT will complete a CROP as required under RCW 70.95.090(10) to be included in the update to its CSWMP. The CROP will be fully integrated into the County's updated CSWMPand will be aligned with the State CROP and ECOLOGY's Recycle Right campaign.
The work on this project is intended to supplement work funded by ECOLOGY's Local Solid Waste Financial
Assistance (LSWFA) grant program under LSWFA agreement 2Aß_CIaCPW_069.
Overall Goal:
The primary goals of this funding proposal are:
. Reduce residential and business recycling contamination through a county-wide educational and outreach campaign.
. Reduce food waste and recover more surplus edible food to feed people in need.
. Complete a CROP as required by RCW 70.95.090 to include in Clallam County's CSWMP
Page 2 of 26
Template Version I 0/30/20 1 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-I921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLINTY PUBLIC WORKS
ECOLOGY INFORMATION
Mailing Address Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Physical Address Solid Waste Management
300 Desmond Drive SE
Lacey, W498503
Gontacts
Page 5 of26
ProjectManager
Peter Guttchen
PO Box 47775
Olympia, Washington 98504-7 7 7 5
Email: PGUT 461 @ecy.wa.govPhone: (360) 407-6612
FinancialManager
Peter Guttchen
PO Box 47775
Olympia, Washington 98504-7 7 7 5
Email: PGUT46I @ecy.wa.govPhone: (360) 407-6612
Template Version 10/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COTINTY PUBLIC WORKS
Page 6 of26
AUTHORIZING SIGNATURES
RECIPIENT agrees to fumish the necessary personnel, equipment, materials, services, and otherwise do all things necessaryfor or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditionsof this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or representationsother than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed byauthorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGy andRECIPIENT may change their respective staffcontacts without the concurrence of either parry.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until soapproved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respectiveorganizations to this Agreement.
Washington State
Department of Ecology
By
CLALLAM COTINTY PUBLIC WORKS
By; Board of Clallam CounW Commissioners
Laurie Davies
Solid Waste Management
Program Manager
Template Approved to Form byAttomey General's Office
Date Mark Ozias
Commissioner
Date
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Pagel of26
SCOPE OF WORK
Task Number Task Cost: S1,700.00
Task Title Proj ect Administration
Task Description:
A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project
records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient
closeout report; submittal of required performance items; and compliance with applicable procurement and contracting
requirements.
B. The RECIPIENT will, along with each request for reimbursement, prepare and submit a progress report to ECOLOGY'sproject manager through Ecology's Administration of Grants and Loans (EAGL) online grant management system. The reports
shall include, at a minimum, the following information:
1. A comparison of actual accomplishments to the objectives established for the reporting period.
2. The reasons for any delays ifthe project does not meet established objectives.
3. Plan and schedule of activities for the upcoming two months.
4. Analysis and explanations of any cost overruns.
5. Any additional pertinent information.
C. The RECIPIENT will submit a Recipient Closeout Report encompassing the entire project with their last payment request
The RECIPIENT shall submit the final payment request and Recipient Closeout Report within 30 days of the Agreement
expiration date.
D. The RECIPIENT must manage and carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant administration requirements
Task Expected Outcome:
l. Timely and complete submiual of requests for reimbursement, quarterly progress reports and recipient closeout report.
2. Properly maintained proj ect documentation.
Template Version 10/30/20 I 5
State of Washington Departnìent of Ecology
Agreement No: SWMWRRED-l921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Recipient Task Coordinator: Meggan Uecker
Project Administration
Deliverables
Page 8 of26
Number Description Due Date
1.1 Payment Request/Progress Report 1013012019
1.2 Payment Request/Pro$ess Report 0y3012020
1.3 Payment RequestÆrogress Report 0413012020
1.4 Payment Request/Progress Report 0713012020
1.5 Payment RequeslProgress Report 1013012020
'1.6 Payment RequeslProgress Report 0113012021
1.7 Payment Request/Progress Report 0413012021
1.8 Final Quarterly Payment Request/Progress Report 0713012021
1.9 Final Recipient Closeout Report 0713012021
Template Version I 0/30/20 1 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page9 of26
SCOPE OF WORK
Task Number: 2 Task Cost: 541,100.00
Task Title Contamination Reduction lmplementation
Task Description:
RECIPIENT staffwill provide information on best recycling practices for residents and businesses in Clallam County in order
to decrease recycling contamination, to reduce costs,and to increase the value of materials collected for recycling to local
haulers and mills.
Work to be done:. Develop and distribute materials to residents and businesses on how to recycle right in order to reduce recyclingcontamination. The campaign will use eco-friendly materials for durable signage for businesses and households to place on theirindoor recycling bins that will incorporate information about local recycling industries to inspire participation.
. Develop an improved web page to promote clear and unifìed recycling information for all county residents.
. Develop and implement a community-wide information campaign that's consistent with the statewide Recycle Right campaign
while sharing county-specific recycling resources and requirements.
. Coordinate countywide business recycling outreach with a focus on Old Comrgated Containers (OCC). OCC is recycled at
paper mills on the Olympic Peninsula that employ hundreds of local residents. This work would model best recycling practices
for businesses to reduce contamination while promoting the economic and environmental benefits of recycling right. This workwill include gathering and analyzing data on the impact of local OCC recycling on greenhouse gas emissions and the local
economy.
REC IPIENT will gather, analyze, and share the followin g data to measure the impact of the work done under this Task :
For the residential outreach campaign:
'Number of residents receiving outreach items (flyers, cart stickers, etc.) targeting City of Sequim, unincorporated County and
selÊhaul customers.. Number of residents reached via news and social media with additional campaign efforts.. Pre- and post-campaign self-reported understanding of best recycling practices. This will include data gathered by the City ofSequim using a public polling system called Pollo to gauge how well their residents understand best recycling practices both
before and after distributing local recycling educational materials.
For the business outreach campaign:. Number of tons of OCC recycled in Clallam County by local businesses/organizations.. Estimate of OCC disposed in Clallam County by local businesses/organizations.. Tons of OCC diverted for recycling to local mills from disposal.. Tons of OCC diverted for recycling to local mills from recycling outside of the county.. Estimated greenhouse gas emissions impacts associated with sourcing OCC locally for local paper rnills.. Number of businesses/organizations receiving direct outreach through the outreach campaign.
' Number of businesses/organizations participating in increased recycling as a result of the campaign.
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page l0 of26
' Pre- and post-campaign surveys to gauge the level ofunderstanding ofbest recycling practices by businesses.
RECIPIENT's communication documents and materials paid for with the task budget must be pre-approved by ECOLOGYas outlined in General Terms and Conditions 19. PRESENTATION AND PROMOTIONAL MATERIALS in this Agreement.
The work done under this Task is intended to supplement work funded by ECOLOGY's Local Solid Waste FinancialAssistance (LSWFA) grant program under LSWFA agreement 2019_ClaCPW_069. No costs incurred under LSWFA2019_ClaCPV/_069 are eligible for reimbursement under this Agreement.
Task Goal Statement:
The goals of this task are to reduce residential and business recycling contamination and to increase the value of the materialscollected for recycling in Clallam County.
Task Expected Outcome:
By June 30,2021, the RECIPIENT expects to reduce overall residential and business recycling contamination to 10% belowthe levels measured by recycling audits conducted in the first half of 2019. Reducing contamination is expected to increase thevalue of the material collected for recycling to local haulers and mills.
Recipient Task Coordinator: Meggan Uecker
Contamination Reduction Implementation
Deliverables
Number Description Due Date
2.1 A "What to Recycle" informational flyer for electronic and/or print distributionto educate residents and businesses on best recycling practices across ClallamCounty.
0313112020
2.2 A "Recycling Best Practices" web page dedicated to best recycling practices inClallam County.
03131t2020
2.3 Surveys to determine how well residents and businesses understand best
recycling practices.1213U2020
2.4 A report on the impacts of the outreach campaign on OCC recycling by
businesses including the change in the quantities of OCC diverted to localpaper mills and the impact of this diversion on greenhouse gas emissions and
the local economy.
03131t2021
2.5 Documentation of anecdotal reports from local haulers on perceived
contamination levels before, during and after the contamination reduction
campaign is implemented.
06130t2021
Template Version I 0/30/201 5
Stats of Washington Department of Ecology
Agreement No: SWMWRRED-I921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
RECIPIENT staff will implement food waste audits and food recovery programs at four local schools. This will include a pilotmilk dispenser project at the Sequim Middle School. RECIPIENT will provide technical assistance, promotional support, and
some supplies that may include reusable cups and dishwasher racks to ensure the smooth launch of this project.
RECIPIENT will gather and report the following dalato measure and document the impact of the work completed under this
Task.. Pre- and post-dispenser data on the waste reduction impacts of the milk dispenser pilot project at Sequim Middle School.
This will include data on the reduction in milk waste and milk packaging waste and the number of students participating in the
pilot.
. Waste audit data to show the potential impacts of implementing food waste reduction programs at participating schools
. Data on the number of pounds of edible food diverted from disposal to feed people by participating schools.
RECIPIENT's communication documents and materials paid for with the task budget must be pre-approved by ECOLOGYas outlined in General Terms and Conditions 19. PRESENTATION AND PROMOTIONAL MATERIALS in this Agreement.
The work done under this Task is intended to supplement work funded by ECOLOGY's Local Solid Waste Financial
Assistance (LSWFA) grant program under LSV/FA agreement 2019_ClaCPW_069. No costs incurred under LSWFA2019 CIaCPW 069 are eligible for reimbursement under this Agreement.
Task Goal Statement:
The goals of this task are to reduce food waste and wasted food and to recover more edible food to feed people in need inClallam County.
Task Expected Outcome:
RECIPIENT expects to achieve the following outcomes under this Task by June 30,2021:. Complete a report documenting the impact of the milk dispenser pilot project on milk waste and milk packaging waste at
Sequim Middle School.
. Complete a report on results of the waste audits done at participating schools to show their food waste diversion potential.
. Complete a report on the actual amount of food diverted from disposal by participating schools.
Template Version 10/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-I921-ClaCPW-00030
Pro-ject Title: Contamination Reduction and Outreach plan & Implementation
Recipient Name: CLALLAM COLTNTY PUBLIC WORKS
Recipient Task Coordinator: Meggan Uecker
Food Waste Reduction/Food Recovery Project
Deliverables
Page 12 o126
Number Description Due Date
3.1 Report documenting the outcomes of the milk dispenser pilot project at
Sequim Middle School.
08131/2020
3,2 Implementation of four food waste audits or food recovery programs at
Clallam County schools.
0313U2021
3.3 Report on the total amount of food waste that could be diverted byparticipating schools and the actual amount of food diverted by them under thisTask.
0613012021
Template Version 10/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-CIaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLINTY PUBLIC WORKS
Page 13 of26
SCOPE OF WORK
Task Number: 4 Task Cost: $25,000.00
Task Title: Contamination Reduction Outreach Plan
Task Descrigtion:
RECIPIENT will complete a Contamination Reduction Outreach Plan (CROP) as required under RCW 70.95.090 (10) to be
included in the update to the Clallam County Comprehensive Solid Waste Management Plan (CSWMP). RECIPIENT will use
a consultant to assist with completing some of the work on this Task.
Work to be done:
' Conducting public meetings with relevant stakeholders and the Clallam County Solid Waste Advisory Committee (SV/AC) toacquire relevant input, to assess needs and opportunities, and to develop a realistic action plan to complete the CROP.
' Preparing a draft CROP to be reviewed and vetted by the SWAC for inclusion in the Draft CSWMP.
' Preparing the final CROP, incorporating required comments from ECOLOGY and local stakeholders for inclusion in the finalCSWMP.
The work on this Task is intended to supplement work funded by ECOLOGY's Local Solid Waste Financial Assistance(LSWFA) grant program under LSWFA agreement 2019_ClaCPW_069 to update the County's CSWMP. No costs
incurred under LSWFA 2019 CIaCPW 069 are eligible for reimbursement under this Agreement.
Task Goal Statement:
Complete a CROP as required under RCW 70.95.090 (10) to be included in the update to the CSWMP
Task Expected Outcome:
RECIPIENT expects to complete a CROP as required under RCW 70.95.090 (10) to be included in the update to the
CSWMP by June 30,2021.
Template Version I 0/3 0/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Pro-iect Tille: Contamination Reduction and Outreach Plan & Implementation
RecipientName: CLALLAM COUNTY PUBLIC WORKS
Recipient Task Coordinator: Meggan Uecker
Contamination Reduction Outreach PIan
Deliverables
Page 14 of26
Number Description Due Date
4.1 Conduct public meetings with relevant stakeholders and the Clallam County
SWAC to acquire relevant input, to assess needs and opportunities and todevelop an action plan to complete the CROP.
06130t2020
4.2 Prepare a draft CROP to be reviewed and vetted by the SWAC for inclusionin Draft CSWMP.
01131t2021
4.3 Finalize the CROP, incorporating required comments from ECOLOGY and
local stakeholders.
0613012021
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
BUDGET
Funding Distribution 8G200378
NOTE: The above funding distribution number is used to ídentify this specific agreement and budget on paymentremittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to ídentify each budget.
Page 15 of26
Funding Title:Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source o/o
Description:
Clallam Co WRRED0910U2019
Funding Type:Funding Expiration Date:
Grant0613012021
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%Recipient Match %: ZS%
InKind Interlocal Allowed: NoInKind Other Allowed: yes
Is this Funding Distribution used to match a federal grant? No
Waste Reduction, Recycling, and Litter Control Account (V/RRLCA)
Project Titte: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COL|NTY PUBLIC WORKS
Fundins Distribution Summarv
Recipient / Ecology Share
Page 16 of 26
Funding Distribution Name Recipient Match 7o Recipient Share Ecology Share Total
Clallam Co WRRED 25.00 % s 20,000.00 $ 60,000.00 s 80,000.00
Total $ 20,000.00 $ 60,000.00 $ 80,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
The RECIPIENT must communicate in the Progress Reports any delays likely to last longer than three months and deviations
from the spending plan of more than $5,000.
ECOLOGY reserves the right to terminate the Agreement based on non-perforrnance, including but not limited to spending
delays longer than six consecutive months as compared to the spending plan.
The RECIPIENT's past performance, including but not limited to timely and accurate PRPRs, completing deliverables, and
spending the agreement budget prior to end of the biennium; may be used in evaluating future Waste Reduction and RecyclingEducation grant applications.
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDTNG SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLLINTARY
EXCLUSION:
L The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed fordebarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receivingcontracts paid for with federal funds. Ifthe RECIPIENT/CONTRACTOR is unable to certifli to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was effoneous when submitted or had become erroneous bvreason of changed circumstances.
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
Template Version I 0/3 0/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLTNTY PUBLIC WORKS
Page I7 of26
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with aperson who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled..CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARYEXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, includingsuspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients orcontractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests forreimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. F E DERAL FL|ND ING ACCOLINTAB IL ITY AND TRANSPARENC Y ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its fivetop executives using the FFATA Data Collection Form.
Receives more than $25,000 in federal funds under this award.
Receives more than 80 percent ofits annual gross revenues from federal funds
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required DTINS number, at
www.fsrs.gov <http://www.ßrs.sov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www fsrs qov {hftn fsrs oôv/>
a
a
a
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-CIaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page l8 of26
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans - EAGL Edition."(https://fortress.wa.gov/ecy/publications/SummaryPages/1 70 1 004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of allfunds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring allsubgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agteement shall be subject to the review and approval by ECOLOGY for the extent
and character ofall work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staffcontacts and administrative
information without the concurrence of either parfy.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Offrce of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to allproducts supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICALAND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:. For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.. For projects with any federal involvement, if required, comply with the National Historic Preservation Act.. Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:. Keep the IDP at the project site.
Template Version 10/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLINTY PUBLIC WORKS
Page 19 of26
. Make the IDP readily available to anyone working at the project site.
. Discuss the IDP with staff and contractors working at the project site.
. lmplement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:. Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local govemment.
d) If any human remains are found while conducting work under this Agreement:. lmmediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the
ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6, COMMLTNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federaljurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified withECOLOGY prior to incurring costs. Costs fhat are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
0 ECOLOGY will pay the RECIPIENT thifty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Offrce of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submiuing a statewide vendor registration form and an IRS W-9form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email [email protected].
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,
as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thitty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WTTH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State ofTemplate Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Prq,ect Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page20 o126
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for thepermit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails tocomply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified toconform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibilityin the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
IO. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase ofgoods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state lawin awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govem, although the RECIPIENT shall have the right to appeal decisions as provided forbelow:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thiúy (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or dulyauthorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
Template Version l0/30/201 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page2l of26
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGYProgram issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:. Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)officer or the Program QA coordinator instructs otherwise.. Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 20A4(Ecology Publication No. 04-03-030).. Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmenLal datathat was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirmwith ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http ://www.ecy.wa. gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-lnformation-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAWThis Agreement will be govemed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATIONECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each parly will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or properly arising from the negligent act or omission ofÍhatpafi or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16. KICKBACKSRECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)Template Version l0/30/201 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & lmplementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page 22 of 26
RECÍPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(UIBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods orservices.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Offrce of Minority and Women's Business Enterprises (OMWBE)(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDEROFPRECEDENCEIn the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by givingprecedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope ofWork; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
I 9. PRESENTATION AND PROMOTIONAL MATERIALSECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment ofthis Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January I through March 31, April 1 through June 30, July 1 throughTemplate Version 1 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-l921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLJNTY PUBLIC WORKS
Page23 of26
September 30, and October 1 through December 31. Reports shall be submitted within thirry (30) days after the end of the
quarter being reported.
e) RECIPIENT must submít within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or properly, and to authorize others to
use the same for federal, state, or local govemment purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Properly Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal propeúy purchased wholly or in part with funds
fumished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. V/hen ECOLOGY provides personal properly directly to the RECIPIENTfor use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said propeffy
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffbythe RECIPIENT for the fair market value of such properly.
Ð Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
l. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement offunds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
properLy, or facility acquired or developed under this Agreement to uses other than those for which assistance was originallyapproved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY ofthat portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to thisAgreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Titte: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COLJNTY PUBLIC WORKS
Page 24 of 26
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,for a period ofat least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identiff discrepancies in therecords.
ECOLOGY reserves the right to audit, or have a designated third parly audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.All work performed under this Agreement and any properly and equipment purchased shall be made available to ECOLOGyand to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and forat least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, inorder to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FTJNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performanceof this Agreement and completion of the work described in the Scope of Work.All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) orunallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.RECIPIENT shall refund to ECOLOGY the full amount of any effoneous payment or overpayment under this Agreement.RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments withinthirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGydemands repayment of funds.
Any properly acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and theRECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITYIf any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, suchinvalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and tothis end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICYACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State EnvironmentalPolicy Act (Chapter 43.21C RCV/ and Chapter 197-11 V/AC) have been or will be met. Any reimbursements are subject tothis provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or anyportion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resumeperformance on the next business day following the suspension period unless another day is specified by ECOLOGy.
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implementsustainable practices and to purchase environmentally preferable products under this Agreement.a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impactmeetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAI registered computers andTemplate Version 10/30/20 1 5
State of Washington Department of Ecology
Agreement No: SWMWRRED-1921-ClaCPW-00030
Project Title: Contamination Reduction and Outreach Plan & Implementation
Recipient Name: CLALLAM COUNTY PUBLIC WORKS
Page25 of26
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, I 00oá post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach ofany term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence W'ork. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence workon the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon inwriting for commencement of work, or the time period defined within the Scope of V/ork.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion ofECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGYand the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withholdpayments for the purpose of setoffuntil such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest ofECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, inwhole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments.
lf payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability offunds by the RECIPIENT's governing body.
c) By Mutual Agreement
Template Version I 0/30/20 1 5
.rfi ington Department of Ecology_-menr No: SWMWRRED_1921-ClaCpW-00030
"roject Titre: contamination Reduction and ouheach pran & Imprementation
Recipient Name: CLALLAM COLTNTY PUBLIC woRKS
EC'L'GY and the RECIPIENT may terminate this Agreement, in whole or in part, at anytime, by mutuar written agreement.d) In Event of Termination
30. WAIVER
Page 26 of26
All finished or unfìnished documents' data studies, surveys' drawings, maps, models, photographs, reports or other materialsprepared by the RECIPIENT under this Agreement, at the option of ECoLoGy, wiri t""on," property of ECoLoGy and theH:i.i|}'j:ü::;i:fjto
receive just and equitable càmpensation ror any sarisracrory work compreted on such
):ffii::ffi;i,,i;å':îiil::iï::ff::ffJ"ïm demandins repaymenr of a, funds paid to the RECrprENr in
29. THIRD PARTY BENEFICIARYRECIPIENT shall ensure that in all subcontracts entered into by the RECIpIENT pursuant to this Agreement, the state ofwashington is named as an express third parly beneficiary of such subcontracts with furr rights as such.
waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and wilråil3:":ï,'#:11'#i#"ion
orthe terms orthis Agreement unless srared as ru.h in writing by the aurhorized
Template Version I 0/30/20 1 5
å+Øþ(
AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)
DepaÉment: Sheriff
woRK sEssIoN x Meeting Date: L2lL6lL9
REGULARAGENDA x Meeting Dater I2l3LlL9
Required originals approved and attached? XWill be provided on:
Item summary:! Calt for Hearing X Contract/Agreement/MOU - Contract # 815-16-03 Amendment C
! Resolution n Proclamation ! Budget ltem
! oraft ordinance E f¡nalordinance ! Otner
Documents exempt from public disclosure attached: n
Executive summary:Amendment C to Personal Services Agreement with Friendship Diversion Services to continue toprovide a community seruice work program and electronic monitoring program for one additional year
until 12/3112L .There are no changes to the fees charged for these programs.
BUdgetary impaCt: (Is there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? lfthis is a contract and a budget change ls necessary, the budget change form must be submitted with the item at work session and for the
regular agenda) If a budget action is required, has it been submitted and a copy attached? EThe cost of this agreement is adequately budgeted in the FY2020 Sheriff's Inmate Commissary fund.
RgCOmmended aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)
Approval and signature by the Board,
t^rj Åt*.þI
County Official signature & print name: Sheriff W.L. Benedict
Name of Employee/Stakeholder attending meeting: Chief Civil Deputy Alice Hoffman
Relevant Departments: Sheriff's Office
Date submitted: LZILLIL9
* Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 s¡ngle sided/not stapled copy and originals (1 or 3 copies)Agenda ltem Summary
Revised: 3-04-20L9
Questions? Call Loni Gores, Clerk of the Board, ext 2256
tllr
s
Contract# 815-16-03
PERSONAT SERVICES AGREEM ENTAMENDMENT C
THIS AMENDMENT is entered into between CLALLAM COUNW, a political subdivision of the State ofWashington, (hereinafter called "County" or "Clallam County") and
Name: FRIENDSHIP DIVERSION SERVICES
Address: P.O. Box Ll2Ls
Olympia, WA 98508
Phone Ns: 360-70L-5492
(hereinafter called "Contra€tor") and incorporates the following attachments into the agreement enteredinto on November 29,20L6,
This Amendment is comprised of:
X Attachment A - Scope of Work
X AttachmentB-Compensation
X AmendmentA
copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
This Amendment extends the current contract for one additional twelve month period, All other provisionsancl conditions of the contract shafl remain in full force and effect throughout the duration of the contract.Nothing in this Amendment shall be construed as to change or amend ãny other provision or condition ofthe contract.
The term of this Amendment shallcommence on the lst day of January 2020 and shall, unless terminatedas provided elsewhere in the Agreement, end on the 3lst day of December 202L.
IN WITNESS WHEREOF, the parties have executed this Agreement on this
-_ day of December 2019.
CONTRACTOR CLALLAM COUNTY BOARD OF COMMISSIONERS
LL-z-¡Mark Ozias, Chair
Print name: Barbara E. Miller
Title Fxpcrrtivp f)Írprtnr
Date: 2019
OrÍgínals: BOCC
VendorInitiating Department
THIS CONTRACT HAS BEEN APPROVED AS TOFORM BYTHE CLALLAM COUNTY PROSECUTTNGATTORNEY
AGENDA ITEM SUMMA(Must be submitted NLT 3PM Wednesday for
Oocument was submitted after the
TääHiqïï"stedon GGFETRY talàtnextweekagenda) t t
Depaftment: Sheriff
WORK SESSION X Meeting Darer LZlLílLg
REGULARAGENDA X Meet¡ng Dare: LZßUL9
Required originals approved and attached? XWill be provided on:
ftem summary:n Catl for Hearing X Contract/Agreement/MOU - Contract # g15-16-03 Amendment C
fl Resolution n Proclamation I Budget ltem
! oraft Ordinance n rinal Ordinance n Otner
Documents exempt from public disclosure attached: tr
Executive summa¡y:Amendment C to Personal Seruices Agreement with Fríendship Diversion Services to continue toprovide a communÍty service work program and electronic monitoring program for one additional yearuntil ILl3L/Z{There are no changes to the fees charged for these þiogramr.eþBrtdgetary impact: (ts there a monetary impact? If so, are funds for this already allocated or is a budget change necess ary? rfthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget act¡on is required, has it been submitted and a copy attached? DThe cost of this agreement is adequately budgeted in the FY202O Sheriff's Inmate Commissary fund.
RgcOmmendgd aCtion: (Does the Board need to act? If so, what is the department,s recommendation?)
Approval and signature by the Board.
County Official signature & print name! Sheriff W.L. Benedict lnr"l .ß çra-o¿b'"*
Name of Employee/Stakeholder attend¡ng meet¡ng: Chief Civil Deputy AlÍce Hoffman
Relevant DepaÉments: Sheriff's Office
Date submitted: t2lLUtg
* Work Session Meeting -** Regular Meeting - SubmSubmit 1 single sided/not stapled copyit 1 single sided/not stapled copy and originals (1 or 3 copies)
THIS CONTRACT HAS BEEN APPROVED AS TOFORM BY THE CLALLAM COUNTY PROSECUTNGATTORNEY
qSËRdâ anC Fâ€klt were Posted on:-le,ñrlq .
contract#B1s-16-03 @At
PERSONAL SERVICES AGREEM ENTAMENDMENT C
THIS AMENDMENT is entered into between CLALLAM COUNTY, a political subdivision of the State ofWashington, (hereinafter called "County" or "Clallam County") and
NamC: FRIENDSHIP DIVERSION SERVICES
Address: P.O. Box ll2l5Olympia, WA 98508
Phone Na: 360-70L-5492
(hereinafter called "Contractor") and incorporates the following attachments into the agreement enteredinto on November 29,20L6.
This Amendment is comprised of:
X Attachment A - Scope of Work
X Attachment B - Compensation
X Amendment A
copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
This Amendment extends the current contract for one additional twelve month period. All other provisionsand conditions of the contract shall remain in full force and effect throughout the duration of the contract.Nothing in this Amendment shall be construed as to change or amend any other provision or condition ofthe contract.
The term of this Amendment shall commence on the lst day of January 2020 and shall, unless terminatedas provided elsewhere in the Agreement, end on the 31st day of December 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement on thÍs _ day of December 20L9.
CONTRACTOR CLALLAM COUNTY BOARD OF COMMISSIONERS
Mark Ozias, Chair
Print name: Barbara E. Miller
Title:
Date:
Executive Director
20t9
*taþr
Item summary:! catlfor Hearing
AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)
DepaÉment: Sheriff
WORK SESSION X Meeting Date: L2lt6lLg
REGULARAGENDA X Meeting Date: LzlSLlLg
Required originals approved and attached? XWill be provided on:
X Contract/Agreement/MOU - Contract # 813-19-01
! Proclamation n Budget ltem
n rinatordinance f] other
n Resolution
Draft Ordinance
Documents exempt from public disclosure attached: n
Executive summary:Personal Seruices Agreement with Olympic Peninsula Humane Society for shelter facilities and animallicensing seruices for the period 0Ll0Ll20 to L2l3tl22. This is renewal of príor agreements with noincrease in the compensation amount.
BUdgetary impaCt: (ts tnere a monetary impact? If so, are funds for this already allocated or is a budget change necess ary? tfthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) Ifa budget action is required, has it been submitted and a copy attached? nThe cost of this agreement is adequately budgeted in the Fy2020 Sheriff's Animal Control budget.
ReCOmmended aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)
Approval and signature by the Board.
County Official signature & print namei Sheriff W.L. Benedict t\Jd '.ß',*,rt¿
Name of Employee/Stakeholder attending meet¡ng: Chief Civil Deputy Alice Hoffman
Relevant Depaftments: Sheriff's Office
Date submitted : L2l LLI t9
* Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)Agenda ltem Summary
iiliS AGRËÊÞiENT is eíìteied inio between CIALL.ÀM COUNTY, a politicai subdivision ûf the State ofWashington, {hereinafter called "County" or "Clallam County") and
Name: Õiymprc Peninsuia Humane Society
Address: 1743 Old Olyrnpic Flighway / POB 3124
Port Àngeles, WA 98362
Phone Nq: 36û457-8206
(hereinafter ca lled "Contractor").
This Agreement is comprised of:
Ñ Athchment A - Scope of Work
X AttachmentB-Compensation
X Attächment C - General Conditions
X Attachment D - Special Terms and Conditions
n AtÞchment E {specrfy) -copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
The term of this Agreernent shall commence on the lst day of January 2020 and shall, unless terminatedas provided elsewhere in the Agreement, terminate on the 31st day of December 2022.
lN WITNESS WHEREOF, the paûies have e¡<ecuted this Agreement on thís _ day of 2019.
PENTNSU H SOCIETY BOARD OF CLALLAM COUNTY COMMTSSIONERS
ne Hinkle, Director Mark Ozias, Chair
Date: ,2û19
ATTEST:
Loni Gores, Clerk of the Board THIS CONTRACT HAS BEEN APPROVED AS TOFORM BY THE CLALLAM COUNTY PROSECUTINGATTORNEYOriglnals: BOCC
Vendorinitiating Department
Copies: 5 *
1
PERSONAL SERVICES AGREEMENT ATÏACHMENT A
SCOPE OF WORKAnlmal Sheltering
Shelter Facilities: The Contractor shall furnish and maintain shelter facilities and necessaryequipment for handlíng ímpounded dogs and cats brought to the Contractor by the County Sheriffsoffice and dogs and cats brought to the Contractor by the public residing in the County. Thesefacilities shall include, but not be limited to the following:
A. Dog and cat kennels (minimum 20 dog and 25 cat kennels).B. An isolation room having a complete covered kennel for dangerous dogs impounded, and rabies
quarantine.C. A separate room for storing feed.D. Facilities for the humane disposal of sick, injured and dead animals.E. Secure and accessible after hours receiving areas for animals brought to the shelter by the Sheriff's
office.F, An external security fence.
The Contractor shall properly maintain the facilities and equipment in a clean and sanitary manner and willnot permit any condition to exist that would constitute a public nuisance.
Hours of Operations: The Contractor shall, as a minimum requirement, keep the shelter facilitiesopen to the public a minimum of 25 hours per week, 5 of which shall be on Saturday, or other suchhours as approved by the County Project Manager. Such hours shall be posted. During such otherhours the Sheriff's office may have access to the shelter via access codes.
Kevs: The Contractor shall furnish the Sheriff's office with the access codes to enter the shelter andother keys necessary for him/her to perform official duties at the shelter.
4. Receipt and Care of Animals: The Contractor shall receive all dogs and cats brought to the shelter bythe Sheriff's office. The Contractor may receive dogs and cats brought to the shelter by theresidents of the County, but the Contractor is not obligated to accept a dog or cat if 1) acceptance ofthat animal into the shelter will create a seríous health risk, or 2) a health risk exists in the shelter, or3) it will place the shelter over capacity and the Contractor has attempted to relieve such conditionby alternative placement of animals with other suitable agencies. In such event, the Contractor shallnotiñ7 the County within a timely manner . The Contractor shall hold animals received into the shelterand properly care for them pursuant to applicable sections of Ttle 17 of the Clallam County Code.The Contractor shall give the best reasonable care and treatment to all its creatures in its custodyand control, making certain they are comfortably housed and adequately fed. Anímals receíved bythe shelter during non-business hours shall be officially cared for as soon as feasible.
The Contractor shall maintain a record of each animal under this contract. At a minimum, such record shallco.nsist of the type of animal, the beginning and ending dates of housing, the length of stay, the name,address and telephone number of the owner or person bringing in the añimal, and the dispósition of theanimal. The contractor shall, upon request, make these records available for inspection and/ór make copiesas requested.
The Contractor shall be responsible to make reasonable attempts, and with due diligence, to identify andcontact the animal owner as soon as possible after the animal is housed by the Contractor and prior todestruction or adoption of the animal,
The Contractor shall make every reasonable eftort to find suitable homes for each adoptable animalreceived. The Contractor shall not adopt out or rehome any animal that has, unprovoked, bitten orthreatened a human. Any animal that would be declared Potentially Dangerous or Dangerous underTitle
2
3
ATTACHMENT A Page 1
5
PERSONAL SERVICES AGREEMENT ATTACHMENTA
17 of the Clallam County Code for an incident involving a human shall be destroyed after any applicablewaiting period. If the incident involved another animal the Contractor may confer wíth the Sheriff'sDepartment Animal Control Deputy as to the disposition of the animal.
Referral of Comolaints: When the Contractor receives complaints of violations of state or localordinances regarding animal cruelty, potentially dangerous dogs, or dangerous dogs occurring in theunincorporated areas of Clallam County, such complaints shall be immediately referred to theSheriff's office.
6. Animal Traps: The Contractor shall furnish and maintain a suitable number of traps for the livecapture of animals and loan said traps to County residents upon request. At a minimum, theContractor shall maintain 4 cat traps and 1 dog trap. At the time of the loan, the Contractor shallinstruct residents on the proper use of traps and the proper care and handling of captured animals.The Contractor may collect a deposit and/or fee as agreed between the Contractor and the County.
Records of Lost and Found Animals: Reports of lost or found animals from County citizens will bereferred directly to the Contractor. The Contractor shall make information concerning lost and foundanimals available to citizens requesting the information. The Contractor shall use due diligence inmaking every reasonable effort to compare unidentified County dogs to the lists and to returnanimals which appear to be from the list, to their owners.
Complaints or Inquires Regarding Sheriff's Investigations: Complaints and inquiries from citizens orthe media regarding cases being investigated by the Sheriff's office shall be referred to the Sheriff'sOffice Administrative Staff. The Contractor shall notify the Sheriff's office of all inquiries or complaintsreceived.
9. Staff:
A. The Contractor shall be registered in euthanasia by lethal injection, in accordance with RCW69.50.310, and shall employ or contract with a minimum of one qualified handlers. Copies of suchcertification shall be provided within 90 days of signing of this agreement.
B. The Contractor shall maintain a telephone service and office personnel necessary for receivinginquiries from County residents with respect to animals impounded or delivered to the Contractor.
C. The Contractor shall ensure that all of its employees act in a professional and businesslike mannerand that no rude or unseemly actions or attitudes are tolerated in their day to day dealings with thepublic.
D. The contractor shall provide adequate training to its employees to satisfactorily perform theobligations of this agreement.
10. Animals Left After Hours: The Contractor shall maintain after hours receiving areas which areavailable to the Sheriff's Office during non-business hours. The Sherifl's Office will identiñ7 animalswhich are left after hours as coming from County residents.
11 Fees: The Contractor may charge fees as lísted in Tîtle 17 of the Clallam County Code. Any changesto fees shall be approved by the County prior to implementation.
7
I
ATTACHMENT A Page2
1
2
3
PERSONAL SERVICES AGREEM ENT ATÏACHMENTA
Anlmal Llcenses
Issuance of Licenses: The Contractor shall sell animal licenses in accordance with applicable Countyordinance provisions for all County animals without approved license. The Contractor shall developprograms and activities intended to increase compliance with animal license requirements by Countyresidents.
Maintenance of License Recording System: The Contractor shall maintain a computerized licensesystem in a current status and shall provide reports to the Sheriff's Office as requested. The repoftshall include a listing of all current animal licenses. The Contractor shall maintain the system forlicenses sold by the Contractor or the County. The County will fonruard to the Contractor, on aweekly basis, the original of each license sold by the Sheriff's Office along with the licenses fees paid.
Licensing ltems: The Contractor shall purchase and maintain sufficient license forms and animaltags and shall distribute them, free of charge, to the County and other lícense vendors upon request.
ATTACHMENT A Page 3
PERSONAL SERVICES AGREEMENT ATTACHMENT B
COMPENSATION
1. Compensation for Sheftering:
The County shall pay to the Contractor $1Od00O per calendar year of the contract. Paymentshall be made quarterly in an amount of $26,000 in January, April, July, and October for services tobe rendered in that quarter.
2. Compensation for Shelterinqbeyond normal scope of work:
Should an animal be kept at the shelter for a reason outside of the normal scope of work of theshelter as defined in this agreement; and due to the nature of this reason the animal is required tobe held longer than 96 (ninety-six) hours, the daily rate as set fofth in the County Fee Schedule 471-A for a special care animal may be billed directly to the Sheriff's Office beginning at the end of the 96(ninety-six) hours.
3. Other Comoensation:
The Contractor may retain Cage and Trap Rental Fees received from County citizens.
4. Comoensation for Sale of Animal Licenses:
The Contractor may retaín all revenue obtaíned from the sale of County animal licenses
5. Potentiallv Danoerous and Dangerous Dog Reoistration and Licensínq:
The County will register and license potentially dangerous and dangerous dogs and wíll retain allrevenue obtained from these transactions.
ATTACHMENT B Page 1
1
2.
PERSONAL SERVICES AGREEMENT
GENERAL CONDITIONS
Scooe. of ConEactor's Services. The Contractor agrees to provide to the County services and anymaterials set forth in the project narrative identified as Attachment A during the agreement periôd.No material, labor, or facilities will be furnished by the County, unless otherwise piovided for in theAgreement.
Accountínq and Pavment for Contractor Services. Payment to the Contractor for services renderedunder this Agreement shall be as set forth in Attachment B. Unless specifically stated in AttachmentB, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractorin the performance of this contract.
The County shall compensate the Contractor through the County voucher system for theContractor's service pursuant to the fee schedule set forth in Attachment B.
Delegation and Subcontractinq. Contractor's seruices are deemed personal and no portion of thiscontract may be delegated or subcontracted to any other individual, firm or entity without theexpress and prior written approval of the County Project Manager.
Independent Contractor. The Contractor's services shall be furnished by the Contractor as anindependent contractor and nothing herein contained shall be construed to create a relationship ofem ployer/em ployee or master/servant.
The Contractor acknowledges that the entíre compensat¡on for this Agreement is specified inAttachment B 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, or any otherrights or privileges afforded to Clallam County employees. The Contractor represents that itmaintains a separate place of business, serves clients other than the County, will report all incomeand expense accrued under this contract with the Internal Revenue Service on a business taxsche_dule, and has a tax account with the State of Washington Depaftment of Revenue for paymentof all sales and use and Business and Occupation taxes collected by the State of Washingtdn.'
In the event that either the state or federal government determines that an employer/employee ormaster/seruant relationship exists rather thañ an independent contractor relatiohsÉip iucn tnãtClallam County is deemed responsible for federal withholding, social securiÇ contributions, workerscompensation and the like, the Contractor agrees to reimburse Clallam County for any paymentsmade or required to be made by Clallam County. Should any payments be due to the Coñtractorpursuant to- this Agreement, the Contractor agrees that reimbursement may be made by deductingfrom such future payments a pro rata share of the amount to be reimbursed.
Notwithstanding any determination by the state or federal government that an employer/employeeor master/servant relationship exists, the Contractor, its officers, employees and agents, shail not beentitled to any benefits that Clallam County provides to its employees.
No Guarantee of Emolovment. The pertormance of all or part of this contract by the Contractor shallnot operate to-vest any employment rights whatsoever and shall not be deemed to guarantee anyemployment of the Contractor or any employee of the Contractor or any subcontractor or anyemployee of any subcontractor by the County at the present time or in the future.
Rqgulations and Requirements. This Agreement shall be subject to all federal, state, and local laws,rules, and regulations.
ßlghüg-Rev¡Cw. This contract is subject to review by any federal or state auditor. The County shallhave the right to review and monitor the financial and service components of this program bywhatever means are deemed expedient by the County Project Manager. Such review may occurwith or without notice, and may include, but is not limited to, on-site inspection by County agents oremployees, inspection of all records or other materials that the CounÇ deems pertinent to thè
ATTACHMENT C
3
4.
5
6.
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ATTACHMENT C Page 1
8.
9.
PERSONAL SERVICES AGREEMENT ATTACHMENT C
10.
Agreement and its performance, and any and all communications with or evaluations by servicerecipients under this Agreement. The Contractor shall preserve and maintain all financial recordsand records relating to the pertormance of work under this Agreement for three (3) years aftercontract termination, and shall make them available for such review, within Clallam County, State ofWashington, upon requesf during reasonable business hours.
Modilcations. Either parfy may request changes in the Agreement. Any and all agreedmodifications shall be in writing, signed by each of the parties.
Termination for Default. If the Contractor defaults by failing to perform any of the obligations of thecontract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit ofcreditors, the County may, by depositing written notice to the Contractor in the U.S. Mail, postageprepaid, terminate the contract, and at the CounÇ's option, obtain performance of the woikelsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receiveany further p_a-ymellg under the contract. Any extra cost or damage to the County resulting fromsuch default(s) shall be deducted from any money due or coming due to the Contiactor. TñeContractor agrees to bear any extra expenses incurred by the County in completing the worÇincluding all increased costs for completing the work, and all damage sustained, oiwhich may besustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason thatthe Contractor was not in default, the rights and obligations of the parties shall be thé same as if thenotice of termination had been issued pursuant to the Termination for Public Convenience paragraphhereof.
Ïermination for Public Convenience. The County may terminate the contract in whole or in partwhenever the County determines, in its sole discretion that such termination is in the interedts of theCotlftty. Whenever the contract is terminated in accordance with this paragraph, the Contractorsh.all be entitled to payment for actual work peformed for completed items of work. An equitableadjustment in the contract price for partially completed items of work will be made, but suihadjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work.Termination of this contract by the County at any time during the term, whether for default orconvenience, shall not constitute a breach of contract by the County.
Termination Due to Insufficient Funds. If sufficient funds for payment under this contract are notappropriated or allocated or are withdrawn, reduced, or othenvise limited, the County may terminatethis contract upon five (5) days written notice to the Contractor. No penalty or expense shall accrueto the County in the event this provision applies.
Terminatiqn Procedure. The following provisions apply in the event that this Agreement isterminated:
(a) The Contractor shall cease to perform any services required hereunder as of theeffective date of termination and shall comply with all reasonable instructions contained in thenotice of termination, if any.
(b) The Contractor shall provide the County with an accounting of authorized servicesprovided through the effective date of termination.
(c) If the Agreement has been terminated for default, the County may withhold a sumfrom the final payment to the Contractor that the CounÇ determines necessary to protectitself against loss or liability.
Defense and Indemnity Aqreement.
(q) The Contractor agrees to hold harmless, indemniñ7 and defend the County, its offícers,officials, employees and agents, from and against any and all claims, actions, súits, liability,
11.
12.
13.
ATTACHMENT C Page2
PERSONAL SERVICES AGREEMENT
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15.
loss, expenses, damages and judgments of any nature whatsoever, including reasonabfe costsand attorneys'fees in defense thereof, for injury sickness, disability or death to persons ordamage to property (including loss of use thereof) or business (including economic loss),caused by or arising out of the Contractor's acts, errors or omissions in the performancé ofthe Contract. Provided, however, that the Contractor's obligation under this provision will notextend to injury sickness, disability, death or damage caused by or arising out of the solenegligence of the County, its officers, officials, employees or agents.
(b) With regard to any claim against the County, its officers, officials, employees andagents by any employee of the Contractor, subcontractor, anyone directly or indirectlyemployed by any of them, or anyone for whose acts any of them may be liable, theindemnification obligation under this Section will not be limited in any way by any limitationon the amount or type of damages, compensation or benefits payable by or ior the Contractoror subcontractor under workers'compensation acts, disability benefit acts or other employeebenefìt acts. It is clearly agreed and understood by the parties to the Contract that theContractor expressly waives any immunity the Contractor might have had under such laws.By executing the Contract the Contractor acknowledges that the foregoing waiver has beenmutually negotiated by the parties as is required by RCW 4.24.It5, and that the provisions ofthis Section will be incorporated, as relevant, into any contract the Contractor mâkes with anysubcontractor or agent performing work under the Contract.
(c) The Contractor's obligations under these provisions 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, theContractor's employees, agents or subcontractors.
Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claimsagainst the County, its appointed and elected officers, agents and employees, the Contractorexpressly waives its immunity under TÎtle 51 of the Revised Code of Washington, the IndustrialInsurance Act, as now or hereafter amended, for injuries to its employees and agrees that theobligations to indemnify, defend and hold harmless provided in this Agreement extend to any claimbrought by or on behalf of any employee of the Contractor. Along with the other provisions of thisAgreement, this waiver is mutually negotiated by the parties to this Agreement.
Venue and Choice of Law. In the event that any litigation should arise concerning the constructionor interpretation of any of the terms of this Agreement, the venue of such action shall be in thecourts of the State of Washington in and for the County of Clallam. This Agreement shall begoverned by the law of the State of Washington.
Withholding Pavment. In the event the CounÇ Project Manager determines that the Contractor hasfailed to perform any obligation under this Agreement within the times set fofth in this Agreement,then the County may withhold from amounts otherwise due and payable to Contractor thê amountdetermined by the County as necessary to cure the default, until the County Project Managerdetermines that such failure to perform has been cured. Withholding under thisclause shãll not bedeemed a breach entitling Contractor to termination or damages, provided that the County promptlygives notice in writing to the Contractor of the nature of the default or failure to perform, and in nocase more than ten (10) days after it determines to withhold amounts othen¡¡ise due. Adetermination of the County Project Manager set fofth in a notice to the Contractor of the actionrequired and/or the amount required to cure any alleged failure to perform shall be deemedconclusive, except to the extent that the Contractor acts within the times and in strict accord withthe provision of the Disputes clause of this Agreement. The County may act in accordance with anydetermination of the County Project Manager which has become conclusive under this clause,without prejudice to any other remedy under the Agreement, to take all or any of the followingactions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to cñargethe same to the account of the Contractor, (3) to set off any amount paid or incurred from amouñtsdue or to become due the Contractor. In the event the Contractor obtains relief upon a claim underthe Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faithwithholding by the County under this clause.
ATTACHMENT C
ATTACHMENT C Page 3
PERSONAL SERVICES AGREEMENT ATTACHMENT C
1B
Rights and Remedies. The duties and obligations imposed by this Agreement and the rights andremedies available hereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law.
Contractor Commitments. Warranties and Representations. Any written commitment received fromthe Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwisespecifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill sucha commitment shall render the Contractor liable for damages to the County, A commitmentincludes, but is not limited to any representation made prior to execution of this Agreement, whetheror not incorporated elsewhere herein by reference, as to performance of services or equipment,prices or options for future acquisition to remain in effect for a fixed period, or warranties.
Patent/Copyriqht Infrinqement. Contractor will defend, indemnify and save harmless County, itsappointed and elected officers, agents and employees from and against all loss or expense, includingbut not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs byreason of any and all claims and demands upon the County, its elected or appointed officials oremployees for damages because of the Contractor's alleged infringement on any patent or copyright.The Contractor will pay those costs and damages attributable to any such claims that are finallyawarded against the County, its appointed and elected officers, agents and employees in any action.Such defense and payments are conditioned upon the following:
(a) That Contractor shall be notifìed promptly in writing by County of any notice of suchclaim.
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(b) Contractor shall have the right hereunder, at its option and expense, to obtain for theCounty the right to continue using the information, in the event such claim of infringement, ismade, provided no reduction in performance or loss results to the County.
Disputes:
(a) General. Difterences between the Contractor and the County, arising under and byvirtue of the contract documents shall be brought to the attention of the County at theearliest possible time in order that such matters may be settled or other appropriate actionpromptly taken. The records, orders, rulings, instructions, and decision of the County ProjectManager shall be final and conclusive 30 days from the date of mailing unless the Contractormails or otheruise furnishes to the County Administrator a written notice of appeal. Thenotice of appeal shall include facts, law, and argument as to why the conclusions of theCounty Project Manager are in error.
In connection with any appeal under this clause, the Contractor and County shall havethe opportunity to submit written materials and argument and to ofler documentary evidencein support of the appeal. Oral argument and live testimony will not be permitted. Thedecision of the County Administrator for the determination of such appeals shall be final andconclusive. Reviews of the appellate determination shall be brought in the Superior Court ofClallam County within 15 days of mailing of the wrítten appellate determination. Pending finaldecision of the dispute, the Contractor shall proceed diligently with the performance of thisAgreement and in accordance with the decision rendered.
(b) Notice of Potential Claims. The Contractor shall not be entitled to additionalcompensation or to extension of time for (1) any act or failure to act by the County ProjectManager or the County, or (2) the happening ofany event or occurrence, unless theContractor has given the County a written Notice of Potential Claim within 10 days of thecommencement of the act, failure, or event giving rise to the claim, and before final paymentby the County. The writ|en Notice of Potential Claim shall set forth the reasons for which theContractor believes additional compensation or extension of time is due, the nature of thecost involved, and insofar as possible, the amount of the potential claim. Contractor shall
ATÏACHMENT C Page 4
PERSONAL SERVICES AGREEM ENT ATTACHMENT C
2r.
keep full and complete daily records of the work performed, labor and material used, and allcosts and additional time claimed to be additional.
(c) Detailed Claim. The Contractor shall not be entitled to claim any such additionalcompensation, or extension of time, unless within 30 days of the accomplishment of thepoftion of the work from which the claim arose, and before final payment by the County, theContractor has given the County a detailed written statement of each element of cost or othercompensation requested and of all elements of additional time required, and copies of anysupporting documents evidencing the amount or the extension of time claimed to be due.
Ownership of Items Produced. All writings, programs, data, art work, music, maps, charts, tables,illustrations, records or other written, graphic, analog or digital materials prepared by the Contractorand/or its consultants or subcontractors, in connection with the peformance of this Agreement shallbe the sole and absolute property of the County and constitute "work made for hire" as that phraseis used in federal and/or state intellectual property laws and Contractor and/or its agents shall haveno ownership or use rights in the work.
Recoverv of Pavments-to Contractor. The right of the Contractor to retain monies paid to it iscontingent upon satisfactory performance of this Agreement, including the satisfactory completion ofthe project described in the Scope of Work (Attachment A). In the event that the Contractor fails,for any reason/ to perform obligations required of it by this Agreement, the Contractor may, at theCounty Project Manager's sole discretion, be required to repay to the County all monies disbursed tothe Contractor for those parts of the project that are rendered worthless in the opinion of the CountyProject Manager by such failure to perform.
Interest shall accrue at the rate of 12 percent(t2Vo) per annum from the time the County ProjectManager demands repayment of funds.
Proiect Approval. The extent and character of all work and services to be performed under thisAgreement by the Contractor shall be subject to the review and approval of the County ProjectManager. For purposes of this Agreement, the County Project Manager is:
Name: Alice Hoffman
Title: Chief Civil Deputy
Address: 223 East 4th St., Suite 12, Port Angeles, WA 98362
In the event there is a dispute with regard to the extent and character of the work to be done, thedetermination of the County Project Manager as to the extent and character of the work to be doneshall govern subject to the Contractor's right to appeal that decision as provided herein.
Non-Discrimination. The Contractor shall not discriminate against any person on the basis of race,creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or thepresence of any sensory, mental or physical handicap.
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Subcontractors. In the event that the Contractor employs the use of any subcontractors, thecontract between the Contractor and the subcontractor shall provide that the subcontractor is boundby the terms of this Agreement between the County and the Contractor. The Contractor shall insurethat in all subcontracts entered into, Clallam County is named as an express third-party benefîciaryof such contracts with full rights as such.
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25.
ATTACHMENT C Page 5
PERSONAL SERVICES AGREEM ENT ATÏACHMENT C
26. No Third Patv Beneficiaries. Thís agreement is intended for the benefit of only the County andContractor. This agreement does not confer any benefits, rights, or privileges upon any third party.
27. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent withthat degree of care and skill ordinarily exercised by members of the same profession as theContractor currently practicing under similar circumstances. The Contractor shall, without additionalcompensation, correct those services not meeting such a standard.
28. Time is of the Essence. Time is of the essence in the performance of this contract unless a morespecific time period is set forth in either the Special Terms and Conditions or Scope of Work.
29. Notice. Except as set forth elsewhere in the Agreement for all purposes under this Agreement,except service of process, any notices shall be gíven by the Contractor to the County ProjectManager. Notice to the Contractor for all purposes under this Agreement shall be given to theperson executing the Agreement on behalf of the Contractor at the address identified on thesignature page.
30. Severabilitv. If any term or condition of this contract or the application thereof to any person(s) orcircumstances is held invalid, such invalidity shall not affect other terms, conditions, or applicationswhich can be given eftect without the invalid term, condition or application. To this end, the termsand conditions of this contract are declared severable.
31. Precedence. In the event of inconsistency in this Agreement, unless othenvise provided herein, theinconsistency shall be resolved by giving precedence in the following order:
(a) Applicable federal, state, and local statutes, ordinances, and regulations;
(b) Scope of Work (Attachment A) and Compensation (Attachment B);
(c) SpecialTerms and Conditions (Attachment D); and
(d) General Conditions (Attachment C).
32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prioror subsequent breach. No term or condition of this contract shall be held to be waived, modified, ordeleted except by an instrument, in writing, signed by the parties hereto.
33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement,the prevailing pany shall be entitled to be paid reasonable attorney fees,
34. Construction. This agreement has been mutually reviewed and negotiated by the parties and shouldbe given a fair and reasonable interpretation and should not be construed less favorably againsteither party.
35. Survival. Without being exclusive, Paragraphs 4,7, 13-19, 2L-22 and 31-35 of these GeneralConditions shall survive any termination, expiration, or determination of invalidity of this Agreementin whole or in paft. Any other Paragraphs of this Agreement which, by their sense and context, areintended to survive shall also survive.
36. Entire Aqreement. This wrítten contract represents the entire Agreement between the parties andsupersedes any prior statements, discussions or understandings between the parties except asprovided herein.
ATTACHMENT C Page 6
PERSONAL SERVICES AGREEM ENT ATTACHMENT D
SPECIAL TERMS AND CONDITIONS
1. Reporting. The Contractor shall submit written progress reports to the County ProjectManager as set forth below:
n With each request for payment.
n Monthly.
n Quarterly.
I Semi-annually.
X Annually.
X Project completion.
n Other (specifo):
Progress reports shall include, at a minimum, the following:
2. Insurance. The Contractor shall maintain in full force and effect during the term of thisAgreement, and until final acceptance of the work, public liability and property damageinsurance with companies or through sources approved by the state insurance commissionerpursuant to RCW Title 48, as now or hereafter amended. The CounÇ, its appointed andelected officials, agents and employees, shall be specifically named as additional insureds in apolicy with the same company which insures the Contractor or by endorsement to an existingpoliry or with a separate carrier approved pursuant to RCW Title 48, as now or hereafteramended, and the following coverages shall be provided:
X coMMERcIAL GENERAL LIABILITY:
$1,000,000 per occurrence
$2,000,000 aggregate
Annual Reqort: Contractor shall furnish an annual report to the CounÇ by the 15th day ofFebruary of the following year. The reporf shall include a listing of all current County animallicenses, including the license number, expiration date, information describing the animal, andthe owner's name, address, and telephone number. In addition, the report shall include thenumber of County animals housed by type, the total number of days of housing and asummary of disposition of County animals, the number of licenses sold and revenue producedfrom sales.
Contractor shall maintain complete records of licenses issued, fees collected, animalsreceived, impound reasons/ surrendered by information, and animals disposed of and includethese numbers in the repoft. The Contractor shall make these records available for theCounty's inspection at all times. Contractor shall provide such other data as the Countyrequests, for all legitimate purposes directly related to County services peformed.
Reports shall include any problems, delays or adverse conditions which will materially affectthe Contractor's ability to meet project objectives or time schedules together with a statementof action taken or proposed to resolve the situation. Reports shall also includerecommendations for changes to the Scope of Work, if any. Payments may be withheld ifreports are not submitted.
X
ATTACHMENT D
Bodily injury, including death
Page 1
PERSONAL SERVICES AGREEM ENT ATTACHMENT D
Property damage 91,000,000 per occurrence
$2,000,000 aggregate
N ERRORS AND OMISSIONS OT PROFESSIONALLIABILIIY with an Extended Reporting PeriodEndorsement (two year tail) $ per occurrence
X woRKERS coMpENSAroN: statutory amount
X AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles
Bodily injury, liability, including death $ per occurrence
$ aggregate
Propefty damage liability $ per occurrence
$ aggregate
I BUSINESS AUToMoBILE LIABILITv: g per occurrence
If the Errors and Omissions or Professional Liability insurance obtained is an occurrencepolicy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is notrequired.
Any such poficy of insurance the Contractor is required to obtain and maintain pursuantto this Agreement shall be primary over any third party liability coverage provided to ClallamCounty by and through its membership in the Washington Counties Risk Pool or WCRP. Thethird party liability coverage provided by the wcRP to clallam county shall be non-contributory with respect to any policy of insurance the Contractor is required to obtain andmaintain pursuant to this Agreement. The County shall have no obligation to repoftoccurrences unless a claim or lawsuit is filed with it and the County has no obligation to payany insurance premiums.
Evidence of primary insurance coverage shall be submitted to the County ProjectManager within 20 days of the execution of the Agreement. The Agreement shall be void abinitio if the proof of coverage is not timely supplied.
If the proof of insurance or certificate of coverage indicating the County is an"additional insured" to a policy obtained by the Consultant in order to comply with thisagre,ement refers to an endorsement (by number, abbreviation or name) but does not providethe full text of that endorsement, then it shall be the obligation of the Consultant to obtain thefull text of that endorsement and forward that full text to the County within 30 days of theexecution of this Agreement.
The coverage limits identified herein shall not limit the potential liability of theContractor and the Contractor's duty to defend, indemnify, and hold harmless shall apply toany liability beyond the scope of insurance coverage.
3. Líquidated Damages. For delays in timely completion of the work to be done or missedmilestones of the work in progress, the Contractor shall be assessed Dollars ($ )per day as liquidated damages and not as a penalty because the County finds it impractical tocalculate the actual cost of delays. Liquidated damages will not be assessed for any days forwhich an extension of time has been granted. No deduction or payment of liquidated
ATTACHMENT D Page2
X
PERSONAL SERVICES AGREEMENT ATTACHMENT D
damages will, in any degree, release the Contractor from further obligations and liabilities tocomplete the entire project.
4. Other (specifu):. Board of Directors: Employees of the Contractor or direct relatives ofsaid individuals shall not serve on the Board of Dírectors of the Contractor. The ExecutiveDirector may serve on the Board as a non-voting member, but may not serve as an officer ofthe Board.
ATÎACHMENT D Page 3
.iJ.plølAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
DepaÉment: Sheriff
woRK sEssIoN x Meeting Date: L2l3OlL9
REGULARAGENDA x Meeting Date: L2l3Ut9
Required originals approved and attached? XWill be provided on:
Documents exempt from public disclosure attached: n
Executive summary:Sublease Agreement wíth the City of Port Angeles for use of a shared storage facility for propefi andvehicle storage. This is a renewal agreement that lapsed for the year 2019 and is now being renewedretroactively for the term 01/01/19 through I2l3Ll20.
Budgetafy impaCt: (Is there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work sess¡on and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? nNo budget change is necessary.
RgCOmmgndgd act¡Oni (ooes the Board need to act? If so, what is the departmenfs recommendation?)
It is recommended that the Board approve and sign the agreement in year 2019, therefore we areasking to present this at work session on the 30th and placed on the regular agenda for signature byon the 31s. The agreement was s¡gned by the C$y officig{s earlier in December.
THIS AGREEMENT is entered into this _day of _,2019, by andbetween the City of Port Angeles, a municipal corporation of the State of Washington(hereinafter referred to as "City") and Clallam County, a political subdivision of the Stateof Washington (hereinafter referred to as o'County").
THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms underwhich the County will sublet a portion of a leased warehouse to the City for the purpose ofco-locating property and vehicle storage.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
LEASEThe County SherifPs has leased a7 ,000 square foot facility and the City will occupy 1/3dof the space. The City will sublet from the County at a rate of $667.55 per month for theperiod of January 1,2019 through December 3I,2020. The utilities will be paid by theCounty. The County will maintain custody and control over all property and vehiclesmaintained at the facility. The City will have access to the facility upon coordination withthe sheriff s office Property and Evidence Manager or chief civil Deputy.
INDEMNIFICATIONThe Citywill defend, indemnifi and hold harmless the County, its officers, employees, andagents from and against any and all costs, claims, demands, judgments or awards ofdamages arising out of or in any way resulting from the negligent acts or omissions of theCity, its officers or employees in performing this agreement.
Likewise, the County will defend, indemnify and hold harmless the City, its officers,employees, and agents from and against any and all costs, claims, demands, judgments orawards of damages arising out of or in any way resulting from the negligent acts oromissions of the Count¡ its officers or employees in performing this agreement.DURATIONThis Agreement shall be in effect for the period of January 1,2019 through December 31,2020.
CONTACT PERSONSThe City and the County will each appoint a representative who will be responsible for theadministration of this Agreement. Unless otherwise designated in writing, the City contactperson will be the City's Chief of Police. The County contact person will be the Sheriff sOffice Chief Civil Deputy.
COMPENSATIONThe City has appropriated that public funds be expended to meet this storage need. Thesource of funds is the City budget. Funds for payment of services to be rendered under thisagreement will be available for this purpose. The County will not be obligated to performservices, for which timely payment is not received.
-1-
The city will provide a Payment Authorization Form releasing the county from the need
to send ã *orriny invoice. Payment will be submitted to the County automatically once a
month as per the Agreement amount.
The City and the CountY maY mutually amend this agreement. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind the CitY
and the County.
TERMINATIONE.*pt "t "th**ise
provided for in this agreement, either party may terminate this
agreernent upon thirty (30) days written notióe. If this agreement is so terminated, the
terminating party sháll'Ué UaLte only for performance rendered or costs incurred in
accordancã with the terms of this agteement prior to the effective date of termination. In
the event of termination, the parties agree thãt any property acquired in connection with
this agreement shall remain the property of the party who acquired such property'
DISPUTE RESOLUTIONIn the event that u dirp1rte arises under this agreement, it shall be determined in the
following manner:
The City shall appoint a member to the Dispute Board' The County will appoint a member
to the Dispute Board. The City and the County will jointly appoint a memberto the Dispute
Board. In the event the city and county are not able to jointly aglee on a third member to
serye on the Dispute Boaid, either putty ^uy
petition the Superior Court for Clallam
County to appoinf a third member to the Dispute Èoaø. -The Dispute Board shall evaluate
and aá¡udicate the dispute. The determinâtion of the Dispute Board shall be final and
binding on the Parties hereto.
COMPLETE EXPRESSIONThis agreement, and any written attachments or amendments thereto, constitutes the
complete agreement of ine parties and any oral representations or understandings not
incorporated herein are excluded.
IN WITNESS WHEREOF, the CitY of Port Angeles and Clallam County have signed this
AS date and year written below
Brian S. Smith, Chief of Police W. L. Benedict, SheriffClallam CountY Sheriff s OfficePort Angeles
Date: Date
ö
Nathan est, City Manager Mark Ozias, ChairBoard of Clallam County CommissionersCity of Port Angeles
Date:
as Form:
Clallam CountY Prose
Date:
as torz( n l¡1
.,William E. Bloor, Attorney s Office
3"t4ztAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Departmenr= ¡\$:woRK sEssIoN x Meeting Date: L2lL6l2OL9
REGULARAGENDA x Meeting Dare: L2l3Ll2O1,:9
Required originals approved and attached? XWill be provided on:
Item summary¡n Call for Hearing n Contract/Agreement/MOU - Contract #
n Resolution E Proclamation n Budget Item
n Draft Ordinance ! finat Ordinance X Otner RFP Document (DD)
Documents exempt from public disclosure attached: n
Executive summary:Attached is a Request for Proposals for HHS - Developmental Disabilities Programs. This RFP is forDD Services in Clallam County for the period 0710U2020-1213I12021 (18 months). After that,contracts will run on a two year cycle. The Developmental Disabilities Advisory Committee met andapproved the priorities for funding and we are asking the BOCC to approve the RFP for advertisingTotal funding for the 18 month period is up to $300,000 for all services.
BUdgetary impaCt: (ts there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? !Funding is millage dollars that are in the 2020 budget.
ReCOmmended aGtiOn: (ooes the Board need to act? If so, what is the department's recommendation?)
Approve for advertising.
County Official s¡gnature & print name: (,- l¿ltrt
Name of Employee/Stakeholder attending n9 Kim Yacklin anci Kellev lawrence
Relevant Departments: HHS
Date submitted: l2l lIl20t9
x Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)Agenda ltem Summary.docx
Revised: 3-04-2019
Questions? Call Loni Gores, Clerk of the Board, ext2256
3a-ta{tr
T FOR PROPOSA IF
Clallam County is soliciting proposals from interested parties to provide services to individualswith intellectual or developmental disabilities throughout Clallam County for the period luly L,2020 through December 3L, 2OZL.
Sealed proposals must be clearly marked on the outside of the envelope'HHS/DD MILLAGEFUNDS". Mailing address for proposal is: Board of Clallam County Commissio ners,223 East 4thStreet, Suite 4, Port Angeles, Washington 98362, or hand-delivered to223 East 4th Street, Room150 (County Commissioner's Office), Port Angeles, Washington. Proposals MUST be receivedby 3:00 p.m., Friday, January 31,2020, whether by mail or by hand deliver. Submittals made inan incorrect format will not be considered. Proposals will be opened publicly andacknowledged at the Board of Clallam County Commissioners' Meeting on Tuesday, February 4,2020.
An RFP application and information packet is available on the Clallam County website atwww.clallarn.net or www.clallam.net/HH5 or a hardcopy may be obtained Monday throughFriday, 9:00 a.m. - 4:00 p.m., in the Health and Human Services Departmen t, LLL East 3'd Street(upper floor), Port Angeles, Washington. Telephone 360.4t7.2401or [email protected] rn.wa. us for packets.
Clallam County hereby notifies allthat it will affirmatively ensure that in any contract enteredinto pursuant to this advertisement, disadvantaged business enterprises as defined in Title Vl ofthe Civil Rights Act of 1-964 at 49 CFR Part23 will be afforded full opportunity to submitproposals in response to this invitation and will not be discriminated against on the grounds ofrace, color, national origin, or sex in consideration for an award.
PASSED THIS day of 2020
ATTEST BOARD OF CLALLAM COUNW COMMISSIONERS
Loni Gores, CMC, Clerk of the Board Mark Ozias, Chair
cc: Department
Publish: January 5,2O2O and January L2,2O2OBill: Health and Human Services
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CIalIam CounryHeahth &, Human Services
D eve lopmental D i sabllitiesCounty Millage Funds
Request for ProposalsFor periodJuly I7 2020 - December 31,2021
CLALLAM COUNTY HEALTH & HUMAN SERVICESDEVELOPMENTAL DISABILITI ES MILLAGE FUNDS
The Cfallam County Health and Human Services Department, Developmental DisabilitiesProgram, is requesting proposals for services and programs that support individuals withdevelopmental disabilities with designated millage funds per RCW 71.20.1 10. Millage funds area dedicated portion of the property tax that is required to be expended on developmentaldisability services. Contract for services will be effective Julv 1 , 2020 - December 31 , 2021 (18month period). The local Developmental Disabilities Advisory Committee (DDAC) prioritized andselected the following service areas for this cycle of funding:
. Parent Support Services
. Early lntervention Services
. DD Systems and Services Navigator/Guide
. Training and Education for lndividuals with Developmental Disabilities and/or theirfamilies and caregivers.
A total of $300,000 is available for projects or program services delivered between July 1, 2020and December 31,2021.
Your proposal/application must have one category selected. Only one category can beselected for each application. You can submit more than one application if you are proposingmultiple projects.
PRO POSAL DEADLINE: UARY 31.2020
PROPOSALS MUST BE RECEIVED IN THE CLALLAM COUNTY BOARD OF COMMISSIONERS'OFFICE NO LATER THAN 3:00 P.M. ON JANUARY 31, 2020, WHETHER HAND DELIVERED OR BYU.S. MAIL. NO LATE PROPOSALS WILL BE ACCEPTED. EACH PROPOSAL SHOULD BE IN ASEPARATE ENVELOPE AND HAVE ONE OR|G|NAL AND F|VE (5) COP|ES. THE OUTSIDE OF THEENVELOPE SHALL BE MARKED "HHS/DD MILLAGE FUNDS''
BACKGROUND-MILLAGE FUNDS
ln order to provide additional funds for the coordination and provision of community services forpersons with developmental disabilities, the county governing authority of each county in thestate must budget and levy annually a tax in a sum equal to the amount which would be raisedby a levy of two and one-half cents per thousand dollars of assessed value against the taxableproperty in the county to be used for community services for individuals with developmentaldisabilities.
SCOPE OF WORK
Proposals for Millage Funds must address one of the four priority areas of service and be aprogram or service that supports individuals with developmental disabilities.
This Request for Proposal is available on the lnternet at http://www.clallam.net/ orhttp.//www.cla llam net/HHS/ or by contacting Kelley Lawrence at: Clallam County Health &Human Services; Phone: 360.417.2407; Email: [email protected]. The ClallamCounty Health & Human Services Department reserves the right to make unilateralmodifications to this RFP to address changes on the state and/or local level.
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REQUEST FOR PROPOSAL (RFP) TIMELINEDevelopmental Disabilities - Millage Funds
Date ActivityNovember 7,2O19 DDAC Approval of Priorities
December t6,2OL9December 3L,2Ot9
RFP to BOCC Work session for discussionRFP to Board of Commissioners Meeting for Approval
January 2,2020 RFP Released and Posted (http:l lwww.clallam.net/Advertised in Legal Newspaper U5 and L/L2 (required)
February 4,2020 Proposals opened and accepted at BOCC Mtg.and given toHHS staff.
March 5,2020 RFP Review Committee makes final recommendations forfunding to full DDAC for approval.
March t6,2O2O Work Session with BOCC for funding recommendations.
March 24,2020 BOCC regular meeting. BOCC acts on recommendations.
April 2O2O Contracts are created and sent to County Prosecutor forapproval if required.
May L-Ls,2020 Contracts to Providers for signatures and returned to HHS.
May 26,2020 BOCC regular meeting for contract final approval and BOCC
signature.May 29,2O2O Final contracts mailed out with billing forms.
July 1, 2O2O Services begin
Note - All dotes are subject to change
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I. APPLICANT ELIGIBILITY
This RFP is seeking interested providers, both public and private, with applicablelicensure (if required), experience, and infrastructure to provide support services toindividuals with developmental disabilities within Clallam County.
Any entity submitting a proposal must be able to meet the county liability insurancerequirements through the duration of the project. (see "lnsurance" section).
II. AVAILABLE FUNDING
Up to $325,000 TOTAL for all projects for an 1B-month period beginning July 1 , 2020and ending December 31, 2021.
III. PERIOD OF PERFORMANCE
Funding under this grant program is allocated for an 1B-month period. The period ofperformance for services solicited under this RFP begins July 1 ,2020 and endsDecember 31,2021. Funding is not an assurance or guarantee of ongoing operationalfunding. Proposers are cautioned not to assume a commitment to future funding basedon the receipt of funds in prior years. The funding process is competitive and fundingrecommendations are made based on the relative merits of all proposals received ineach funding cycle.
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PROGRAM AND POLICY GOALSServices should be provided in the most inclusive environment/setting aspossible to support the integration and participation of individuals withdevelopmental disabilities in the community.Services shall not duplicate a service paid by other funding sources (cannotsupplant).
o Supplanting - Means to "replace" or "take the place of." Existing funds fora project and its activities may not be displaced by Millage funds andreallocatêd for other organizational expenses
Services shall be for an individual with a developmental or intellectual disabilityas defined by Washington State in RCW 71A.10.020.
o "Developmental Disability" means a disability attributable to intellectualdisability, cerebral palsy, epilepsy, autism, or another neurologicalor othercondition of an individual found . . . to be closely related to an intellectualdisability or to require treatment similar to that required for individuals withintellectual disabilities, which disability originates before the individualattains age eighteen, which has continued or can be expected to continueindefinitely, and which constitutes a substantial limitation to the individual.
lndividuals shall not be required to pay fees for services and/or activities that arepaid with millage funds.
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V. Program Evaluation
Organizations/providers must participate in a program evaluation for funded services.Grantees must have performance measures developed for each proposal. Theemphasis should be on capturing data at regular intervals that can be used to determinewhether funded services met expectations of the proposed project. Evaluation effortsmust include standardized data collection and reporting processes that show outcomesof services provided.
See below for following types of information
o Quantity of services (outputs) *required*
. Level of change occurring among participants (outcomes) *required*
. Various demographics "required"
. Return-on-investment or cost-benefit (system savings) -highly recommended*
. Other measures (to be identified by Clallam County HHS and/or Provider).Agreed upon measures will be identified in the provider contract.
Vl. Evidence-Based Programs
The Board of Clallam County Commissioners' are committed to supporting programsand organizations that use Evidence-Based Programs (EBP) that have been acceptedas a best practice. Promising, Best Practice and lnnovative Programs will be consideredfor funding, but must include a robust evaluation process. Preference will be given toevidence-based programs that maintain fidelity.
VII. MINIMALTECHNICALREQUIREMENTS
All responses to this Request for Proposals (RFP) must be complete and meet thefollowing minimum technical requirements to be further reviewed. All proposals shall beon plain white paper (8.5 x 11 inches) using 12font with 1 inch margins and stapledonce in the upper left corner. Pages should be numbered, including all attachments.Pages may be double sided. Binder clips may be used to keep pages together. Also,an electronic PDF version of the proposal must be sent to Kelley Lawrence [email protected]. The original (1) proposal and five (5) additionalcopies, including all supporting material, must be sealed in an envelope or box andsubmitted to:
MAILING ADDRESS:
Clallam County Board of CommissionersAttn: HHS/DD Millage Funds223 East4th Street;-Suite #4
Port Angeles, WA 98362
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PHYSICAL ADDRESS
Clallam County Board of CommissionersClallam County CourthouseAttn: HHS/DD Millage Funds
223 East4th Street; Room '150
Port Angeles, WA 98362
DO NOT RETURN TO s _ ALL ARE REQUIRED TO BESUBMITTED TO E BOARD OF C C SS/ONERS, t for oneelectron rc copv sen t to kl aw re n c e@co. c I a I I am.wa. u s.
Please clearly mark the mailing address on the box or envelope. Proposals must bereceived NO LATER THAN 3:00 p.m. on JANUARY 31 .2020. Proposals notreceived by the Proposal deadline will not be considered for review. lf a Proposalis mailed to a location or office that is not designated for receipt of the Proposaland, as a result, the designated office does not receive the Proposal by thedeadline, the Proposal will be considered late and ineligible for review.
VIII. GRANT PROPOSALSAll grant proposals will be screened and rated based on the following information
lnstructions for Completing the Grant Proposal Project Narrative:Using Attachment B: Narrative Template and Budget for Grant Proposals, pleaseprovide the following information. The Narrative is limited up to 10 pages.
Narrative lnformation
1. Orqanizational Capacitv 20 Points
A. Organizational Governance and Financial AuditProvide a description of your internal governance and leadership structure.Provide a description of your basic managerial and fiscal structure includingprogram management, accounting and internal controls. Submit the results ofyour Agency's most recent financial audit. lnclude description of anydisallowed costs, questioned costs and administrative findings. Explain yourplan or response to any findings.
B. History of Project ManagementProvide evidence and examples of similar projects implemented andmanaged which demonstrates the ability of the organization to successfullyimplement and manage publicly funded projects in a timely manner, withinbudget, and consistent with funding requirements.
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C. Staffing CapacityProvide a complete list of staff positions for the project, including the ProjectDirector and other key personnel, showing the role of each and their level ofeffort and qualifications.
2. Communitv Needs and Benefit 20 Points
A. Needs and Target PopulationWhat do you identify as the community need? The statement of need shouldinclude a clearly established plan of service. What is the target population youintend to serve, and what is that populations' unmet need or gap in servicesyou propose to address? How many people in Clallam County are in need ofthe service you propose and how many individuals within thís targetpopulation will you serve during the grant period?
B. OutreachDescribe your outreach plan for your target population and how it ensuresthat eligible persons learn about and have access to your program.
3. Proiect Description 40 Points
A. Project DescriptionDescribe your project. lnclude what services you will provide, when you willprovide them and where services will be delivered. Provide a timeline forimplementation.
B. EvaluationDescribe your plan for program evaluation, including data collection,management and analysis. Use the Evaluation Worksheet (Attachment C)to describe: 1) Goals; 2) Activities and; 3) Objectives Objectives must bemeasurable and include both outputs and outcomes. One output should bethe number of individuals served. Outcomes are benefits or changes forprogram participants and may relate to behavior, skills, knowledge, attitude,values, conditions, or other attributes.
C. Evidence-Based, Promising, Best, or lnnovative PracticesWhat evidence-based, promising, best or innovative practice(s) will you use toserve your target population? Preference will be given to evidence-basedprograms that demonstrate fidelity, however, promising, best, and innovativepractices will be considered for funding, but EBP will score higher.
D. Community lnclusion and lntegrationDescribe how your services or project will provide inclusion for participants inthe community and how you intend to integrate with other programs in thecommunity What kind of impact will the project have?
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4. Proiect Budqet 20 Points
A. Budget NarrativeProvide a narrative justification of the items included in your proposed budgetand a description of existing resources and other support you expect toreceive for the proposed project. Provide clear evidence that the projectscope will not supplant current project funding, and confirm that other fundingsources are exhausted prior to the utilization of these funds.
B. Project BudgetFunding under this grant program is allocated for a 1B-month period. Submit acomplete budget of the project including any in-kind match.
IX. REVIEW AND SELECTION CRITERIAThe Clallam County Developmental Disabilities Advisory Committee will convene areview committee and evaluate eligible proposals and make recommendations to theClallam County Board of Commissioners. Only individuals who do not have a conflict ofinterest will participate on the review committee.
Grant Proposals will be evaluated as per section Vlll. The review committee willconvene to develop written questions they have regarding each proposal. Proposerswill be notified of the date and time to appear before the committee for a question andanswer session. Proposers will give a 10 minute summary of their proposed project andthen have time to âddress the questions from the committee. The sessions are used tofurther the evaluation process and clarify questions raised by the written proposals. Beprepared to respond to questions about the proposal related to project design, budget,and community inclusion. Please bring the persons within the organization that canprovide a response to these questions.
All applicants will be notified in writing of the acceptance or rejection of their proposals.lf a proposal is not selected for funding, the organization may resubmit a proposal at thenext grant cycle for 2022-2023.
U nacceptable ProposalsSome examples of what would constitute an unacceptable proposal are those whichmeet at least one of the following criteria:
A. Does not address all the requirements of the particular project..B. Demonstrates that the applicant does not understand the requirements of
the RFP or the project.C. Contains inappropriate or unreasonable costs.D. Does not meet the deadline for submittal.E. Does not meet the prescribed number of copies for submittal.
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X. CONTRACT TERMS AND CONDITIONS AND INSURANCE REQUIRMENTS
GENERAL CONDITIONS
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Scope of Contractor's Services. The Contractor agrees to provide to the Countyforth in the proiecfnarrativê identified as
Attachment A durinq the aqreement period. No material, labor. or facilities will befurnished by the Coúnty, uñless otheiwise provided for in the Agreement.
Accountinq and Pavment for Contractor Services. Pavment to the Contractor foras sêt forth in Attachment B.
Unless soecificallv stated in Attáchment B. the CounW will not reimburse theContract'or for an'y costs or expenses incuired by the'Contractor in theperformance of this contract. '
The Countv shall comoensate the Contractor throuqh the Countv voucher svstemfor the Contractor's sérvice pursuant to the fee schédule set forth ¡n AttachmentB.
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or entity withoutleqated or subcontracted to aañd prior written approval of
ed personal and nony other individual,tlíe County Project'
Contractor's services are deem
The Contractor's services shall be furnished bv thecontained éhall bendent contractor and noth
relationship of employer/eming hereinployee or master/servant.
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Ma nager.
rasanconstrued to create a
The Contractor acknowledqes that the entire compensation for this Aqreement issoecified in Attachment B ãnd the Contractor is nöt entitled to anv coúntv benefitsincludinq, but not limited to: vacation pav, holiday pav, sick leave pay, mêdical,dental o7'other insurance benefits, or anú'other ríqhts br privileqes afforded to'Clallam Countv emplovees. The Contractor reprelents that it mãintains a separateplace of businêss, öerves clients other than the County, will report all income andêxoense accrued'under this contract with the Internal'Revenue Service on abu'siness tax schedule. and has a tax account with the State of WashinqtonDeoartment of Revenúe for oavment of all sales and use and Business ändOcöupation taxes collected by the State of Washington.
In the event that either the state or federal qovernment determines that anemplover/emplovee or master/servant relatiõnship exists rather than anindi-'oeindênt öon'tractor relationshio such that Clallam Countv is deemedresobnsible for federal withholdino. social securitv contributiôns. workerscorhpensation and the like, the Coñtractor.agrees.to reimburse Clallam County foranv bavments made or reouired to be made-bv Clallam Countv. Should anvoaúrhents be due to the Cóntractor oursuant tó this Aqreemerít. the Contra'ctoragiees that reimbursement may be inade by deductinþ from suth future paymentsaþro rata share of the amount'to be reimbúrsed,
Notwithstandinq anv determination bv the state or federal qovernment that anemolover/emolóvee or master/servant relationshio exists. tñe Contractor. itsoffiber3, émployées and agent's, shall not be entitled to ahy benefits that'ClallamCounty'provide's to its emþloyeês.
No Guarantee of Emolovment. The performance of all or part of this contract bvtetov.estanvemploymenti¡qhtswhatsoeverand,
shall not be deemed to gúarantee any emþloymeni of the Contractor or anyemployee of the Contraðtor or any subcontraôtor or any employee of anysubcontractor by the County at thê present time or in the füturê.
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Requlations and Requirements. This Agreement shall be subject to all federal,regulat-rons,
Riqht to Review. This contract is subiect to review bv anv federal or state auditor.T-h'õTouñW shãll have the riqht to reúiew and monitor thé financial and servicecomDonenis of this oroqrambv whatever means are deemed exoedient bv theCountv Proiect Manaoeí. Suclí review mav occur with or without notice. ánd mavincludê. but is not lim-ited to. on-site insoeôtion bv Countv aoents or emblovees.inspectíon of all records or other materials that tlíe Countv deems pertirìent to iheAqieement and its performance. and anv and all communications with oreüaluations bv servìce recipienté under this Aqreement. The Contractor shallpreserve and'maintain all financial records an"d records relatinq to the performancebf work under this Aqreement for three (3) years after contracl termination. andshall make them avalable for such review, with¡n Clallam CounW, State of '
Washington, upon request, during reasonable business hours.
Modifications. Either party may request changes in the Agreement, Any and allãgreeilmof,ifications shall'be iñ writing, signe"d by each oF the parties.
Termination for Default. If the Contractor defaults bv failino to oerform anv of theffictorbecomesinsolventorisdeclarédbänkruptorinakesan aíssiqnment for the benefit of creditors, the CounW may, by depositinq writtennotice fo the Contractor in the U.S. Mail. oostaoe orebaid.'termindte thetontract.and at the CounW's option, obtain performancã of thè work elsewhere. If thecontract is termiriated for default, the Contractor shall not be entitled to receiveany further payments under the contract. Any extra cost or damaqe to the C.ountyresulting from'such default(s) shall be deductêd from any money due or cominqdue to tÍe Contractor. The Contractor aqrees to bear anv extra'exÞenses incur"redbv the Countv in comoletinq the work. inõludino all increásed costs'for comoletinotlíe work, anó all Çani.age sÚstained, ór which ñay be sustained by the County bÍreason or sucn oerault.
If a notice of termination for default has been issued and it is later determined foranv reason that the Contractor was not in default. the riqhts and obliqations of theparties shall be the same as if the notice of termiñation ñad been issuêd pursuantto the Termination for Public Convenience paragraph hereof.
Termination for Public Convenience. The CounW mav terminate the contract inWdeterminés,in,itssolediscretionthatsuch
termination'is in the interests of the CounW. Whenever the contract is terminatedin accordance with this oaraqraph. the Contractor shall be entitled to oavment foractual work oerformed for cõméleted items of work. An eouitable adiustment inthe contract'price for partially iompleted items of work will'be made,'but suchadiustment shall not ihclude brovision for loss of anticipated profit on deleted oruntomoleted work. Termination of this contract bv thé CounW at anv time durinqthe terin, whether for default or convenience, shall not constitute a breach ofcontract by the County.
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11. If sufficient funds for oavment under thisrêdûced, or otherwisedays written noticeCoúnty in the event
Termination Procedure. The following provisions apply in the event that this@d:
(a) The Contractor shall cease to oerform anv services reouired hereunderàs'of the effective date of terminatio¡ and sháll comply with all reasonableinstructions contained in the notice of termination, if ahy.
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fb) The Contractor shall orovide the Countv with an accountinq olàuthorized services provided through the effective date of termination.
(c) If the Aoreement has been terminated for default. the Countv mavwítnnolO a sÚm from the final payment to the Contrac-tor that the Countydetermines necessary to prote'ct itself against loss or liability.
Defense and Indemnity Aqreement.13.
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(a) The Contractor aqrees to hold harmless, indemnifu and defend theCounty, its officers, officials, employeçs and'agents, from and against anyand all'claims, actións, suits, liabil¡Ú, loss, expénseé, damages a"ndiudoments of
'anv natúre whatsoevéi. includinq reasbnable costs andätto"rnevs'fees in defense thereof. foi iniurv, sickness, disabilitv or death tooersons or damaoe to orooetv (includin-q ló3s of use thereofl ór business(including econorú¡c loss),'caubeT by or ãrising out of the Coñtractor's acts,errors or-omissions.in the p,erforma.ncq.qf theto.ntracL. Provid.ed,.howeveÉ,that the Contractor's obligation under this provision will not extend to injury,sickness. disabilitv. death"or damaoe causéd bv or arisinq out of the solenegligen'ce of the'County, its office"rs, officials,'employeeÉ or agents.
lb) With reoard to anv claim aqainst the Countv. its officers. officials.èúployees a"nd agents by any e"mployee of the Ç'ontractor, sûbconlrabtor,anvonê directlv oi indireótlv émolóved bv anv of them. or'anvone for whoseacts anv of thém mav be liäble.'thé indeinnification otiliqatioñ under thisSection'will not be lirhited in arív way bv any limitation on the amount orWoe of damaoes. comoensatiorí or benêfits'pavable bv or for the ContractoroT subcontraclor'undei workers' compensatibn'acts, disabiliW benefit acts orother employee benefit acts. It is cleiarly agreed and understood. by theoarties to thê Contract that the Contractbr éxpresslv waives anv immunitvthe Contractor miqht have had under such laws. Bú executinq the Contráct,the Contractor acKnowledges that the foregoing wajver has bëen mutually '
neootiated bv the oarties ãs is reouired bvRCW 4.24.L15. and that thepro'visions of'this Section will be incorporáted, as relevant, into any contractthe Contractor makes with any subcontractor or agent performing.workunder the Contract.
fc) The Contractor's obliqations under these provisions include, but are notlìm¡teO to, investigating,.ãdjusting, and defending all claims alleiging lossfrom actton. error or omrssron. or Dreacn oI anv common law, statutory orother delegãted duty by the C'ontractor, the Contractor's emþloyees, aþentsor subcontractors.
Venue and Choice of Law. In the event that anv litiqation should arise concerninqffiretationofanyofthetermÉofthisAqreement,thevenue of such action sháll be in the coúrts of the State of Washinqton in and forthe Coun$ of Clallam. This Agreement shall be governed by the [aw of the Stateof Washinþton.
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Riahts and Remedies.ffiielimitafion of any dutiesavailable by law.
The duties and obliqations imposed bv this Aqreement ands available hereundér shall be'in additíon to a"nd not a, obligations, rights and remedies otherwise Ímposed or
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(a). Tha! Contractor shall be notified promptly in writing by County of anynotrce or sucn clarm.
(b) Contractor shall have the riqht, hereunder, at its option and expense, toòbtain for the Countv the riqht tó cbntinue usinq the information. ¡ri theevent such claim of ínfrinqe"ment, is made, provr*ded no reductiorí ¡nperformance or loss results to the County. '
Disputes:20.
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In connection with anv aopeal under this clause, the Contractor and CounWshall have the oooortúnifu'to submit written materials and arqument and tóoffer documentárv evideríce in support of the aopeal. Oral aíqument andlive testimonv wilf not be oermitteid. The decisi'on of the CountvAdministratoÉ for the determination of such appeals shall be finâl andconclusive. Reviews of the appellate determination shall be brouqht in theSuoerior Court of Clallam CoúnW within 15 davs of mailinq of the writtenaobellate determination. Pendinq final decisioir of the disóute. theCbhtractor shall proceed diligentfy with the performance of thi's Agreementand in accordanie with the ðecisíon renderéd.
lc) Detailed Claim. The Contractor shall not be entitled to claim anv suchàdditiõnal cornoensation. or extension of time, unless within 30 davs of theaccomplishment of the poftion of the work from which the claim aÉose, andbefore'final payment by the County, the Contractor has given the CounÇ adetailed written statemênt of each'élement of cost or otñer compensationrequested and of all elements of additional time required, and copies of any
:iå0¡ß?ä'i3 $S:fl:t,s evidencins the amount or thè exténsion of time
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MADS,digítalsubco
materntractors
sole and absol uteIS USCthat ohrase
Conti'actor andlor
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Interest shall accrue at the rate of 12 percent (!Zo/o) per annum from the time theCounty Project Manager demands repäyment cjf funös.
Project Approval. The extent and character of all work and services to bepefñrmeflu-niler this Aqreement by the Contractor shall be subiect to the reviewand approval of the County Project'Manager. For purposes of this Agreement, theCounty' Project Manager is:
Name: Kelley LawrenceTitle: Dev. Disabilities CoordinatorAddress: 111 E. 3'd StreetTelephone : 360-417 -2407E-mail : [email protected]. us
In the event there is a dispute with reqard to the extent and character of the workto be done, the determination of the CounW Project Manaqer as to the extent andcharacter of the work to be done shall govern súbject to tñe Contractor's right toappeal that decision as provided herein.
Non-Discrimination. The Contractor shall not díscriminate aqainst anv Derson onffireed,politicalideoloqv,color,nationalorÍqin,sex,lriaritalstatus, sexual oríentaticjn , ãgê, or the p"rê'sence 'of any sensolry,'mental or physicalhandiiap.
SUIn the event that the Contractor emolovs the use of anv
the contract between the Contractor'anó the subcontractor shallsubcontractor is bound bv the terms of this Aoreement between
the Contractor. The Contiactor shall insure thãt ¡n all subcontracts[tY arnto, lam County is named
th full rights as such.
atnd
entered Clalsuch contracts wi
un ess a more sConditions or
30. Severability.
as an express third-party beneficiary of
orovidethe cou
No Third Partv Beneficiaries. This aqreement is intended for the benefit of onlvThisagíeementdoesnotconferanybenefits,rights,
or pnvrleges upon any tnrrd party.
Standard of Care. The Contractor shall perform its duties hereunder in a mannercoñ5ßtêñt wlth-ïhat deqree of care and 'sk¡ll ordinarilv exercised bv members ofthe same profession as-the Contractor currentlv oracticinq under similarcircumstances. The Contractor shall, without ádditional c"ompensation, correctthose services not meeting such a stãndard.
28.
29
pe oftime oeriod is set forth in eitheWork.
oerformanceI the Special
Time is of the essence in the of this contractTerms and
Notice. Except as set forth elsewhere in the Aqreement. for all DurDoses under[h--is Aqreemeht, except service of process, anv"notices shall be qiv€ln bv theContrãctor to the Cor-inW Proiect Manaqer. Nótice to the Contrattor foÉ allpurposes under this Aqrêemént shall bé qiven to the Derson executino theAgrêement on behalf õf the Contractor a[ the address identified on thê signaturepage.
If anv term or condition of this contract or the application thereof to) or círcumstances is held invalid, such invaliditv shall not affect otherions, or applications which can bê given effect i,vithout the invalid
any person(sterms, condit
1.4
31
36
32.
33.
34.
35.
term, condition or application. To this end, the terms and conditions of thiscontract are declared severable.
Precedence. In the event of inconsistencv in this Aqreement. unless otherwiseprovldeclf-erein, the inconsistency shall bê resolvedby givinçj precedence in thefollowing order:'
(a) Applicable federal, state, and local statutes, ordinances, and regulations;
(b) Scope of Work (Attachment A) and Compensation (Attachment B);
(c) Special Terms and Conditions (Attachment D); and
(d) General Conditions (Attachment C).
Waiver. Waiver of anv breach or condition of this contract shall not be deemed awãñer of any prior or'subsequent breach. No term or condition of this contractshall be held'tö be waived, modified, or deleted except by an instrument, inwriting, signed by the parties hereto.
Attornev Fees. In the event that litiqation must be brouoht to enforce the termsõf-thls agreement, the prevailing pafty shall be entitled tó be paid reasonableattorney"fees.
Construction. This aqreement has been mutuallv reviewed and neqotiatedÞam¿s and*ould bð given a fair and reasonablê interpretation anó shouldbonstrued less favorably against either party.
bv theríot be
Survival. Without beinq exclusive, Paraqraphs 4,7,13-19. 2I-22 and 31-35 offh-eTe General Conditioñs shall survive a"nv termihation. exbiration. ordetermination of invalidiW of this Aqreemênt in whole 'or in part. Anv otherParagraphs of this Agreement whicñ, by their sense and context, are intended tosurvíve shall also suryrve.
Entire Aqreement. This written contract represents the entire Aqreement betweentne pafriês a-ncf-supersedes any prior staterhents, discussions or"understandingsbeh,veen the padiès except as'piovided herein.
SPECIAL TERMS AND CONDITIONS
1. Reportinq. The Contractor shall submit written progress reports to theCounfrProtect Manager as set forth below:
ffi Witn each request for payment.
I Monthly.
X Quarterly.
Semi-annually.
Annually.
Project completion.
15
X
Reoorts shall include anv oroblems. delavs or adverse conditions whichwill materiallv affect thei Contractoi's abíl¡W to meet oroiect obiectivesor time schêdules toqether with a statêment of 'action taken ororooosed to resolve -the situation. Reoofts shall also includei'ecommendations for changes to the Scope.of Work, if any. Paymentsmay be withheld if reports ãre not submitted.
2. Insurance. The Contractor shall maintain in full force and effect durinqthe ïerrn ofthis Aqreement, and until final acceptance of the work, publiðliability and propeity damage insurance w.ith companies or through
'sources
aooroúed bv the státe insuíance commissioner ouirsuant to RCWT¡tle 48. asnbw or heréafter amended. The Cou4ty,..its apþointed and elected officiäls,aqents and emplovees, shall be specificãlly nained as additional insureds in aoólicv with the'sarhe cômoanv which insuÉes the Contractor or bvêndo'rsement to an existiriq pôlicv or with a separate carrier appÉovedpursuant to RCW Title 48,ãs now or hereafter amended, and'the followingboverages shall be providêd:
I Otner (specify):
Quarterlyoutcomes
measurable
COM M ERCIAL GEN ERAL LIABILITY:
Bodily injury, including deathper occurrence
aggregate
$500,000
$1,000,000
Property damageper occurrence
aggregate
ERRORS AND OMISSIONS or PROFESSIONALLIABILITY with an Extended Repofting PeriodEndorsement (two year tail)
$1,000,000
X WORKERSCOMPENSATION: Statutory
TF USING VEHICLES FOR.SERVICES BEING .CO.NTRACj-ED :
X AUTOMOBILE: coverage on owned, non-owned, rented and hiredvehicles
Bodily injury, liability, including deathper occurrence
$
$
1_6
$500,000
aggregate
Property damage liabilityper occurrence
$1,000,000
$
aggregate $
X BUSINESS AUTOMOBILE LIABILITy: 91,000,000per occurrence
If the Errors and Omissions or Professional LiabiliW insurance obtained isan occurrence policy as opposed to a claims-made policy, the ExtendedReporting Period Eddorseinent is not required.
Anv such policv of insurance the Contractor is required to obtain andmaintãin our'suant to this Aoreement shall be orimarv over anv third oartvliability cciverage provided tó Clallam County 6y and through ifs memberdhipin the'Washind'ton Counties Risk Pool or WCRP'. The third"partv liabilitvcoverage provided by the WCRP to Clallam County shall be norí-contritíutorywith reÉoéct to anv óolicv of insurance the Contrattor is reouired to obtainand maihtain pursúánt tó this Aqreement. The CounW shall'have noobliqation to r'epoft occurrences"unless a claim or lawsuit is filed with it andtheCounty has'no obligation to pay any insurance premiums.
Evidence of primary i¡gurance coverage shall be- submitted to the CountyProiect Manaoeir withih 20 davs of the eiecution of the Aoreement. TheAgrêement sñall be void ab initio if the proof of coverageis not timelysúpplied.
If the proof of insurance or ceftificate of coverage indicating the County isan "additìonal insured" to a policv obtained bv the "Consultant Ïn order tocomolv with this aoreement'refeÉs to an endorsement (bv number.abbr'eúiation or nafte) but does not provide the full texl óf tnatendorsement, then it.shall be the obliqation of the Consultant to obtain thefull text of thät endorseme¡t and fon¡Íard that full text to the County within30 days of the execution of this Agreement.
The coveraqe limits identified herein shall not limit the ootential liabilitv ofthe Contractor-and the Contractor's duW to defend, indeninifu, and hold '
harmless shall apply to any liability beyond the scope of insuiance coverage.
3. Liouidated Damaqes. For delavs in timelv completion of the work to bedoffinesofthe,workinpÉoqresb,theContractorshallbeassessed Dollars ($ ,) per dav as liquidated damaqes and not asa oenalW because the CòÛntv firíds it imbractical to calculatethe actual costof delavé. Liouidated damaqês will not be assessed for anv davs for whichan exténsion bf time has beén oranted. No deduction or oavmênt ofliouidated damaoes will. in anvteqree. release the Contráctôr from furtherobligations and fnbilitie3 to complõte the entire project.
4. Other (specify):.
17
XI. ATTACHMENTS
ATTACHMENT A - Grant Summary Page
ATTACHMENT B - Narrative and Budget Template
ATTACHMENT C - Evaluation Worksheet
18
ATTACHMENT A2O2O-21GRANT SUMMARY
CLALLAM COUNTY HHS - DEVELOPMENTAL DISABILITIESMILLAGE FUND RFP
Organization Name:
Proposal Title:
Please Check One E Parent Support Services tr Early lntervention Services
tl DD System and Service Navigator/Guide tr Training and Education forI ndividuals with DevelopmentalDisabilities and/or their families
Proposal Summary:
Requested Funds Amount: $
Matching/ln-kind Funds Amount: $ , , .' ,
Street Address:
City:
Primary Contact: Phone: E-Mail:
Non-Profit Status: 501C3 of the tnternal Revenue Code? tr Yes tr No
FederalTax lD Number:
lf incorporated, attach a list of the membe.rs of ,the Board of Directors, including names
and addresses.
lf not incorporated (sole proprietor or partnership), attach a list of the names and
addresses of the principals.
a
a
Signature Title Date
L
ATTACHMENT B
NARRATIVE TEMPLATE AND BUDGET
CLALLAM COUNTY HHS _ DEVELOPMENTAL DISABILITIES
All Proposals will be screened and rated based on the following Narrativeinformation using the template below. The Narrative is limited up to l0 pages.
1. Orqanizational Capacitv
A. Organizational Governance (attach most recent financial audit)
B. History of Project Management
C. Staffing Capacity
2. Gommunitv Needs and Benefit
A. Needs - Gaps in Services and Target Population
B. Outreach Plan
3. Proiect Description
A. Project Description (Who, What, Where, When)
B. Evaluation. Goalso Activities. Objectives
C. ls your project an evidence-based or Promising Practices (explain)
D. Community lnclusion and lntegration (explain)
4. Proiect Finan I Feasibilitv
A. Budget Narrative
(See Next Page for Budget Worksheet)
Attachment B-Budget
Budget Template
Developmental Disabilities - Millage Funds
Budget Form Amount Sub Totala Personnel (Name/Position/Hrly. Rate
b Benefits (Explain)
ic Direct Expenses (Explain)
d Other Expenses (Explain)
e 1oo/o of Salaries Only
Attachment CINSTRUCTIONS:Evaluation is the collection of information about a program in a systematic and defined mannerto demonstrate success, identify areas for improvement and lessons learned. Every program hasat least one end goal and might have several - one or more activities are required to makeprogress toward meeting the goal. Progress is measured with one or more objectives that mightcover an output (number of something) or outcome (change over time) due tò the program.
DEFINITIONS:Goal A broad statement or a desired, longer-term, outcome of a program. A program can
have one or multiple goals. Each goal has a one or more related specific objectivesthat, if met, will collectively achieve the stated goal.
Activify: Work performed to produce specific outputs and outcomes.
Objective: A statement of a desired program result (specific, measurable, achievable, realistic,and time-bound).
Output: Results of program activities; the direct products or deliverables of programactivities; such as number of: sessions completed, people served, materialsdistributed.
Outcome: Effect of a program (change) - can be in: partieipant satisfaction; knowledge,attitude, skill; practice or behavior; overall problem; or a measure of retum-on-investment or cost-benefit. Identii'any measures that are "fidelity" measures for anevidence based practice.
Attachment CEvaluation
utput/Outcomeo
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2l'*t+/et
Will be provided on:
ftem summary:n Caltfor Hearing
t-lI Resolution n Proclamation
n Draft Ordinance ! f¡nat Ordinance
Documents exempt from public disclosure attached: tr
AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)
DepaÉment: Auditor
WORK SESSION E Meeting Date: L2lt6l2OLg
REGULARAGENDA E Meeting Date¡ L2|SLI2OL}
Required originals approved and attached? E
n Contract/Agreement/MoU - Contract #
I Budgetltem
fl ottrer
Executive summatytRCW 36.32.210 sets out the requirement for an inventory'of County capitalized assets and requiresthat the Board of Commissioners certifo and file the inventory with the Auditor annually.
BUdgetary impaCt: (ts ürere a monetary impact? tf so, are tunds for this already allocated or is a budget change necessary? Ifthis is a contract and a budget change is necessary the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? nNo budgetary impact.
RgCOmmendgd aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)
Recommend Board approve and adopt the attached resolution.
County Official signature & print namei
Na me of Em ployee/ Stakeholder attending meeti ng : Karen ehlsten
Relevant Departmentsl Auditor
Date submitted t L2l IU20L9
x Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)Agenda Item Summary 123118.doo<
Revised: 3-04-2019
Questions? Call Loni Gores, Clerk of the Board, ext2256
RESOLUTION 2019
CERTTFYING COUNTY CAPTTALIZED ASSET INVENTORY AS OF DECEMBER 31, 2O1B
THE BOARD OF CLALI.AM COUNTY COMMISSIONERS fínds as follows:
1. RCW 36.32.210 sets out the requirements for an inventory of county capitalized assets andrequires that the Board of Commissioners certify and file the inventory with the Auditor annually
2. The Auditor has conducted a full and complete inventory as of December 31, 2018 andpresented it to the Board of Commissioners.
3. The Board has examined the attached inventory as prepared by various depaftments in ClallamCounty and compiled by the Auditor's office and believes it to be true and correct.
NOW, ïHEREFORE, BE IT RESOLVED by the Board of Clallam CounÇ Commissioners, in consideration ofthe above findings of fact:
1. That the Board ceftifies the attached inventory as presented and files the same with the Auditor.
PASSED AND ADOPTED this day of 2019
BOARD OF CI.ALLAM COUNTY COMMISSIONERS
Mark Ozias, Chair
ATTEST: Bill Peach
Loni Gores, Clerk of the Board Randy Johnson
J:\AUDlTORS\Accounting\fixed asset continuing\123L20L7 fixed asset fileS\bocc resolution for 12312017.doc
426 Manage/s Residence Camp David, Jr426 Manager's Residence Camp David, Jr427 Slall Gabin Replacement428 Skylights Replacement429 Lodge Front Stairway Replace430 Robin Hill Farm lmprovements431 Vault Toilet - Quitlayute435 Water System - Camp David Jr447 Vault Toilet - Cline Spit448 Vault Toilet - Pillar Point449 Lake Pleasant Park Renovation450 Camp David Lodge Reroof451 Salt Creek Reroofs/House/RR/Shel454 Playground - Dungeness457 Water System - Camp David Jr459 Water Heater/Boiler - Jail650 Taylor Cutoff Property/ 3 waters700 PT Voice of America/Dungeness710 PT Voice of America/Dungeness
1120 PT Salt Creek1130 PT Salt Creek1140 PT Salt Creek1 148 PT Lot 4 25-31-8 Freshwater1 152 Freshwater Bay lidelands Par A/B1300 Camp David, Jr.1625 Clallam Bay1700 Lot33 Lake Pleasant1705 Lot34 Lake Pleasant1900 Quillayute River Property5082 Fluid Cooler5085 Seal Coating Parking Lot6000 McCool Prop Ct Park (Robin Hiil)6000 McCool Prop Ct Park (Robin Hill)6026 Diskict Court Remodel6027 Bird Deterrents-Courthouse6028 Roof Replacements-Camp David, Jr6029 Replace Floor Coverings-Courthouseô030 Parking Lot Repair-Courthouse6031 Piling/Float Repair-Camp David, Jr.6032 Relocate Dump Station-Dungeness6033 Replace Beach Handrails-Salt Creek
Canon lRAC3530| Color
80 Water Lines, Hydrant,Fire System93 Security Fencing 1350 Feet
154 SewerUpdate198 Roof Agriculture Building216 lrrigation System217 Parking Lot lmprovements
JAVS Recording System UpgradeJAVS Recording System UpgradeJAVS Recording System UpgradeReal Presence AV systemReal Presence AV systemCanon lRA4235Upgrade AV systemJAVS AA/ Upgrade Juvenile CourtJAVS AA/ Upgrade Superior CR2JAVS A^/ Upgrade Superior CR3
2 prefab storage buildings plus installationGPS Clock SystemLE West simulcast Equip for SLP & NPTTransmitter, Amplifier, DuplexerReplacement for LE Central RadioReplacement for LTAC Forks radio
'1 Veterans' Center Remodel2 Roof Replacements-Dungeness3 Roof Replacements-Camp David, Jr.4 Beach Cabin Remodel-Camp David, Jr.5 Floor Covering Replacement-Courthouse6 HVAC Upgrades-Courthouse7 Cental Shower-FairI Grandstand PA System-Fair9 Dungeness Landing Development
10 lrrigation System Expansion-Fair11 Sidewalk-Fair12 Gate Replacement-Dungeness13 Electric Range and Grill-Jail14 HVAC Upgrades-Courthouse15 Roof Replacements-Camp David, Jr.16 Floor Covering Replacement-Courthouse17 Central Restroom Remodel-Fair'18 Home Arts Building lmprovements-Fair19 Horse Barn #3 Restroom Remodel-Fair20 Boat Launch Developments-Dungeness Landing21 Parking Lot Renovation-Courthouse23 Courthouse-HVAC Upgrades24 Camp David, Jr. - Roof Replacements25 Courthouse-Paint Exterior and Fascia26 Salt Creek-Park Renovation27 Camp David, Jr. - HVAC Replacement28 Fairgrounds-Midway Asphalt Overlay29 Courthouse-Parking Lot Renovation30 Robin Hill-Water System31 Fairgrounds-Pump Lift Station Rebuild32 Fairgrounds-Bleacher Replacement
Salt Creek - Entrance GateCourthouse - HVAC UpgradesSalt Creek - Park RenovationCourthouse - Floor CoveringsCourthouse Jail - Replace Padded CellJail - Replace Electronic DoorsVeterans Ctr - Exterior Paint & RepairCamp David Jr. - ReroofsFairgrounds - Asphalt OverlayFairgrounds - Merchants Bldg ReroofFairgrounds - West StageVeterans Ctr - ReroofParking Lot RenovationParking Lot Renovation (completion)Fairgrounds - Parking Lot lmprovementsQuillayute Park Easement RoadCourthouse - Hallway & Door SecurityReplace Jail FencingHVAC Upgrades-Courthouse
serial Number class Purchased Life Aged Amount Location sub Revenue
Salt Creek RenovationRemodel Picnic ShelterFairgrounds West StageFloor CoveringsReplace Front DoorsRenovate BCCC Meeting RoomReplace Restroom - Loop #1Log Cabin RenovationRemodel Horse Barn #1Grandstand GuttersReplace Roof Home Arts BldgRenovate Home Arts Kitchenlmprove Parking Lot LightingFairgrounds - Parking Lot lmprovementsPump Station Horse Barn #3Courthouse - Hallway & Door SecurityReplace Camera Recording SystemHistoric Courthouse Replace Heating SystemHVAC Upgrades-CourthouseSalt Creek RenovationFairgrounds West StageFloor CoveringsRenovate BCCC Meeting RoomReplace Restroom - Loop #1Log Cabin RenovationFairgrounds Home Arts KitchenCourthouse lmprove Parking LotCourthouse Office Remodel CD/EHCIB RemodelCamp David Jr Water System UpgradesDungeness ChipsealHorse Arena SurfacingFairgrounds West StageRenovate BOCC Meeting RoomLog Cabin RenovationFairgrounds Home Arts KitchenBradley House relocation from River's EndBradley HouseRemodel Basement OfficesCIB RemodelDC ll RemodelNorth Plaza and MidwayNew Dump StationReplace Heat System - Historic CourthouseRoof Replacement - New CourthouseNew Breathalizer RoomClallam Bay (West)Historic courthouse interior/exteriorFairg rounds Backf low preventionHVAC Upgrades - CourthouseSolar Panel lnstallation
serial Number class Purchased Lde Aggd Amount Location sub Revenue
Historic Courthouse ReroofRodeo Fence ReplacementFairg rou nds Security LightingReplace 3rd Street RoofJAVS Recording System DC1Courthouse Wireless Panic AlarmDungeness Landìng Piling ReplacementFairgrounds Floral Barn StructuralFairgrounds Goat Barn ExtensionThird Skeet RenovationDisc Golf Course with (2) 20 ac parcelsFairgrounds West Stage CoverSalt Creek Water SystemReplace Jail Roof
Sheriff lmpound Lot FencingBackup CompressorCourthouse Parking Stormwater RetrofitJail Camera lnstallationTelephone System UpgradeCourthouse GroundingCourthouse Boiler ReplacementDungeness Rec Area Site lmp
1 RabbiUPoultry Barn2 Auditor Remodel3 Security lmprovements-Courthouse4 Piling/Float Repair-Camp David, Jr.5 Slip Point Lighthouse Sewer6 Superior Court Recorder Upgrade7 Remodel of Old Juvenile Center (ClB)8 Security Camera Replacements-Juvenile9 Tables & Grills-Dungeness
10 Rescue BoatCamp David Jr11 Fair Fencing lnstallation and Repairs12 Quillayute River Park Easement Road13 IBM i5 Express (4S400)14 IBM iSeries 520 (AS400)15 Cisco PIX Firewall
100 IBM Xseries 345 CPU KPWFKI6Aud itor/Commissioner RemodelSmoking Shelter - CourthouseCourthouse - Jail OvenFairgrounds - Mobile Stage UnitJuvenile Center - Security CamerasJail Clothing DryerFencing, Wash Rack & Signage
Fixed Assets Master File121'112018
Items Over 95,000
023031-340025 & 340100
also # 1404 in Fair
Zodiac420
5F10E 9405-5205F10E 9405-520888080522598670 61
serial Number class Purchased lfe Aged Amount Location sub Revenue
700700700700
13700700700700700700700790700
7007007002828
700700720
500700700710700
13700
281
5730700
13131313
700700
21'ts342315
2012201220132013201320142015201620162016201720172018201 I
Superior Court Alterations - 3rd JudgeJ uvenile HVAC Hardware/Software UpgradeJuvenile Commercial WasherJuvenile Commercial FreezerFair Swine Barn PensDungeness Landing Water SystemSalt Creek Restroom #3 DrainfieldJuvenile Chiller Compressor ReplacementJail Walk in RefrigeratorJail RemodelJail Kitchen MezzanineFairgrounds Kitchen Equipment Kitchen BuildingCourthouse Main BreakerJuvenile Chiller Compressor ReplacementAgnew Soccer FieldsAgnew Soccer FieldsHVAC UpgradesHouse Heating UpgradeUtility HookupsCourtroom I JAVS Digital Recording System3rd Street Building building3rd Street Building land3rd Street Building Basement remodelUtiliÇ hookupsPA systemWalk in freezerSuperior Court JAVS Recording 3 Family CourtJuvenile JAVS RecordingKitchen Exhaust SystemJAVS Court Recording System Superior Ct #2Clallam Bay Picnic ShelterBlue Mountain Transfer Station BuildingFairgrounds lnformation BoothJail Washing Machine120 Salt Air StThird Street HandrailsDeck-Over Tilt Equipment Trailer 4?STB26Z4H1267S49 (vinlVeterans Hall ResterationCamp David, Junior Kitchen RemodelSuperior Court Security lmprovementsCH/Jail- HVAC Electrical lmpFairgrounds - Grandstand ADA SeatingThird St Building Replace HVAG Roof UnitThird St Water Line RepairCourthouse Basement Restroom RemodelJuvenile - Culvert and PavingAuditor Election labulation SystemJuvenile CO2 DetectorsJuvenile Hot Water Mixing ValveSheriff Emergency Response Radíos
serial Number class Purchased Life Aged Amount Location sub Revenue30501.91130501.91130s01.91 I30501.91 1
AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)
Department: Health and Human Services
WORK SESSION X Meeting Date: L2lL6l2OLg
REGULAR AGENDA X Meeting Date: I.zl3Llz}Lg
Required originals approved and attached? XWill be provided on:
E Contract/Agreement/MOU - Contract #
E Proclamation ! Budget Item
I f¡nal Ordinance X Other - WSDOT Permit
Item summary:n caltfor Hearing
n Resolution
n Oraft Ordinance
Approve and sign
County Official signature & print name:
Documents exempt from public disclosure attached: n
Executive summary:This is an application for a permit to Washington State Depaftment of Transportation. This will be fora "dumping prohibited" sign to be installed at Midway Metals to enforce the illegal dumpìng.
Budgetary impaCt: (ts there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifth¡s is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? n
None
ReCOmmendgd aCt¡On: (ooes the Board need to act? If so, what is the department's recommendation?)
O Øn ".r*** Awtu ?oc osl*tName of Employee/Stakeholder attending meeting: Andy Brastad and Jennifer Garcelon
Relevant Departments: Health and Human Services
Date submitted : I2lt0l79
x Work Session Meet¡ng - Submit 1 single sided/not stapled copyAgenda Item Summary * Midway metals no dumping sign_DOL contract** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019
Quest¡ons? Call Loni Gores, Clerk of the Board, ext 2256
^-.w Washington StateDepartment of Transportalion Application for General Permit
Permit No.
Applicant - Please print or type all informationApplication is Hereby Made For: E General Permit (No Fee)
I General Permit $2.50 (Subject to RCW 47.12.140(2))
lniended Use of State Right of Way is to Construct, Operate, and Maintain a
a 36"x36 " road stônthat"All dumping prohibited
OIATO rS wilr oe proseculeq
for leqal disposal ootions. visithttp://www.clallam.neVHHS/Environmentalhealth/solidwate_recycling.html"
on a portion of State Route 101 (at/from) ¡y¡¡¡gp6s1 258 to Mile posi 258J ¡n Clallam County County,
to begin in the
and end in the
Section
Section
Township
Township
North: Range
North: Range
West/East W.M.
West/East W.M.
This Permit is issued pursuant to the applicable terms of RCW 47.32.11 0 (Roadside Users) and RCW 47.12.140 (Sale of Timber ancRemoval of Nonmarketable Materials).
Clallam County Commissioner - ChairPort Angeles wA 98362City
360-417-2233State Zip Code Title
Dated this day ofTelephone
Applicant Reference (WO) Number Federal Tax lD Number or Social Security Number
Authorization to Occu o tfA roved BelowThe Washington State Department of Transporlation referred to as the "Department," hereby grants this Permit subject toand conditions stated in the General Provisions, Special Provisions, and Exhibits attached hereto and by this reference made a parthereof: Construction facilities proposed under this application shall begin within one year and must be completed within three yearsfrom date of approval.
terms
For Department Use OnlyExhibits Attached
Expiration Date
By:
Department Approval
Title:
Date:
DOT Form 224-698Rev¡sed 04/201 5
Page 'l
General ProvisionsNo changes fo fhese General Provisions may be made without further approval of the Office of the Attorney
General
This Permit is issued pursuant to the applicable terms of RCW 47.32.110 (Roadside Users) and RCW 47.12.140 (Sale of Timberand Removal of Nonmarketable Materials).
DOCUMENTS, NON-EXCLUSIVE, COMPLIANCE WITH LAW, WORK
1 . A copy of th is Permit must be on the job site, protected from the elements, at all times d u ring any Permittee activity,construciion or improvement Work as authorized by this Permit. "Work" under this Permit shall include ihe use of the state-ownedrighi of way as authorized herein.
2. This Permit shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting rights of likeor other nature to other public or private entities, nor shall it prevent the Department from using any of the state-owned highway rightof way or other properties for transportation purposes, or affect the Department's right to full supervision and control over all or anypart of the state-owned highway right of way or properties, none of which is hereby surrendered.
3. The Permittee shall be responsible for compliance with all federal, state, and local laws and regulations.
4. Upon approval of this Permit, the Permittee shall diligently proceed with the Work and comply with all General and Specialprovisions herein.
DEPARTMENT NOTIFICATION: SURVEY MONUMENTS, HIGHWAY SIGNS, FENCES, LANDSCAPING
5. The Permittee shall contact the Department representative(s), listed in Exh ibit A, Special Provisions, two (2) weeks prior toconducting Work, to determine the location of survey control monuments within the area in which the Permittee will be working. lnthe event any monument or right of way marker will be altered, damaged, or destroyed by the Permittee, the Department, prior toPermittee Work, will reference or reset the monument or right of way marker. During the Work, upon discovery of a monument orright of way marker, the Permittee shall cease Work in that area and immediately notify the Department of the discovery. TheDepartment will coordinate with the Permittee to ensure that the monument or right of way marker is recorded or replaced. ThePermittee agrees to pay all Department actual direct and related indirect costs and expenses to perform monument or right of waymarker work, pursuant to the provisions of Section 18-lnvoice and Payment.
6. ln the event any milepost, fence, orguardrail is located within the limiis of the Permittee's Work and will be disturbed duringPermittee Work, the Permittee agrees to carefully remove these highway facilities prior to Permittee Work and reset or replace thesehighway facilities after the Permittee Work, to the Department's sole satisfaction and at the sole cost of the Permittee. The Permitteeshall not remove or disturb any highway signs, traffic control devices, or landscaping unless specifically authorized.
PERMIT EXTENSION, ASSIGNMENT, AND REVOCATION:
7. This Permit may not be extended without the Department's prior written approval.
8. The Permittee shall not assign or transfer this Permit without the Department's prior written approval. The Permitteeunderstands that any assignment or transfer requires the assignee or transferee to have the means to assume all obligations,duties, and liabilities of the terms and conditions of this Permit, and the Permittee agrees to advise the assignee ortransferee of itsobligation to apply for an updated or replacement Permit from the Department.
9. This Permit is granted solely with in the discretion of the Department. lt may be revoked at will and at any time by g iving th irty(30) calendar days written notice to the Permittee. Revocation shall automatically take effect on the thirty-first day without furtheraction by the Department. Permittee acknowledges and agrees that it has no due process or appeal rights should the Departmentdecide, for any reason whatsoever, to revoke this Permit. Thereafter, if the Permittee has not removed its facilities or othen¡¡ise failsto return the state property back to its original condition as solely determined by the Department, the Department shall perform suchwork at the Permittee's sole cost and expense, and the Permittee shall pay the Department's actual direct and related indirect costsand expenses for performing the work pursuant to the provisions of Section 18-lnvoice and Payment.
10. ShouldthePermitteebreachanyoftheconditionsorrequirementsofthisPermit,orshouldthePermitteefail toproceedwithdue diligence and in good faith with the Work as authorized by this Permit, the Department may revoke the Permit. The Departmentshall give thirty (30) calendar days written notice to the Permittee, and upon the thirty-first day, this Permit shall be deemed revokedwithout further action by the Department. Thereafter, if the Permittee has not removed its facilities or otherwise fails to return thestate property back io its original condition as solely determined by the Department, the Department shall perform such work atthePermittee's sole cost and expense, and the Permittee shall pay the Department's actual direct and related indirect costs andexpenses for performing the work pursuant to the provisions of Section 1B-lnvoice and Payment.
DOT Form 224-698Revised 04/201 5
Page 2
MODIFICATION OF PERMIT AND/OR WORK:
1 '1 . Ïhe Department may modify this Permit at any time by giving Permittee written notice. lf this Permit is modified, the Permitteewill have thirty (30) calendar days from the date of the wr¡tten notice to modify the Work as required by the Department. lf themodifications cannot be made within thirty (30) calendar days, the Permittee shall request the Deparlment, in writing, during thethirty (30) calendarday time period for an extension of time in which to make the modifications. Any extension of time shall be solelywiihin the Department's discretion.
12. lfthePermitteedesirestomodifythisPermitand/ortheWork,itshall notifytheDepartmentrepresentative(s)listedinExhibitA,Special Provisions, in writing of all proposed changes for the Department's prior approval. The Department agrees to provide writtenacceptance or rejection of the proposed change(s) to the Permittee within Ten (10) business days.
13. Should the Permittee fail or refuse to comply with the Departmeni's direction pursuant to section ''l 1, the Department willimplement section 10 and revoke the Permit.
ADDITIONAL PERMIT OBLIGATIONS
14. The Permittee shall not excavate or place any obsiacle within the state-owned highway right of way in such a manner as tointerfere with the Department's construction, operat¡on, and maintenance of the state-owned highway right of way orthe public'stravel thereon withoutthe Department's priorwritten approval and/oras may be provided in this Permit's Special Provisions.
15. Upon completion of all Work, the Permittee shall immediately remove all rubbish and debris from the state-owned highway rightof way, leaving the state-owned highway right of way in a neat, presentable, and safe condition to the Department's solesatisfaction. Any Work-related rubbish and debris clean up, or any necessary slope treatment to restore and/or protect the state-owned right of way, not done within seven (7) calendar days of Work completion, unless the Department approves othen¡¡ise, will bedone by the Department at the expense of the Permittee. The Permittee agrees to reimburse the Department's actual direct andrelated indirect costs and expenses for performing the work pursuant to the provisions of Section 18-lnvoice and Payment.
16. ThePermitteeagreestomaintain,atitssoleexpense,itsWorkunderthisPermitinamannersatisfactorytotheDepartmentinthe Department's sole discretion.
1 7. lf the Depaftment determines that emergency maintenance of the Work is required to (a) protect any aspect of the statehighway right of way, or (b) secure the safety of the traveling public due to a failure of the Permittee's Work or its maintenancethereof, the Department may perform the emergency maintenance work without the Permittee's prior approval, and the Permitteeagrees to reimburse the Department's actual direct and related indirect costs and expenses for performing the emergencymaintenance work pursuant to the provisions of Section 18 - lnvoice and Payment. The Department will notify the Permittee of theemergency work performed as soon as practicable.
INVOICE AND PAYMENTS
18. lf the Department performs work as provided for in this Permit by state forces or its contractor, including but not limited to anymodification, repair, clean up or removal of the Work authorized under this Permit:
a. The Department will assign a reimbursable account to the Permittee as a means of invoicing the Permittee for the costsassociated with the work.
b. The Department will provide a detailed invoice, including direct and related indirect costs, to the Permittee for the workperformedbythe Departmentoritscontractor(s),andthePermitteeagreestopaytheDepartmentwithinfifteen(15) calendardaysof receipt of an invoice.
c. The Permittee agrees that if payment is not made to the Department as herein agreed, the Department may charge latefees, interest or refer the debt to a collection agency, all in accordance w¡th Washington State Law.
ADDITIONAL REQUIRED PERMITS
19. The Permittee shall be responsible forsecuring all necessary permits, including but not limited to, federal, state, and localregulatory, tribal, environmental, archeological, and railroad permits and permits from the Washington State Department of Ecology,the Washington State Department of Fish and Wildlife, and/or the U.S. Army Corps of Engineers prior to beginning the Workauthorized by this Permit. The Permittee shall be responsible for mitigation measures where wetlands have been disturbed andagrees that it is solely responsible for any fines imposed for noncompliance with the permit(s) conditions orforfailure to obtain therequired permits. ln addition, the Permittee, on behalf of itself and its contractors, officers, officials, employees, and agents, agreesto indemnify, hold harmless, and defend, at its sole cost and expense, the Department and its officers, officials, employees, andagents from any and all fines, costs, claims, judgments, and/or awards of damages to regulatory agencies, persons, and/or propertyarising out of, or in any way resulting from, the Permittee's failure to (1) obtain any required permit for the Permittee Work or (2)comply with permit conditions.
20. The Permittee hereby certifìes that its facilities described in this Permit are in compliance with the Clear Zone Guidelinespursuantto Chapter 1600 of the Department's Design Manual (M22-01) and any revisions thereto.
DOT Form 224-698Revised 04/20.15
Page 3
INDEMNIFICATION, WAIVER, VENUE, ATTORNEYS FEES, AND RELOCATION/EMINENT DOMAIN
21 . The Permittee, its successors and assigns, shall indemnify, defend at its sole cost and expense, and hold harmless the State ofWashington, its officers, employees, and agents from all claims, demands, damages (both to persons and/or property), expenses,regulatory fines, and/or suits in law and in equity that (1) arise out of or are incident to any acts or omissions of the Permittee, itsagents, contractors, employees, invitees and/or any other person in the use of the state-owned highway right of way as authorizedby the terms and conditions of this Permit, or (2) are caused by the breach of any of the terms or conditions of this Permit by thePermittee, its successors and assigns, and its contractors, agents, employees, invitees and/or any other person. The Permittee, itssuccessors and assigns, shall not be required to indemnify, defend, or hold harmless the State of Washington, its officers,employees and/or agents, if the claim, suit, or action for damages (both to persons and/or property) is caused by the sole acts oromissions of the State of Washington, its officers, employees and/or agents; provided that, if such claims, su¡ts, or actions resultfrom the concurrent negligence of (a) the State of Washington, its officers, employees and/or agents, and (b) the Permittee, itsagents, contractors, employees, invitees, and/or any other person or involves those actions covered by RCW 4.24.1 15, theindemnity provisions provided herein shall be valid and enforceable only to the extent of the acts or omissions of the Permittee, itsagents, contractors, employees, invitees, and/or any other person.
22. fhe Permittee agrees that its obligations under this Permit extend to any claim, demand, and/or cause of action brought by, oron behalf of, any of its employees or agents while performing Work under this Permit while located on or off state-owned highwayright of way. For this purpose, the Permittee, by MUTUTAL NEGOTIATION, hereby WAIVES, with respect to the State ofWashington only, any immunity that would otherwise be available to it against such claims under the lndustrial lnsurance provisionsin chapter 51.12 RCW.
23. The indemnification and WAIVER provided for in sections 21 and 22 shall survive the termination of this Permit.
24. lnfhe eventthatthePermitteeortheDepartmentdeemsitnecessarytoinstitutelegal actionorproceedingstoenforceanyrightor obligation underthis Permit, the Permittee and Department agree that any such action or proceedings shall be brought in thesuperior court situated in Thurston County, Washington. Further, the Permittee agrees that it shall be solely responsible for its ownattorneys fees and costs and agrees that it shall not seek nor be entitled to recovery of such attorneys fees and costs.
25. NONAPPLICABILITY OF RELOCATION ASSISTANCE/EMINENT DOMAIN. The Permittee acknowledges that this Permitdoes not at any time entitle the Permittee, its successors or assigns, to assistance under the Uniform Relocation and Real PropertyAcquisition Policy (ch. 8.26 RCW). Further, the revocation or other termination of this Permit shall not be deemed a taking by thestate under the laws of eminent domain.
DOT Form 224-698Revised 04/201 5
Page 4
¿{*
¡a/slAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
Department: HHS
WORK SESSION X Meeting Date: L2lL6lLg
REGULARAGENDA X meet¡ng Date: Lzl3LlLg
Required originals approved and attached? f]Will be provided on: t2lLLlL9
I Oraft Ordinance n final Ordinance X Otner 2020 Behavioral Health Funding Proposals
Documents exempt from public disclosure attached: tr
Executive summary:The attached report was submitted to the full Behavioral Health Advisory Board on December 10,
2019 after the RFP Review Committee recommended the attached allocations. The full BH AdvisoryBoard has reviewed these recommendations and has requested these recommendations be fon¡'rarded
to the BOCC for their approval. Two questions regarding the funding were proposed and will be
discussed at work session on December, 16th.
If these recommendations are approved by the BOCC, Clallam County Health and Human Services willdevelop statements of work and contracts for final BOCC approval. 2020 BH RFP recommendationsare in the amount of $983,577.77
Data collections for each contract will be developed through a previously negotiated contract betweenClallam County and Kitsap Public Health. Kitsap Public Health and each contractor will develop data
collection appropriate to the goals and needs of each contract.
BUdgetary impaCt: (ts there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? lfthis is a òontract and a budget change is necessary, the budget change form must be submitted with the item at work session and for the
regular agenda) If a budget action is required, has it been submitted and a copy attached? nFunds for proposals are in the HHS 2020 budget.
ReCOmmended aCtiOn: (ooes the Board need to act? If so, what is the department's recommendation?)
Approval Please.County Official signature & print name:
Name of Employee/Stakeholder attending meeting:
Relevant Departments: l-ìHS
nð ßra ["a
$ï\Hilm d,¡ bJ
Questions? Call Loni Gores, Clerk of the Board, ext 2256
*n
x Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)
Agenda Item Summary 12.11.19Rev¡sed: 3-04-2019
2020 Behavioral Health RFP Summaries and Recommendations
Proposals: S1,000,000 was available for direct behavior health (substance use, mental health, and co-
occurring disorders) services throughout Clallam County to low income adult and youth populations.
Four priorities were set by the Behavioral Health Advisory Board at their annual retreat
r West End Behavioral Health Services
. Substance Use Disorder/Mental Health Housing and Shelter
¡ Prevention/Earlylntervention. Unfunded/Underfunded Behavioral Health
Clallam County Health and Human Services received eíghteen proposals (listcd bclow)
Provider Title of Proposal Descriptíon Funding Request
The Answer for Youth(rAFY)
Mindful Body RecoverSupport
Provide free access tomindfulness and exercisepractices for clientsdiagnosed with SUDs andare in recovery. Facilitiestracking attendance andrelapse warningassessments completedmonthly.
s30,000.00
Cedar Grove Counseling Wraparound Services
Program,
Various recovery supportservices. Hiring full timeLM HP, vocational support,housíng support,transportation support¡and gym memberships inForks and Port Angeles.
581,0s7.60
Cedar Grove CounSelíng Neurofeedback TherapyFrogram,,
Continue providingsubsidized sessions ofneurofeed back therapy tothose with MH/SUD. Fund
technician, two feedbackmachines, and programmanager.
563,523.76
Reflections Coun5elingServices Group
Underinsured &Noninsured
Provide full scopetreatment to underinsuredand noninsured treatmentrequesters to includegroup/ind ividualcounseling, UAs, outreach,transportation, and othercase management.
clients in treatment,provide referrals, removebarriers to services and
576,100.00
offer recovery suppo rtsduring transitions.
Olympic Personal
GrowthFilling the Gap Serve
unfunded/underfundedyouth and adults with SUD
and mental health needsthat are at or below 22O%o
of the federal povertylimit on a fee for servicebasis.
596,720.00
First Step FamilySupport Center
Parents as Teachers:Behavioral Health & Earlylntervention Program
Evidenced-based homevisiting program designedto ensure young childrenare healthy, safe andready to learn. Target isat-risk, low-incomefamilies with ch¡ldren 0-5.Emphasis on serving teenp_?fçnts, flfst t¡me parelts,nön-EngliSh Sþeakfamilies, and familiesexperiencíng BH issues
tng
S109,030.77
Port Angeles tire Sga,aso.oouepartment rogram
the community. Wíth thegoals to provide increasedlevel of healthcare in thecomm unity, red uce visitsto the hospital ED,
Funding backstop ofS62.500/month to coveroperating expenses foropening first opiatetreatment program inClallam County to providemethadone and
counseling. Approximately105 patients needed to befinancially viable.
STso,ooo.oo
Serenity House Application for theAdministration of HARPS
Funds
Salish Behavioral HealthHARPS Grant of S108,400has been providedwithout funds foradministration of services.Serenity House requestsfunding to staff andma state data and
s60,622.00
compliance data so thatgrant may be used.
Sequim School District Substance Use
Prevention and
lntervention for Grades6-12
Seek to employ a
credentialed staff tocreate and sustain a wholechild approach to increasecapacity in prevention and
responding to substanceuse in secondary schoolcommunity for studentsrades 6-12
s83,000.00
Sequim School District Education & Early
lntervention,for Menta I
Wellness
Continuation of mentalhealth curriculum forstudents in freshman year
at SHS. Program staff willalso províde school stafftraining, counseling forfamilies and students, and
behavioral health, UAs: urinalysis, ED: Emergency Department, FTE: Full time equivalent, SH5: SequimHigh School,
The total funds requested: $2,323,580.45
At the Behavioral Health Advisory Board meeting the following members volunteered to participate onthe proposal review committee. Each member had no financial interests in any entity eligible to submita proposal.
RFP Proposal Review Committee Members:
Stephanie Lewis Christy Smíth Kirsten Poole Bruce Fernie John DeBoer
Facilitators (not scoring proposal5): Andy Brastad Jenny Oppelt
HHS provided review committee members a notebook of information includíng the RFP, Scoríng sheets,copy of each proposal in addition to agency audits or financial records. The process followed was similarto the previously used proposal selection processes. On November 8, 2019 the review committeeassembled in the HHS conference room where L7 of the 1-8 (one agency no showed their appointment)entities that submitted proposals provided a short presentation of the proposal and then answeredquestions posed by the review committee members. Several agencies had staff out of town. The
conference phone was utilized to call into those people (all call in agencies had a staff memberphysically present as well). The information provided helped clarify elements of the proposals which
ultimately helped in the final rating (i.e. recommended for funding/not recommended for funding) of
the proposal.
Once the review committee had heard allthe proposalpresentations they decided that the
presentations were very valuable in providing clarity and detail to the written proposals and chose to
include the presentation information with the written proposalscores to determine which proposals
should be funded. The Review Committee discussed scores and information provided at intervals
throughout the day and again at the end of the day.
The review group's recommendations are given below
Agency Project ScorePresentationlnformation
RecommendedFunding
Funding Details
The Answers For
Youth (TAFY)Mindful BodyRecover Support 88.5 lnformative s3o,ooo.oo Fully Funded
Cedar Grove
Counseling, lncWraparoundServices Progrãm
84.8 lnformative $4o,5oo.oo
50% funded(recommended toobtain statelicense)
Cedar GroveCounseling
NeurofeedbackTherapy Program 85.2 lnformatíve s35,3so.oo
Technician at1.OO% and mileage
ReflectionsCounseling ServicesGroup
Underinsured &Noninsured
8]-.75 lnformatíve s12,5oo.oo
50% of fee forservice fundsrequested
ReflectionsCounseling Services
Group
Crisis lntervention
8L.4 lnformatíve s6s,000.00
Reduced amountfor fee for,servíce
Olympic Personal
Growth CenterFilling the Gap
79.2
Attended inperson andvia phone s30,000.00
Treatmentservices to coverat least 15 clients(based on currentnumber serving)
The total amount of all proposals recommended for funding ts SgB3,Sj\.77
Thís report was submitted to the full BH Advisory Board on November 12.,20!9 but no quorum was
established: This was resubmitted to the full BH Advisory Boa¡'d on December 10,2OIg and the RFp
Review Committee requested that it be forwarded to'the Board of County Commíssíoners for fundingapproval. Two questions were proposed by the full BH Advisory board and will be discussed at the worksession on December l-6th. The full BH Advisory has revíewed these recommendations and requestedthat this report and these recommendations be forward to the BOCC for their approval.
lf these recommendations are approved by the BOCC, Clallam County HHS will develop statements ofwork and contracts for final BOCC approval.
Data collection for each contract will be developed through a previously negotiated contract betweenClallam County and Kitsap Public Health. Kitsap Public Health and each contractor will develop data
collection appropriate to the goals and needs of each contract.
44t*[st
RESOLUÏON 2019
REAPPOINNNG A MEMBER TO THEBEHAVIORAL HEALTH PROGRAM FUND ADVISORY BOARD
THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows:
1. A vacancy exists on the Behavioral Health Advisory Board due to the expi
2. A press release was issued during the month of October 2019 solicitincitizens, and the current member with an expiring term was
3. The member with the expiring term advised the Commcontinuing service and asked to be considered for another
4. Health and Human Services and the board membersh the reappoi
NOW, THEREFORE, BE IT RESOLVED by the Clallamabove findings of fact:
rd of
of a term
from interested
tn that she is interested in
ristina Miko.
tn co n of the
Loni
1. Christina Miko is reappointed as the for S Disorder/Mental Health Servicesrepresentative for a term ending
PASSED AND ADOPTED this thifi-first day of
NTY COMMISSIONERS
Ozias, Chair
ATTEST Johnson
Bill Peach
c
HHS
Clerk
J:\public\Resolutions\Board Appointments\CD-MH Program Fund Advisory Board\2019\12-31-19 Christina Miko Reappointment.docx
4etlst
RESOLUTION _,20L9APPOINTNG AND REAPPOINTNG MEMBERS TO THE HOMELESSNESS TASK FORCE
THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as foilows
1. Vacancies exist on the Homelessness Task Force due to the expiration of terms and the retirement of theDepartment of Health and Human Seruices representative.
2. A press release was issued during the month of October 2019 soliciting applications from interested citizens,and the current members with the expiring terms were notified. A number pplications were received byinterested citizens.
3. The current members advised the Commissioner's Office in writing that interested in continuing seruiceand requested to be considered for another term.
4. The Health and Human Services Department and the Task appointment of JenniferOppelt and the reappointment of Christy Smith, Cheri Tinker and
NOW, THEREFORE, BE IT RESOLVED by the Board of Ctafindings of fact:
1. Jennifer Oppelt is appointed to the unexpired termHealth and Human Services for a term ending December
2. Christina Smith is reappointed as the2022.
Commissioners, in of the above
for the
for Un a term expiring on December 31,
for a term expiring on
re for a term expiring on December
e Faith Community for a term expiring on
BOARD OF CLALLAM COUNTY COMMISSIONERS
Mark Ozias, Chair
Randy Johnson
Bill Peach
of
3. Cheri Tinker is reappointed as theDecember 3t,2022.
REAPPOINTNG REPRESENTATTVES TO THEOLYMPIC AREA AGENCY ON AGING ADVISORY COUNCIL
THE BOARD OF CLALI.AM COUNTY COMMISSIONERS finds as follows:
1. Vacancies exist on the Olympic Area Agency on Aging Advisory Council due to expired terms.
2. A press release was issued during the month of October 2019 sol ications from interestedcitizens, and the current members with the expiring terms were
3. The current members advised the Commissioner,s Office in are interested incontinuing service and requested to be considered for a
4. The Olympic Area Agenry on Aging Advisory Council the Carolyn Lindleyand Joseph R. Sharkey
NOW, THEREFORE, BE IT RESOLVED by the Boardthe above findings of fact:
1. Carolyn Lindley is reappointed as2022.
2. Joseph R. Sharkey is reappointed as a3t,2022
PASSED AND ADOPTED
Loni Gores,
c: AppointeesOlympic AreaA22.167
missioners, nof
to a term expiring December 31,
to a term expiring December
OF CLALLAM COUNTY COMMISSIONERS
Mark Ozias, Chair
Randy Johnson
Bill Peach
Cou
of 9
of the
J : \public\Resolutions\Board Appointments\O3A\2019U2-31-19 Reappointment of Lindley and Sharkey.doc
t¿lat
RESOLUTON 20t9
REAPPOINTING MEMBERS TO THE SHERIFF'S CMZENS ADVISORY COMMITTEE
THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows:
1. Vacancies exist on the Sheriff's Citizens Advisory Board due to expiration of terms,
2. A press release was issued during the month of October 2019 ications from interestedcitizens, and the current members with expiring terms were
3. Current members have advised the Commissioner's Office in are interested in continuingse¡vice and asked to be considered for another term
4. The Clallam County Sheriff supports their rea
NOW, THEREFORE, BE IT RESOLVED by the Clallam Board of sideration ofthe above findings of fact:
1. Nathan Tyler is reappointed to serve as h Tribe position for a termending December 3t, 2022.
2. Brooke Nelson is reappointed toterm ending December 31,2022.
of Port Angeles position for a
2. Liz Mueller is reappoi as n S'Klallam Tribe position fora term ending
PASSED AND ADO of 2079
OF CLALLAM COUNTY COMMISSIONERS
Mark Ozias, Chair
ATTEST Randy Johnson
Loni Gores, CMC, Bill Peach
AZ2.2LAppointee(s)Sheriff
thifty-fi
J:\public\Resolutions\Board Appo¡ntments\Sheriffs Citizen Advisory Committee\2019U2-31-19 Tyler, Nelson and Muellerreappointments.docx
4dr\z{
RESOLUTION 20L9
REAPPOINTNG A MEMBER TO THE HERITAGE ADVISORY BOARD
THE BOARD OF CLALI-AM COUNTY COMMISSIONERS finds as follows:
1 A vacancy exists on the Heritage Advisory Board for a representative of District III due to anexpiration of term.
2. A press release was issued October 2019 soliciting applicationscurrent members with the expiring terms were notified.
3. The member whose term is expiring notified the Board ofinterested in being considered for reappointment.
4. Commissioner Bill Peach endorses the reappointmentrepresentative position of the Heritage Advisory Boa
ret
Board of missio
rested citizens and the
ner's in writing that she is
District III
nofNOW, THEREFORE, BE IT RESOLVED by the Clallathe above findings of fact:
TO: Board of Commissioners, Administrator Sill RE: Agenda Modification(s)
FILE: A14.09.18
The following item is removed from the December 31 agenda: PUBLIC WORKS 5a Notice of hearing to be held Tuesday, January 28, 2020 at 10:30 a.m. on the
proposed vacation of a county right of way near the Dungeness River Center
tll tl.f-
bq-rs/stAGENDA ITEM SUMMARY
(Must be submitted NLT 3PM Wednesday for next week agenda)
DepaÉment: Publ¡c Works/Road
WORK SESSION X t'teet¡ng Date: L2lh6ltg
REGUTARAGENDA X Meet¡ng Date: L?.I?LIIrI
Required originals approved and attached? nWall be provided on:
Item summary:X Cal| for Hearing n Contract/Agreement/MOU - Contract #
X Resolution ! Proclamation n Budget ltem
! Orat Ordinance n f¡nal Ordinance n Otner
Documents exempt from public disclosure attached: n '
Executive summaty:The Jamestown S'Klallam Tribe in conjunction with the Audubon Society is planning a majorrenovation and expansion of the River Center on the Dungeness River. Consultants have beenretained to design the new facility. Their design illustrates walkways, other improvements andappropriate setbacks that would encroach upon unused and undeveloped portions of R/W acquiredfor the Olympic discovery Trail adjacent to the River Center. Presently the area being petitioned forvacation is in blackberry, snowberry and other natural vegetation. The existing ODT veers Southerlyjust Easterly of thÍs area so it is not necessary to the functional use of the ODT. Vacation of thispoftion of unused R/W will allow the Tribe to move fon¡rard with the proposed improvements withoutcostly design changes.
BUdgetafy impaCü (ts tfrere a monetary impact? If so, are funds for this already allocated or is a budget change necess ary? Ifthis is a contract and a budget change is necessary the budget change form must be submitted with the item at work session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? [
None
RgCOmmended aCtiOn: (ooes the Board need to act? If so, what is the depaftment's recommendation?)
That the Commissioners review, approve and sign this resolution calling for a public hearing at theirDecember 3t, 20L9 meeting.
County Official signatur€ & print
Na me of Employee/ Stakeholder attending meet¡ng: Joe Swordmaker
Relevant Depaftments: Road Depaftment
* Work Session Meeting - Submit I single sided/not stapled copy Agenda Item Summary River Center vacation** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019
CALL FOR HEARING ON THE PROPOSED VACATION OF A COUNTY RIGHT OF WAYNEAR THE DUNGENESS RIVER CENTER
BE IT RESOLVED, the Clallam County Board of Commissioners:
1. Hereby declares its intent to vacate and abandon right of way described As follows
Beginning at the Northwest corner of that portion of land conveyed to Clallam County under AuditorFile No. 206-1173163.Thence SBTo 56'52'E a distance of 33.11 feet.Thence S47o 00' 44'N a distance of 28.26 feet.Thence NBTo 56'52'\lV a distance of 13.11 feet.Thence N01o 58' 24"8 a distance of 20 feet to the point of beginning and the end of this legaldescription. Being a poftion of the Northwest Quarter of Section 24, Township 30 Nofth, Range 3West, W.M., Clallam County, Washington
2. Instructs the County Engineer to examine the above descríbed right of way and to report his opinionas to whether the right of way should be vacated and abandoned, whether the right of way is in useor has been in use, the condition of the right of way, whether ít will be advisable to preserue it for thecounty road system in the future, whether the public will be benefited by the vacation andabandonment, and all other facts, matters, and things which will be of importance to the board, priorto the public hearing date set below.
3. Instructs publication, posting, and notification procedures be followed as per RCW 36,87.
4. Sets a public hearing to consider the vacation request, to be held in the Commissioners' MeetingRoom, Room 160, Clallam County Courthouse, 223 E.4th Street, Port Angeles, Washington, onTuesday January 28,2020, at 10:30 a.m.
PASSED AND ADOPTED this day of 20L9
BOARD OF CLALLAM COUNTY COMMISSIONERS
Mark Ozias , Chair
ATÏEST: Randy Johnson
Loni Gores, CMC, Clerk of the Board Bill Peach
PLEASE PUBLISH: January 6 & 13
PLEASE BILL: Clallam County Public Works Dept.223 East 4th Street, Suite 6Port Angeles, WA 98362-3015
J:\Users\mpeters2\Resolutions\2018 Res Vacate a Portion of County Right of Way near Dungeness River @nter.doc
E>(FIIBIT Aa portiort of the
^I.W' Quarter of Secti on 24
Tov¡nship 3O ÀIorth, Range 3 West, W_IuI-,ClaTTarn County, Washington
Documents exempt from public disclosure attached: f,Executive summary:
The attached proposed Ordinance is intended to be the County's legislation to take advantage ofSubstitute House B¡ll 1406 or "SHB L406." The Ordinance, if adopted, would be the second step theCounty must take so that existing sales and tax use revenues may be redirected to fund programs toreduce homelessness and generate affordable housing in the CounÇ. The public should know thatadopting this Ordinance does not increase the sales tax rate and will NOT Iead to an increasein the current sales tax rate as is explained in the "Whereas" clauses, clauses not typically madepaft of this County's ordinances.
The effective date is set for April 1,2020 to comply with WA Dept. of Revenue (DOR) rules statingDOR must receive 75 days'notice of any change to the bookkeeping that goes along with collectingsales and use tax. In addition/ a new destination for sales or use tax revenue must, pursuant to DORrules, begin on the first day of a quarter, i,e., January 1, April 1, July 1 or october 1.
In addition, each of the three cities within our county has chosen a different option under SHB 1406as reflected in Section .010 (Section 1) of the proposed Ordinance.
Budgetary impact: A new revenue fund called "Affordable Housing Sales Tax" will need to becreated. The amount of sales and use tax revenues received by the County WILL NOT CHANGE.
Recommended action: Hold the hearing on December 31, 2019 and then approve the Ordinance
County Official signature & print name: David Alvarez
Name of Employee/Stakeholder attending meeting: David Alvarez
Relevant Depaftments: County Commission, Pros. Attorney's Office,
Date submitted: December 4,2019
rltls
* Work Session Meeting - Submit 1 single sided/not stapled copy*'< Regular Meeting - Submit 1 single sided/not stapled copy and originals (l or 3 copies)
Questions? Call Loni Gores, Clerk of the Board, ext 2256
SHBl406agendabill.docxRevised: 3-04-2079
and the Governor signed,1406"); and
WHEREAS, SHB 1406portion of existing sales
affordable housing orcosts of affordable
sales taxes collectedsales w1
of theadopt a
such a Resol
redirecting a portionforth therein;
ORDINANCE No
AN ORDINANCE CREATING A CHAPTER IRECTION OFEXISTING SALES AND USE TAXHOUSING" WITHIN THE CLALLAMREDIRECTION OF EXISTING SALES
RDABLEORIZING
TAX FORAFFORDABLE AND SUPPORTIVE G IN ACCORD V/ITHSUBSTITUTE HOUSE BILL 1406 ( 338, oF 20r9)
WHEREAS, in the 2019 Regular Session, State Legislature approved,Bill 1 338, Laws of 2019) ("SHB
a city or county to use aor rehabilitation of
the operations and maintenanceand rental assistance to tenants; and
this tax will be credited against state
will not result in increased or additionalCounty represent an additional source of funding to
and
for a county to redirect the tax revenues, within six monthslater than January 28,2020, the governing body must
the maximum capacity of the tax. This Board adopted10,2019.
Board of Commissioners now desires to adopt a legislationexisting local sales and use tax as authorized by SHB 1406 as set
T
noln
date ofof intent
I
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTYCOMMISSIONERS OF CLALLAM COUNTY ("the Board") AS FOLLOWS:
Section 1.
follows:Section .010, entitled Amount of Sales or Use Tax Redirected is created to read as
a) There is hereby redirected by this Ordinance the of the sales and usetax (.0146 percent) authorized by SHB 1406 within Clallam County.
b) Because the City Councils for Sequim and For resolution of intent toredirect their share of sales and use taxtax" on the ballot at the November 2019
neither a "qualifringfor all occurring
within the Cities of Sequim and F Cities are .0073.0073
c) The County is not entitled to any sales and use tax revenuestreams that accrue within the the Angeles or are received orearned by the City of Port any agreement between theCounty and the City of Port of sales or use tax in theunincorporated Ur 1406 purposes because the
percent for SHB 1406 purposes whilepercent for SHB 1406 purposes.
electors ofelection.
authorized
at the November 2019 general
Section 2 ax is created to read as follows:
The tax a tax but shall a redirection of a portion of the tax alreadypersons from whom the state sales or use tax is collected
. The rate of tax redirected by this ordinance shall bea sales tax or the value of the article used in the case of
a use tax.
Section 3 Administration and Collection is created to read as follows
The tax redirected ordinance shall be administered and collected in accordance withChapter 82.14.050. The Chair of the Board of Clallam County Commissioners or his designee ishereby authorized to and directed to execute and sign with the Washington State Department ofRevenue such agreements that may be necessary to implement this Ordinance.
a-z--
Section 4. Section .040, entitled Use of Funds is created to read as follows:
Monies collected pursuant to this Ordinance shall be used for any allowable expenditureauthorized by Chapter 82.14 as amended by Chapter 338, Session Laws of 2019, also known as
Substitute House Bill 1406.
Section 5 Section .050, entitled Administration of Fund is read as follows
The funds collected pursuant to this Ordinance shall bebe known as ooAffordable Housing Sales Tax," and shallall other Special Revenue funds of Clallam County.
be
Section 6. Section .060, entitled Effective Date to read as
Special Revenue Fund toin the same manner as
This Ordinance shall come into effect on Fesales or use tax paid as a result of taxable event
2020, no portion82.12 RC
applicablech. 82.08w
RCV/) shall be deposited into the "Affordablethat taxable event occurred on or
ADOPTED this thirty-first day of
ATTES
Loni
" Special Revenue Fund unless
COLINTY COMMISSIONERS
1,2020
Chair
Johnson
Bill PeachCMC, Clerk
-J-
-l c^'ô
\?,\toPUBLIC HEARINGProposed Clallam County Ordinance
Amending Clallam County Codq Adding Ch. 5.60 entiiled"Redirectt'on of Exßting Sales and {Jse Tax Revenues for Affordable Houstng"
NOTICE: The Clallam County Board of Commissioners will conduct a public hearing on Tuesday,December 3L,2AL9 at 10:30 a.m., or as soon thereafter as possible in the Commissíoners'Meeting Room ofthe Clallam County Courthouse, 223 East4th Street, Room 160, Port Angeles, Washington. the pùblichearing is to consider the ordinance listed above. All proposed ordinances are availãble on the Countywebsite www.clallam.netor a free copy can be mailed to you upon request.
Public comments are encouraged. Submit written comments to the address or emaíl below before thehearing or present comments in person at the public hearing.
In complíance with the Americans with Disabilities Act, reasonable accommodations are available uponrequest. The facility is considered "barrier free" and accessible to those with physical disabilities.
PROPONENT: Clallam County Board of Commissioners223 East4th Street, Suite 4Port Angeles, WA 98362-3015Telephone: 360.417 [email protected]. us
FORMAT IDENTIFICATION: AN ORDINANCE CREATING A CHAPTER ENTITLED..REDIRECTION OF EXISTING SALES AND USE TAX REVENUES FORAFFORDABLE HOUSING"
SECTION.BY.SECTION SUMMARY OF PROPOSED CHANGES :
Section .010, entitled "Amount of Sales or Use Tax Redirected," describes the amounts authorized forredirection in the various jurisdictions within Clallam County.Section .020, entitled "Applicability of Tax," describes the redírectíon of a portion of the existing sales andtax revenue streams rather than imposition of any additional tax.Section .030, entitled "Administration and Collection," states the tax shall be redirected pursuant to statelaw and authorizes the County Commíssion or its designee to enter ínto any agreements with the StateDepartment of Revenue required to implement this redirectÍon of revenue.Section .040, entitled "Use of Funds," authorizes the County to use the redirecLed sales and use taxrevenues for any purposes made lawful by SHB 1406, also known as Chapter 338 of the 2019 SessionLaws of the State of Washíngton.Section .050, entitled "Administration of Fund," serves to create a new County Special Revenue Fund tobe known as "Affordable Housíng Sales Tax."Section .060, entitled "Effective Date," is created to establish an effective date of April 1, 2020 for thisOrdinance,
Publish: December L3, 2019Bill: Board of Commissioners Loni Gores, CMC, Clerk of the Board
J : \public\Clerk of the Board\notice of public hearings\2019\Ordinances\Notice affordable housing house bill I406.docx