WORK SESSION - Clallam County

414.09.23

WORK SESSIONBOARD OF CLALLAM COUNTY COMMISSIONERS

223 East 4th Street, Room 160Port Angeles, Washington

August I0,2020

Administration - 9 a.m.1 Calendar/Correspondence2 Discussion and next step for possible US Forest Service land acquisition - Sol Duc River3 Letter of support for Consolidated Grant Program - Clallam Transit System Operating Projects4 Agreement with Norpoint Tactical to provide security services at the Social Distancing Center - COVID

Public Works5 Agreement with AquaTerra Cultural Resources Consultants for services for upcoming projects in the

Clallam Bay-Sekiu Sewer System, culveft, bridge and road projects

CommuniW Development6 Agreement amendment 1 with Washington State Recreation and Conseryation Office for the Lower

Dungeness Floodplain Restoration Project

Board of Commissioners7 Discussion on Clallam County non-profit needs assessment suruey results - COVIDB Discussion - CARES Act allocation - 11 a.m.9 Discussion on draft Instítutional Discrimination Statement of Values and Action Plan

Budqet10 Agreement with Port Angeles Food Bank for COVID financial assistance - CARES Subrecipient11 Agreement with Sequim Food Bank for COVID financial assistance - CARES SubrecipientL2 Agreement with Serenity House for Homeless Shelter COVID financíal assistance - CARES Subrecipient

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* Items also on Tuesday's agenda

xxATTENTIONxxÏn response to the current pandemic, to promote social distancing, and in compliance with Governor'sProclamation which prohibits in-person attendance at meetings, the Board of Commissioners stronglyencourages the public to take advantage of remote options for attending open public meetings,

This meeting can be viewed on a live stream at thís link: http://www.clallam.net/features/meetings.html

If you would like to participate in the meeting by phone call 408-419-1715 and use Meeting ID:875 561 784.

If you would like to participate via video conference, visit www.bluejeans.com and join the Work Sessionwith Meeting ID: 875 56L 784.

No in-person attendance wíll be allowed until Governor's Proclamation is lifted.

Public comment and questions can be directed to the Clerk of the Board at 360-417-2256 [email protected]. us.

4r4.O9.23

Budqet13 Discussion on proposed budget reductions to be considered on August 25 (4a)xL4 Discussion on proposed budget revisions to be considered on August 25 (4b)x15 Discussion of proposed supplemental appropriations to be consídered on August 25 (4c)*16 Discussion of proposed budget emergencies to be considered on August (4d)x

Continued Work Session - Auqust 12 at 9 a.m.. Update on Mineral Resources Land

General Discussion/Items for Future Aqendas. Joint Meeting with Poft of Poft Angeles (August 31 at 11 a.m, - Located at the Port). Commissioner Conversatíon Meeting - TBD topic (September 14 at 7:30 a.m.)¡ Continued Work Session Meeting - Administrator Discussion (September 14 at 1 p.m.)o Joint Meeting with the City of Forks (November 9). County Administrator position (TBD)o Discussion on the Infant at Work Program (TBD). Noise Ordinance (TBD)o Franchise discussion (TBD)

EXECUTIVE SESSION

The Board may recess into Executíve Session to consider employment or dismissal of personnel, to review theperformance of a public employee, to consult with legal counsel, to consider the position to be taken incollective bargaining, to consider acquisition or sale of real estate, or other matters per RCW 42,30.110.

is needed to allow for adequate discussion.

must be submitted to the Clerk of the Board. Copies of public documents from Board meetings are available bythe Public Records Department.

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x Items also on Tuesday's agenda

MEMORANDUM

LONI GORES

Clerk of the Board

August 7,2020

rlllr

s

TO:

RE:

FILE:

Board of Commissioners, Administrator Sill

Regular Agenda Modification(s)

414.09.18

The following item is added to the August 11 regular agenda:a

CONTRACTS AND AGREEMENTS2c Purchase order form for Information Technology critical systems that need to be updated or

replaced

o The following item is amended on the August 10 work session and ll regular agenda:BUDGET16 and 4d Resolution calling for a hearing to be held August 25,2020 at 10:30 a.m. for the

following debatable emergencies :

NonDept - Hotel/Motel Tax - Emergency funding for the "Keeping the Lights OncovlD'7$129,500NonDepartmental - Additional funds for the Small Business DevelopmentProgram/$10,000Health and Human Services - Operations - CARES funding for staffing costs -covr D/$323p00$ 14s,000Sheriff - Emergency Services - For additional expenses related to COVID/$5,231Parks and Facilities - REET - Transfer funds to Information Tech CapitalProjects/$600,000Parks and Facilities - Capital Projects - Transfer funds to Information Tech CapitalProjects/$318,000Public Works - Flood Control - Moving Hydrogeologist positon from DCD to PublicWorks/$45,296Public Works - Roadso Three employee's vacation and sick leave payouts upon leaving

employment/$6,048. Salary study and job title change for Administrative Operations

Manager/$4,020Information Tech - Capital Proiects¡ Transfer of funds from REET 1 to Information Tech Capital Projects/$600,000¡ Transfer of funds from Parks and Facilities Capital Projects to Information Tech

Capital Projects/$318,000General Fund Reserves¡ CARES Funding for staffing cost - COVID/$3æÉ€09145,000¡ Transfer of the Hydrogeologist position from DCD to Public Works/$45,296

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g8r'o\esJ

Item summary:n Callfor Hearing

! Resolution

n Oraft Ordinance

AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)

Depaftment: BOCC

WORK SESSION X Meet¡ng Date: 8-10-20

REGULAR AGENDA f Meeting Date:

Required originals approved and attached?Will be provided on:

n Contract/Agreement/MOU - Contract #

n Proclamation n Budget ltem

I f¡natOrdinance X Otfrer - Discussion

Documents exempt from public disclosure attached: !

Executive summary:Discussion on possible USFS acquisition of 1,023 acres in the upper Sol Duc River.

BUdgetafy impaCt: (Is there 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) If a budget action is required, has it been submitted and a copy attached? nNone

ReCOmmendgd aGt¡On: (Does the Board need to act? If so, what is the department's recommendation?)

Discussion and next steps.

County Official s¡gnature & print name:

Name of Employee/Stakeholder attending meeting: Board of Commissioners and Dean Millet -Olvmoic National Forest District Ranoer

Relevant Depaftments: Board of Commissioners

Date submitted: August 5,2020

ft.

x Work Sess¡on Meeting - Submit 1 single sided/not stapled copyx* Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)Sol Duc River discussion B-10-20.doo(

Revised: 3-04-20L9

Questions? Call Loni Gores, Clerk ofthe Board, ext 2256

illtls

b6ruQeAGENDA ITEM SUMMARY

(Must be submitted NLT 3PM Wednesday for next week agenda)

Depaftment: BOCC

WORK SESSION X ueet¡ng Date: 8-10-20

REGULAR AGENDA X Meeting Date: 8-18-20

Item summary!n Calt for Hearing ! Contract/Agreement/MOU - Contract #

n Resolution n Proclamation ! Budget Item

f] Oraft Ordinance n F¡nal Ordinance X Otfrer - Letter of Support

Documents exempt from public disclosure attached: n

Executive summary:Clallam Transit System (CTS) is applying for federal grant funding to support the current Strait Shot route andthe Route 16 service to Clallam Bay and Neah Bay for the next two upcoming biennium.CTS is requesting a letter of support from the Board of Commissioners to support the projects below for theConsolidated Grant Application through the Washington State Department of Transportation for the 202I-2023and 2023-2025 biennium :

o Sustain current levels of fixed-route service to Clallam Bay and Neah Bay, an economicallydisadvantaged area of Clallam County, to support special needs population, tribal communities,education, and employment travel for correctional and other employment.

o Preserve the Strait Shot seruice that provides regionally significant connections from Clallam Countycommunities to the Bainbridge Island Ferry Terminal, reducing congestion along the US 101 corridorand providing a public transportation option for tourists as well as expanded travel options for residents.

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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? nNone.

RgCOmmgnded aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)

Approval of a letter of support.

County Official s¡gnature & print name: h,ttø

Name of Employee/Stakeholder attending meet¡ng: Board of Commissioners, Clallam Transit

Relevant Departmentsr Rnard of Commiqcionerc

Date submitted: July 30, 2020* 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)

Clallam Transit Letter operating projects.docxRevised: 3-04-2019


Board of ClallamCounty Commissioners

MARKOZIAS, District 7, ChairRAIYDY JOHNSOA District 2BILL PEACH, District 3

223 East 4th Street, Suite 4Port Angeles, WA 98362-30f5

360,417.2233 Fax: 360,417. 2493Email : [email protected]

Rich Sill, County Administrator

File: A72

August 18,2020

Kevin E, Gallacci, General ManagerClallam Transit System830 West Lauridsen BoulevardPort Angeles, Washington 98363

Re: Letter of Suppoft for idated Cla nsit System OperatingProjects

Dear Mr. Gallacci:

The Board of below for the Consolidated GrantApplication n Transpoftation for the 2021-2023 and 2023-2025 bienniu

a Sustain cu to Clallam Bay and Neah Bay, an economicallydisadvantaged , to support specia I needs population, tribal communities,education, and em correctional and other employment.

a Preserve the Strait Shot that provides regionally significant connections from ClallamCounty communities to the bridge Island Ferry Terminal, reducing congestion along the US101 corridor and providing a public transportation option for tourists as well as expanded traveloptions for residents.

Many residents of Clallam County, including elderly, youth and disabled, need to travel to work,medical appointments, education, recreation, and other purposes within Clallam County and thePuget Sound area. Local public transit modes of service are the only means for travel for many of ourvulnerable or disadvantaged community members and is an economical and convenienttransportation alternative for others, By providing both fixed-route and paratransit servicesthroughout the entire county and achieving regular connections throughout the region, ClallamTransit System can satisff the transportation needs of a large segment of the county's population.

tots

the

Clallamof

j:\public\correspondence\from bocc\202O\clallam transit support letter B-18-20.docx

Public transit has a positive impact in remote and rural communities. Without transit services, many ofour seniors, youth, people with disabilities, and people that simply do not or cannot drive, would havetheir access to jobs or basic life necessary services limited or even eliminated. Additionally, ClallamTransit System is dependent upon State and/or Federal funds to provide operating assistance tosustain specific routes within its system to complement a full range of service including regional andremote transportation to the residents of Clallam County.

The Board of Commissioners is pleased to support Clallam Transit System's grant application forcontinued financial assistance to support these necessary services that are so inherent to providingefficient and effective public transit.

Sincerely,

BOARD OF CLALLAM COUNTY COMMISSIONERS

Mark Ozias, Chair Randy Johnson ll Peach

j:\public\correspondence$rom bocc\202O\clallam transit support letter 8-18-20.docx

L\

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Item summary:n cau for Hearing

n Resolution

n Oraft Ordinance


Depaftmentr I\\\,WORK SESSION X Meeting Date: August LO,ãO2O

REGULAR AGENDA X Meeting Date: August 18, 2O2O

Required originals approved and attached? XWill be provided on:

X ContractTAgreement/MOU - Contract #

n Proclamation I Budget ltem

n f¡nal Ordinance ! Ottrer - Lease


Executive summary:Personal Services Agreement with Norpoint Tactical to provide security services at the SocialDistancing Center located at 2L40 W. 18th Street, Port Angeles. The Agreement includes onsitesecurity at the subject propefi for 72 hours per day, 7 days a weeÇ and night suppoft, if needed.

The current Agreement expired on July 3t,2020. The proposed Agreement will provide securityseruices at the social dístancing center until October 31, 2020.

Attached is a draft of the "Personal Services Agreement" between Norpoint Tactical and ClallamCounÇ.

Budgetary 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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? n

ReCOmmended aGt¡On: (ooes the Board need to act? If so, what is the department's recommendation?)

Review the proposed lease Agreement and approve


Name of Employee/Stakeholder attending meet¡ng: Kevin LoPiccolo

Relevant Departments: Health and Human Services, Prosecuting Attornev's Office, and Board ofCounW Commissioners.


* 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 - Norpoint Tactical

Revised: 3-04-2019

Questions? Call Loni Gores, Clerk of the Board, ext 2256

Contract 1 1301-20-NORTAC-1

PERSONAL SERVICES AGREEM ENT

THIS AGREEMENT is entered into between CLALLAM COUNTY, a political subdivision of the State ofWashington, (hereinafter called "County" or "Clallam County") and

Name: Norpoint Tactical

Address: 2507 Rolling Hills Court

Port Angeles, WA 98363

Phone Na: I-877-667-7646

(hereinafter called "Contractor").

This Agreement is comprised of:

X Attachment A - Scope of Work

X AttachmentB-Compensation

X Attachment C - General Conditions

X Attachment D - SpecialTerms and Conditions

n Aftachment E (specify) -copies of which are attached hereto and incorporated herein by this reference as íf fully set forth.

The term of this Agreement shall commence on the 1't day of August 2020 and shall, unless terminated asprovided elsewhere in the Agreement, terminate on the 31" day of October 2020.

IN WITNESS WHEREOF, the parties have executed thís Agreement on this day of August 2020.

co BOARD OF CLALLAM COUNTY COMMISSIONERS

Mark Ozias, Chair

Print name: Steven Bentlev

Title:

Date 2020

ATTEST:THIS CONTRACT HAS BEEN APPROVED AS TOFORM BY THE CLALLAM COUNTY PROSECUTINGATTORNEYAS AMENDED BY DPA ALVAREZ JULY 31, 2O2O

Loni Gores, Clerk of the Board

Originals: BOCCVendorInitiating Department

Copies: 5

PERSONAL SERVICES AGREEMENT ATTACHMENT A

SCOPE OF WORK

1. Norpoint Tactical (NTP) will provide security services at the temporary Recovery Shelter faciliÇ(located at2140 West l8th in Port Angeles) being initiated due to the COVID19 pandemic, per thelease provided by the Port of Port Angeles, Washington.

2. NPT will provide properly trained, uniformed, and equipped licensed security personnel at thedesignated site, 12 hours a day,7 days a week, from August I,2020 until (expected) October 31,2020.

3. NPT will provide one (1) unarmed security officer (subject to change) per hour for the duration ofthe contract, unless otherwise requested, instructed, and contracted by CCHHS to provide moresecurity officers for this contract. NPT will also provide a roaming and on call armed securitysupervisor that will be on call 2417 for responses of any incident. NPT Security Supervisors maywork any security shift without incorporating another supervisor, at any time, and will be left to thediscretion of the contract manager, Steven Bentley.

4. NPT security officer will be posted OUTSIDE for monitoring of the entrance and yard, and beposted in either a command trailer, patrol vehicle, or other apparatus deemed fit due to theextenuating circumstances surrounding current pandemic events. Security officers can and mayrespond to any event within the structure at the request of staff, while putting security personnelsafety foremost.

5. NPT will not under any circumstances, as a governmental agent, contractor, or at the request of aprivate entity, citizen, or any other, act in a manner that would violate any constitutional rights orfreedoms available to an American citizen. Any requests will be immediately reported to an NPTsupervisor, and local law enforcement, at the discretion of the NPT supervisor.

6. Due to the nature of the state of emergency/ the emerging COVID19 pandemic, NPT reserves allrights to modification of how services are rendered and carried out, acting in the best interests ofNPT personnel, CCHHS, those housed in the facility, as conditions worsen or lessen, at our solediscretion, while providing the required I2l7 security coverage of the exterior of the facility.

7. NTP will charge a daily maintenance fee of $10 per day. The camera system is a temporarysystem and will remain the property of NPT, and will be removed upon the completion of thiscontract. Exterior cameras installed will be to assist in monitoring the outside of the facility, per ourstation, at no additional cost.

B. NPT will be supplying the Command Trailer at no cost as this is their standard with securitymonitoring contracts. This will also serve as NPTs outside post and will only be accessible to NPTstaff.

9. This contract may be extended or ended prior to October 31,2020 dependent upon covid-19circumstances. An amendment created in the case of extension.

10. All Invoices will be based on actual costs.

ATÏACHMENT A Page 1

PERSONAL SERVICES AGREEMENT ATTACHMENT B

BUDGET/FEE SCHEDULEAugust I,2020 - October 37,2020

SERVICE RATE DURATION ANTICIPATED TOTALS

SecurityOfficer

$48.00per hour

12 hours per day (6:00am to 6:00 pm)

Projected total of 92days

$52,992.00

Nightly PatrolSuppoft

$1s0.00per

incident

Projected total of 92days

Based on number of incidents

TechnologyFee

$10.00per day

92 days $920.00

TOTAL $53,912.00

COMPENSATION

1. na. FIXED FEE FOR SERVICE: For services rendered, the CounÇ shall pay to the Contractor a fixedfee of DOLLARS ($ ) for the completed work set forth in Attachment A. Payments forcompleted tasks shall be made no more frequently than n monthly; f] quarterly; nsemi-annually; nannually; f, at completion of project; I other (specify)

Each request for payment shall be suppofted by an invoice specifying the tasks completed up to therequest for payment and the payment amount requested. In no event shall payment be sought in anamount which represents a percentage of the fee greater than the percentage of completed tasks.

OR

X ¡. HOURLY RATES: For services rendered, the County shall compensate the Contractor at thefollowing hourly rates: See Budget Above.

Name/PositionSecurity OfficerTechnology feeNight Patrol Support

Hourly Rate$48.00

$10.00/day$150.00/per incident

Payments for completed tasks shall be made no more frequently than E monthly; Iquarterlyi Isemi-annually; f, annually; Iat completion of project; X other (specify) Every two weeks.

Each request for payment shall be supported by an invoice specifying: the name/position of theContractor's employee if two or more are identified above; number of hours worked; completed tasks forwhich compensation is sought; estimated percentage of task completion; payment amount requested;other (specify)

In no event shall Contractor be compensated in excess ofwork set forth in Attachment "A."

DOLLARS ($ ) for the completed

ATTACHMENT B Page 1


2. AND

Xa. The compensation set forth herein íncludes, without limitation: labor, materials, equipment, travel,telephone, computer, copiers, and the like.

OR

n U. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone,copiers, and computer. Reimbursement for airfare, mileage, meals and/or accommodations shall be at thesame rate as that applicable to county employees traveling on counÇ business.

OR

n c. Other (specify)

ATTACHMENT B Page 2

1

2

PERSONAL SERVICES AGREEMENT ATTACHMENT C

GENERAL CONDITIONS

Scope of Contractor'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 period.No material, labor, or facilities will be furnished by the County, unless otherwise provided for in theAgreement.

Accounting and Payment 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 Subcontracting. Contractor's services are deemed personal and no portion of thiscontract may be delegated or subcontracted to any other individual, firm or entiÇ 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 entire compensation for this Agreement is specified inAttachment B and the Contractor is not entitled to any counÇ 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 repoft all incomeand expense accrued under this contract with the Internal Revenue Service on a business taxschedule, and has a tax account with the State of Washington Department of Revenue for paymentof all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/employee ormaster/servant relationship exists rather than an independent contractor relationship such thatClallam County is deemed responsible for federal withholding, social security 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 Contractorpursuant 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, shall not beentitled to any benefits that Clallam County provides to its employees.

No Guarantee of Employment. The performance 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.

6 Regulations and Requirements. This Agreement shall be subject to all federal, state, and local laws,rules, and regulations.

Riqht to Review. 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 County deems pertinent to the

3

4

5.

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ATÏACHMENT C Page 1

B

9

PERSONAL SERViCES AGREEMENT ATTACHMENT C

Agreement and its pedormance, 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 peformance 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 CounÇ may, by depositing written notice to the Contractor in the U.S. Mail, 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 extra expenses incurred by the County in completing the work,including all increased costs for completing the work, 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

ïermination for Public Convenience. The Coun$ 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 performed 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 Insufficient 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.

12 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 CounÇ determines necessary to protectitself against loss or liability.

13. Defense and Indemnity 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,

10

ATTACHMENT C Page 2


loss, expenses, damages and judgments of any nature whatsoever, including reasonable 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 performance ofthe Contract except as described in subsection (d) below. Provided, however, that theContractor's obligation under this provision will not extend to injury, sickness, disability, deathor damage caused by or arising out of the sole negligence 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 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 RCW 4.24.1I5, 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 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.

"(d)The parties recognize that the transmission to or receipt by a person of the COVID-19virus at the temporary Recovery Shelter may occur despite the best practices and proceduresof both the County and its guests and employees and the Contractor and its employees,representatives or agents. Therefore, the County and the Contractor agree the obligation andduty of the Contractor to indemnify, hold harmless and defend the County shall not apply toillness, injury or harm arising from or proximately caused by the transmission or receipt of theCOVID-19 virus to or from a County guest, employee or representative OR to and from anyemployee, representative or agent of the Contractor. Solely in the limited circumstancesdescribed in this section (d) the Contractor is also not obligated to perform the tasks listed inSections 13(b) and (c) listed above. However, this exception to the universal obligation ofthe Contractor to hold the County harmless and indemnify and defend the CounÇ is the soleexception to this universal obligation.

15

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 Title 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 Washíngton in and for the County of Clallam. This Agreement shall begoverned by the law of the State of Washington.

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ATTACHMENT C Page 3

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17

1B


Withholding Pavment. In the event the County Project Manager determines that the Contractor hasfailed to peform any obligation under this Agreement within the 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 CounÇ 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 otherwise due. Adetermination of the County Project Manager set forth 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 chargethe same to the account of the Contractor, (3) to set off any amount paid or incurred from amountsdue 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.

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.

19

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/Copvright Infringement. 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 notified promptly in writing by County of any notice of suchclaim.

(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.

20 Disputes

(a) General. Differences 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 otherwise furnishes to the County Administrator a written notice of appeal. The

ATTACHMENT C Page 4


notice 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 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 of any 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 gíving rise to the claim, and before final paymentby the County. The written 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 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 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 anysuppofting documents evidencing the amount or the extension of time claimed to be due.

Ownership of Items Produced. All writíngs/ programs, data, art work, music, maps, charts, tables,illustrations, records or other written, graphic, analog or digital materials prepared by the Contractorandlor its consultants or subcontractors, in connection with the performance of this Agreement shallbe the sole and absolute property of the County and constitute "work made for hire" as that phraseis used in federal andlor state intellectual property laws and Contractor andlor its agents shall haveno ownership or use rights in the work.

22 Recoverv of Payments to Contractor. The right of the Contractor to retain monies paid to it iscontingent upon satisfactory peformance 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.

23

Interest shall accrue at the rate of 12 percent (I2o/o) 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: Kevin LoPiccolo

Title: Deputy Director

Address: 111 E 3'd Street Port Angeles, WA 98362

27

ATTACHMENT C Page 5


Telephone: 360-417-2523

E-mail: [email protected]

Fax: 360-452-9605

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.

24. Non-Discrimínation. 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.

25. 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 CounÇ is named as an express third-party beneficiaryof such contracts with full rights as such.

26. No Third Party Beneficiaries. This 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 ís set fofth 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 given 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. Severability. 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 effect 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 otherwise 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.

ATÏACHMENT C Page 6


33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement,the prevailing party shall be entitled to be paid reasonable attorney fees.

34. Construction. This agreement has been mutually reviewed and negotiated by the pafties 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, 73-19, 21-22 and 31-35 of these GeneralConditions shall survive any termination, expiration, or determination of invalidity of this Agreementin whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, areintended to survive shall also survive.

36. Entire Agreement. This written contract represents the entire Agreement between the parties andsupersedes any prior statements, discussions or understandings between the parties except asprovided herein.

ATIACHMENT C Page 7

PERSONAL SERVICES AGREEM ENT ATTACHMENT D

JPECIAL TERMS AND CONDITIONS

1. Reportinq. The Contractor shall submit written progress reports to the County ProjectManager as set forth below:

f With each request for payment.

tr Monthly.

n Quarterly.

n Semi-annually.

I Annually.

tr Project completion.

X Other (specify): Weekly

Progress reports shall include, at a minimum, the following: All incidents requiring NPTat the facility.

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.

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 County, 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 existingpolicy 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

Bodily injury, including death $1,000,000 per occurrence

$2,000,000 aggregate

$1,000,000 per occurrence


Property damage

X ERRORS AND OMISSIONS OT PROFESSIONALLIABILITY with an Extended Reporting PeriodEndorsement (two year tail)

X WoRKERSCoMPENSATIoN:


Statutory amount

ATTACHMENT D Page 1

PERSONAL SERVICES AGREEMENT ATTACHMENT D

I AUfOMOBILE: coverage on owned, non-owned, rented and hired vehicles

Bodily injury, liability, including death per occurrence

aggregate

Property damage liability per occurrence

aggregate

X BUSINESS AUTOMoBILE LIABILiTY: g1,000,000 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 liabiliÇ 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 CounÇ shall have no obligation to reportoccurrences 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 ceftificate of coverage indicating the County is an"additional insured" to a policy 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.

l 4. Other (specify):.

$

$

$

$

ATÏACHMENT D Page 2

illtl#

tô toVP

Item summary:! ca¡lfor Hearing

n Resolution

f] oraft ordinance

AGENDA ITEM SUMMARY(Must be submitted NtT 3PM Wednesday for next week agenda)

Depaftment: Public Works

WORK SESSION X Meeting Date: 8.ltOl2O2O

REGULARAGENDA X Meeting Date: 8lt8l202Û


X Contract/Agreement/MOu # 4t4-20-OOl

n Proclamation I Budget ltem

! f¡natordinance ! other

Documents exempt from public disclosure attached: nExecutive summary:Clallam County Public Works has procured on-call archeological seruices for upcoming projects in theClallam Bay-Sekiu Sewer System, culvert, bridge and road projects from AquaTerra Cultural ResourceConsultants through an informal bid process. These seruices are required per State EnvironmentalReview Process, Depaftment of Archeology & Historic Preservation, and other environmentalpermitting.

BUdgetary impaCt: (rs tnere a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifthis ¡s 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? fISpecific project seruices will be billed on an project-specific basis. Archeological seruices costs areincluded in 2020 & 2021 budgets for Clallam Bay-Sekiu (41401.611) under a Department of Ecologyfunding package and Roads (10101.611) under various project funding packages.

ReCOmmended aCtiOn: (Does the Board need to act? If so, what is the departmenfs recommendation?)

Please sign the agreement between the County and AquaTerra Cultural Resource Consultants.

County Official signature & print name:

Na me of Employee/ Stakeholder attend ing meet¡ng : Meccan Upckpr- Kucioeck

Relevant Depaftments: Public Works

Date submitted z 08 | 0412020

* Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Suþmit 1 single sided/not stapled copy and originals (1 or 3 copies)AIS_PW-Archeologica lSeruices_O8-O5-20

Revised: 3-04-2019

Questions? Call Loni Gores, Clerk ofthe Board, ext2256

conrracr ¿+d '?Ð'æl

PERSOITAL SERVICES AG RE EM ET{T

THIS AGREEMENT is entered into between CIALLAM COUNTY, a polítical suMivisÍon of the State ofWashington, (hereinafrer calld "County" or "Clallam Count¡y'') and

Name: AquaTerra CultLlral Resource Consuf'ænts

Address: 8525 Stoney Creek Lane SW

Olympla, WA 98512-2150

Phone NE: 360.754.2208

(hereinafter called "Contractor").

This Agreement is comprised of:

X Attachment A - Scope of Work

X AttachmentB-Compensatíon

X Attachmefit C - Generat Conditions

X Attachment D - Special Terms and Conditions

X Attachment E (specify) - consultanfs certificate of liability insurance

copies of which are attached trereto and incorporated l¡ercín by this reference as if fully set forth.

The term of this Agreement shall commence on the 18th day of August 2020 and shall, unless terminatedas provided elsewhere in the AgreemenÇ terminate on fte 3íst day óf December ZOZ3.'

IN IVITNESS WHEREOF, the part¡es have exeq¡ted thís AEreement on this l8th day of August 2020.

CONTRACTOR

A¿"Á ic*u C{.,t}L}/p-\ Ø*awte¡¿t Oc¡rrs.r.ft'"4t1

BOARD OF CLALLAM COUNN' COMMISSIONER,S

Mark Ozias, Chaír

THiS CONTRACT HAS BEEN APPROVED AS TOFORM BY THE CI.ALLAM COUNTY PROSECUTINGATTORNEY

Print

Title:

Date:

ATTEST:

Ar,ûet\?-f YrttC. +\

"Vo'LC>20

Loni Gores, Clerk of the Board

Originals: BOCCVendorlnitiating Department

Copies: 5

PERSONAL SERVICES AGREEMENT ATTACHMENTA

SCOPE OF WORK

On-call archeological services for Roads/Public Works projects includíng but not limited to:. Archaeological monitoríng near identified sites CA00743, C400755, CAO0221duringground disturbing work on sewer repair & replacement projects per the FinalDetermination of Sectíon 106 of the National Historic Preservation Act for ClallamBay-Sekíu Sewer System Repair & Replacement Project WQC-2020-C|aCPW-00040,Clean Water Act State Revolving Fund, DAHP Project: 2020-04-02887-ECY

o Cultural resource surveys meeting the requirements of Section 106 of the NHPA andExecutíve Order 05-05 for culvert and bridge replacements; road widening,reconstruction and other safety ímprovement projects; Olympic Discovery Trailconstruction; and other projects carried out by the Clallam County PublicWorks/Roads Department.

o Cultural resource monitoring and reporting for such projects.

ATTACHMENTA Page 1


COMPENSATION

1. fla. FIXED FEE FOR SERVICE: For seruices rendered, the County shall pai to the Contractor a fixedfee of DOLLARS ($ ) for the completed work set forth in Attachment A. Payments forcompleted tasks shall be made no more frequently than n monthly; ! quarterly; nsemi-annualV; nannually; ! at completion of projecç n other (spec¡û)

Each request for payment shall be supported by an invoice speciffing the task completed up to therequest for payment and the payment amount requested. In no event shall payment be sought in anamount which represents a percentage of the fee greater than the percentage of completed tasks.

OR

X ¡. nOUnLY RATES: For seruices rendered, the County shall compensate the Contractor at thefollowing hourly rates:

Name/PosltionAmell, SarahHuber, EdgarChambers, JenniferMorris, JessicaViloudaki, AndrewHoldener, Lindseyde Vry, NicholasHigashi, ColinFrazier, Steven

Hourly RatePrincipal/Project Manager $Principal lnvestigator $SeniorArchaeologist $Project Archaeologist $Project Archaeologist $Cultural Resource Technician ll $Cultural Resource Technician ll $Cultural Resource Technician I $Cultural Resource Technician I $

140.00120.00110.00100.00100.0080.0080.0076.0076.00

Payments for completed tasks shall be made no more frequently than X monthly; nquarterly; nsem¡-annually;n annually; nat completion of projecç fl other (specify)

Each request for payment shall be supported by an invoice speciffing: the name/position of theContractor's employee if two or more are identified above; number of hours worked; completed tasks forwhich compensatíon is sought; estimated percentage of task completion; payment amount requested;other (speciff)

In no event shall Contractor be compensated in excess of seventy-five thousand DOLLARS ($75,000) forthe completed work set fofth in Attachment "A."

2. AI{D

Xa. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel,telephone, computer, copiers, and the like.

OR

n U. fne County shall reimburse the Contractor for actual expenses incurred for travel, telephone,copiers, and computer. Reimbursement for airfare, mileage, meals and/or accommodations shall be at thesame rate as that applicable to county employees traveling on county business.

ATTACHMENT B Page 1

PERSONAL SERVICES AGREEMENT

OR

fl c. other (speciff):

ATTACHMENT B

AÎTACHMENT B Page2

1

2.

PERSONAL SERVICES AGREEMENT ATTACHMENTC

GENERAL CONDTTIONS

Scooe of Contractor's Seruices. The Contractor agrees to provide to the County seruices and anymaterials set forth in the project narrative identified as Attachment A during the agreement period.No material, labor, or facilities will be furnished by the County, unless otherwise provided for in theAgreement.

Accounting and Paunent 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.

Deleoation and Subcontracting. Contractor's services 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 ofemployer/employee or master/serua nt.

The Contractor acknowledges that the entire compensation 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, serues clients other than the County, will report all incomeand expense accrued under this contract with the Internal Revenue Seruice on a business taxschedule, and has a tax account with the State of Washington Department of Revenue for paymentof all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/employee ormaster/servant relationship exists rather than an independent contractor relationship such thatClallam County is deemed responsible for federal withholding, social security 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 Contractorpursuant 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, shall not beentitled to any benefits that Clallam County provides to its employees.

No Guarantee of Employment. The performance 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 t¡me or in the future.

Regulations and Reouirements. This Agreement shall be subject to all federal, state, and local laws,rules, and regulations.

Rightta-Bcyig. This contract is subject to review by any federal or state auditor. The County shallhave the right to review and monitor the financial and seruice 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 County deems pertinent to the

3

4.

5.

6

7

ATTACHMENT C Page 1


Agreement and its peformance, 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 requesÇ during reasonable business hours.

8. Modifications. Either party may request changes in the Agreement. Any and all agreedmodifications shall be in writing, signed by each of the parties.

9. 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 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 e)ftra 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 extra expenses incurred by the County in completing the work,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.

10. 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.Term¡nat¡on 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.

11. 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.

L2. Termination Procedure. The following provisions apply in the event that this Agreement isterminated:

(a) The Contractor shall cease to peform any seruices 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 seruicesprovided 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.

13. Defense and Indemnitv Aoreement.

(a) The Contractor agrees to hold harmless, indemniff and defend the County, its officers,officials, employees and agents, from and against any and all claims, actions, suits, liability,

ATTACHMENT C Page 2

PERSONAL SERVICES AGREEMENT

14.

15.

16.

loss, expenses, damages and judgments of any nature whatsoever, including reasonable 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 performance 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 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 ís required by RCW 4.24.115, and that the provisions ofthis Section will be incorporated, as relevanÇ into any contract the Contractor makes with anysubcontractor or agent peforming 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 em ployees, ag ents or su bcontractors.

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 Title 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 thisAgreemenÇ 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 Payment. In the event the County Project Manager determines that the Contractor hasfailed to perform any obligation under this Agreement within the 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 peform has been cured. Withholding under this clause shãll not bedeemed a breach entitling Contractor to termination or damages, províded that the County promptlygives notice in writing to the Contractor of the nature of the default or failure to peform, and in nocase more than ten (10) days after it determines to withhold amounts otherwise due. Adetermination of the County Project Manager set forth 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 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 reason of good faithwithholding by the County under this clause.

ATTACHMENT C

ATTACHMENT C Page 3

17


19.

Riohts 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 Reoresentations. 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 peÉormance of seruices or equipment,prices or options for future acquisition to remain in effect for a fixed period, or warranties.

PatenUCopyfight Infrinoement. Contractor will defend, indemniff 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 ContrEctor's alleged infringement on any patent or copyright.The Contractor will pay those costs and damages attributable to any such claims that are finally -

awarded 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 notified promptly in writing by County of any notice of suchclaim.

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.

Disoutes:

(a) General. Differences 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 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 suppott 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 dec¡sion 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 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 written Notice of Potential Claim shall set fofth 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

18

ATTACHMENT C Page 4


2t.

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 theportion 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 documenb evidencing the amount or the extension of time claimed to be due.

Ownership of ltems Produced. All writings, programs, data, art work, music, maps, charts, tables,illustrations, records or other wriften, 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 propefi 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(L2o/o) per annum from the time the County ProjectManager demands repayment of funds.

Proiect Approval. The extent and character of all work and seruices to be performed under thisAgreement by the Contractor shall be subject to the review and approval of the County ProjectManager. For purposes of this AgreemenÇ the County Project Manager is:

Name: Deborah Kucipeck

Title: Environmental Coordinator

Address: 2238.4th St. Ste.6

Telephone: 360-4L7 -2263

E-mail: [email protected]

Fax: 360-4t7-25L3

22.

23

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.

24. Non-Discrimination. The Contractor shall not discriminate against any person on the basis of race,creed, political ideology, color, national origin, se& marital status, sexual orientation, age, or thepresence of any sensory, mental or physical handicap.

25. 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-pafi beneficiaryof such contracts with full rights as such.

ATTACHMENT C Page 5


26. No Third Party Beneficiaries. This 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. Tíme 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 given 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. Severability. 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 effect 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 otherwise 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. Attornev Fees. In the event that litigation must be brought to enforce the terms of this agreement,the prevailing parly shall be entitled to be paid reasonable attorney fees.

34. Construction. This agreement has been mutually reviewed and negotiated by the part¡es 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 Agreement. This written 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

x


SPECIAL TERMS AND CONDITIONS

1. Reporting. The Contractor shall submit written progress repofts to the County ProjectManager as set forth below:

X With each request for payment.

n MonthlY.

n Quarterly.

n Semi-annually.

tr Annually.

n Project completion.

! Other (speciff):

Progress reports shall include, at a minimum, the following:

. hours & days worked by ea. individual on project¡ findings & activity description per the project permit/SERP, etc.

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.

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 propefi damageinsurance with companies or through sources approved by the state insurance commissionerpursuant to RCW Title 48, as now or hereafter amended. The County, 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 existingpolicy or w¡th a separate carrier approved pursuant to RCW Ttle 48, as now or hereafteramended, and the following coverages shall be provided:

X COMMERcIAL GENERAL LIABILITY:

Bodily injury, including death $1,000,000 per occurrence


$1,000,000 peroccurrence

$2,000,000

Property damage

aggregate

X ERRORS AND OMISSIONS OT PROFESSIONALLIABIUTY with an Extended Reporting PeriodEndorsement (two year tail)

X woRKERS GoMPENSAToN:

x


Statutory amount

ATTACHMENT D Page 1


ATTACHMENT D Page 2


X AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles

Bodily injury liability, including death 91,000,000 per occurrence


Property damage liability $1,000,000 per occurrence

92,000,000aggregate

X BUSINESS AUToMoBILE LIABILITy: 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 pafi 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 ceftificate of coverage indicating the County is an"additional insured" to a policy obtained by the Consultant in order to comply with thisagrçment 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, indemnifu, 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 (soecifv):.

X

ATTACHMENT D Page 3

-t.ACORD"

Ç-'AQUATER-OI

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF ¡NFORN,IANON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEilD OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE lSSUtNc TNSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUGER, AND THE CERTIFICATE HOLDER.

IMPORTANT: lf tho cort¡f¡cate holder ¡s an ADDITIONAL INSURED, the policy(ies) must have ADDITTONAL TNSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain may require an endorsement A statoment onthis certlflcate does not holder ln lieu of such

PRODUCER

PLC lnsurance LLC19401 40th Ave W Su¡te ¡t40Lynnwood, WA 98036

Morrison

275-0564

INSURERISI AFFOROING COVERAGE NÂIf: ¿

TNSURERA : Continental Casualtv Gomoanv 20443INSURED

Aqua Terra Cultural Resource Consultants8525 Stoney Creek Lane SWOlympia, WA 98512

INSURERB : LIOVd,S LONdON 85202INSTJRER C :

INSURER D :

INSURER E :

INSURER F :

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE TISTED BELOWHAVEBEENISSUEDTOINDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT

THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THEOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUPOLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

CED BY PAID CLAIMS.INSRID TYPE OF INSURANCE SUBF

POLICY NUMBER POLICY EFF POLICY EI(PLIMITS

A x COMMERCIAL GENERAL LIABIUTY

CLAIMS.MAOÊ OCCUR

LIMIT APPLIES PER:

iF& l-l ..o"

x 6021442880 3110t2020 311012021

EACH OCCURRENCE 1,000,000sNTED

s 300,000

MFD FXP fÂñv ma ôâr$nl s f0,000

PFRSONAI A. A¡-IV IN.II IPY ù 1,000,000

GENERAL AGGRFGAÎF ß 2,000,000

$ 2,000,000STOP GAP s 1,000,000

A AUTOMOBILE LNAILITY

ANYAUTOO\¡JÍ{EDAUTOS ONLYHIREDAUTOS ONLY

SCHEOULEDAUTOSNONO\ rNEDAUTOS ONLYX X

6021442880 3110t2020 3t1012021

1,000,000s

BODII Y lN.ll IRY lPar ñêßônì $

BODILY lN.lt IRY lPê¡ â..i.1ânl\

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UMBRELLA LIAB

EXCESS LIAB

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FÁôH M'I IFÞÉNAF s

AGGRFGATtr sDED RETENTION $ s

WORKERS COMPENSATIONAND EMPLOYERS' LIAAILITY

ANY PROPRI ETORYPARTNEFYEXECUTIVE

8f¡Ä8"tW5#frff EX.LUDED?

lf yes. descdbeDESCRIPTION

underOF OPERATIONS below

N/A

PERSTAÎI ITtr

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F I ntsFÂstr Þôl nv I tiflT sB Frotessional L¡ab¡li ANEl92l3l6.20 3t3t2020 3t3t2021 Aggregate/Per Cla¡m

DESCRIPÍON OF OPERATTONS / LOCAITONS, VEHICLES (ACORD 101, Addlt¡onal Rsmarls Schedule, may be attachÊd ¡f moß space ts rcqu¡rcdlRe: Port of Tacoma ProjectAnchor QEA' LLC is included as Additional lnsured as respects the operations of the named insured when required by written contract per attached.

SHOULD ANY OF THE ABOVE DËSCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICEACCORDANCE wlTH THE POLICY PROVISIONS.

WILL BE OELIVERED INAnchor QEA, LLCl20l 3rd Ave, Suite 2800Seattle, WA 98101

REPRESENTArlVE

@ 1988-2015 ACORD CORPORATION. All rights rcserved.The ACORD name and logo are registered marks of AGORD

ACORD 25 (2016t031

to

ø\ÑùAGENDA ITEM SUMMARY


DepaÊment: DCD

WORK SESSION X Meeting Date: 8.10.2020

REGULAR AGENDA X Meeting Date: 8.18.2020

Required Originals Approved and Attached? XWill be provided on:

Item Summary:x

I Callfor Hearing X Contract/Agreement/MOUxx Contract # 334.18.008-1n Resolutionn Oraft Ordinance

ProclamationFinalOrdinance

Budget ItemOther

!n


Executive Summary:Attached is an amendment to an agreement with the Recreation and Conservation Office to addfunds to an existing contract. The funds were awarded in a subsequent proposal round and areadded to this contract to reduce the burden of tracking two contracts.The funds pay for construction of some of the habitat features in the lower Dungeness riverfloodplain restoration site. The funds are awarded by Puget Sound Acquisition and Restorationand managed by the RCO. The match requirement is fulfilled by an Ecology grant that is currentlyunder contract.

BUdgetafy ImpaCt:gs there 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 ¡tem at work session and for theregular agenda) Ifa budgetAction is required, has it been submitted and a copy attached? !

ReCOmmended ACtiOn:tOoes the Board need to act? If so, what is the department's recommendation?)

Please sign the contract amendment.

County Official Signature:

Name of Employee/Stakeholder ing meeting: Cathy Lear

Relevant DepaÉments: DCD, Roads

Date Submitted: 8.5.2020

x Submit original and 5 copies** Submit 3 originals and 5 copiesAgenda ltem Summary.doc

Revised: 2013Questions? Call Loni Gores, Clerk ofthe Board, ext 2233

> WASHINGlON SIATE

Recreation andConservation Office

^

334.18.008-1

Amendment to Project Agreement

Project Sponsor: Clallam Co Community Dev Project Number: 16-1372R

Project Title: Lower Dungeness Floodplain Restoration Amendment Number: 1

Amendment Type:

Cost Change

Amendment Description:

Adding funding from the approved PSAR large cap project 18-1300. This will add $3,046,868 in 19-21 PSAR largecap funding.

Project Funding:

The total cost of the project for the purpose of this Agreement changes as follows :

Old Amount NewAmount

RCO. PSAR CAP

Project Sponsor

Total Project Cost

Admin Limit

A&E Limit

$3,500,000.00

$0.00

$739,200.00

Amount

$3,000,000.00

$500,000.00

o/o

85.71o/o

14.29o/o

Amount

$6,046,868.00

$1,067,095.00

o/o

85.00%

15.00%

1O0o/o

5.00%

26.77o/o

$7,113,963.00

$0.00

$1,502,468.99

100o/o

5.00%

26.77o/o

Agreement Terms

ln all other respects the Agreement, to which this is an Amendment, and attachments thereto, shallremain in full force and effect. ln witness whereof the parties hereto have executed this Amendment

State Of WashingtonRecreation and Conservation Office

Clallam Go Gommunity Dev

AGENGY:

BYKaleen Cottingham

TITLE: Director

DATE:

TITLE

DATE:Pre-approved as to form:

/s/Assistant Attorney General

BY

BY:

PSAR Project Cost Change Amendment

State Buildinq Construction AccountAMENAGRl.RPT

RCW 77.85. WAC 420

> WASHINGTON 5TA"TE


^

Funding Board Project Agreement

Project Sponsor:

Project T¡tle:

Clallam County Community Development

Lower Dungeness Floodplain Restoration

Project Number: 16-1372R

Approval Date: 6/5/201 I

A. PARTIESOFTHEAGREEMENT

This Funding Board Project Agreement (Agreement) is entered into between the State of Washington by and throughthe Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO),P.O. Box 40917, Olympia, Washington 98504-0917 and Clallam County by and through the Clallam CounÇCommunity Development (Sponsor, and primary Sponsor), 223 E 4tn St Ste 5, Port Angeles, WA 98362, and shall bebinding on the agents and all persons acting by or through the parties. The Sponsor's Data Universal NumberingSystem (DUNS) Number is 075739235.

All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions thatexpressly apply only to the primary Sponsor.

Per the Appl¡cant Resolution/Authorizations subm¡tted by all sponsors (and on fìle with the RCO), the ident¡fiedAuthorized Representative(s)/Agent(s) have full authority to legally bind the Sponso(s) regarding all matters related tothe project, including but not l¡mited to, full authority to: (1) sign an applicalion to the funding board for grantassistance, (2) enter into this project agreement on behalf of the Sponso(s) (including indemnification and waiver ofsovereign immunity as provided therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) makeany dec¡sions and submissions required with respect to the project. Agreements and amendments must be signed bythe Authorized Representative of all sponsors.

lf a Sponsor wishes to change its Authorized Representat¡ve/Agent as identified on the original signed ApplicantResolut¡on/Authorization, the Sponsor has the obligation to provide to RCO in writing a newApplicantResolution/Authorization signed by its governing body. Unless a newApplicant Resolulion/Author¡zation has beenprovided, RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authorityto bind the Sponsor to the Agreement (includ¡ng any amendments thereto) and decisions related to implementation ofthe Agreement.

For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsormay act as a fiscal agent to obtain reimbursements (see Section 11. PROJECT REIMBURSEMENTS).

B. PURPOSEOFAGREEMENT

This Agreement sets out the terms and conditions by which a grant is made from the State Building ConslructionAccount of the State of Washington. The grant ¡s administered by the Recreation and Conservation Office (RCO) tothe Sponsor for the project named above per the director's authority granted in RCW 794.25.020.

C. DESCRIPTION OF PROJECT

This large-scale restoration project will restore approximalely 112 acres of Lower Dungeness River floodplain bysett¡ng back the Army Corps of Engineers east bank levee (R.M. 1-2.7) in its new location. The goal is to reconnectthe Dungeness River with its historic floodplain, improve hab¡tat conditions and restore riverine processes andfunctions needed to support var¡ous salmon species included Dungeness Ch¡nook.Conshucted by the Corps in 1 963, the current levee constrains the river channel, resulting in increased channelconfinement, bedload aggradation, inslability, and water quality ¡mpacts that are a faclor ¡n the current local shellf¡shclosures. Dikes on both sides of the Dungeness have disconnected the r¡ver from its floodplain and disrupted r¡verprocesses which proh¡bits flood waters from dissipating and inhibits the river's natural abil¡ty to store excess sedimentouts¡de the channel. Levee setback and channel restorat¡on in this reach provides floodplain and side channel habitatcritically-needed by salmon for spawning, rearing and migration.Riparian and instream habitat will also be restored. Priority spec¡es supported by these habitats are ESA- listed PugetSound Chinook, Eastern Strait of Juan de Fuca Summer Chum, Coastal-Puget Sound Bull Trout, and Puget SoundSteelhead.

D. PERIODOFPERFORMANCEThe period of performance begins on January 1 9, 201 I (project start date) and ends on June 30, 2021 (project enddate). No allowable cost incurred before or after th¡s per¡od is eligible for ¡eimbursement unless specifically providedfor by written amendment or addendum to this Agreement or specifically prov¡ded for by WAC Title 420, or SRFBpolicies published in RCO manuals as of the effective date of this agreement.

The Sponsor must request extensions of the period of performance at least 60 days before the project end date.

The Sponsor has obligations beyond this period of performance as described in Section F: Long-Term Obligat¡ons

RCO l6-1372R Revision Dale: 1 I 11 l2O1 I Page 1 of 37

E. STANOARD TERMS AND CONDITIONS INCORPORATED

The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of thisAgreement.

F. LONG-TERMOBLIGATIONS

For this restoration project, the sponsor's on-going obl¡gat¡ons shall be for a minimum of ten (10) years, or more asspecific in the Landowner Agreement, after the fìnal payment and shall survive the completion/termination of thisProject Agreement unless otherwise identifìed in the Agreement or as approved by the funding board.

G. PROJECT FUNDING

The total grant award provided by the funding board for this project shall not exceed $3,000,000.00. The fundingboard shall not pay any amount beyond that approved for grant funding of the project and within the funding board'spercentage as ¡dentified below. The Sponsor shall be respons¡ble for all total project costs that exceed this amount.The minimum matching share provided by the Sponsor shall be as indicated below:

Percentage DollarAmount Source of Funding

SRFB - PSAR Large Gapital Projects

Project Sponsor

Total Project Cost

85.71o/o

14.29o/o

$3,000,000.00

$500,000.00

State

$3,500,000.00

I{. FEDERAL FUND INFORMATION

This Agreement is not a federal subaward. Th¡s Agreement is funded w¡th a grant from the State of Washington

RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS

All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light ofthe Sponsor's application and the project summary and eligible scope act¡vities under which the Agreement has beenapproved as well as documents produced in the course of administering the Agreement, including the eligible scopeactivities, the milestones report, progress reports, and the fìnal report. Provided, to the eñent that informationcontained in such documents is ¡rreconc¡lably in confl¡ct with this Agreement, it shall not be used to vary the terms ofthe Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" asused here and elsewhere in this document, unless otherwise spec¡f¡cally stated, has the meaning set forth in thedefin¡tions of the Standard Terms and Conditions.

J. AMENDMENTSTOAGREEMENT

Except as prov¡ded herein, no amendment (including without lim¡tation, deletions) of any of the terms or conditions ofthis Agreement w¡ll be effect¡ve unless provided in writing signed by all parties. Extensions of the period ofperformance and minor scope adjustments consented to in writing (including email) by the Sponsor need only besigned by RCO's director or designee, unless otherwise provided for in another agreement a Sponsor has with theRCO. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into aformal amendment for extensions or minor scope adjustments.

It is the responsibil¡ty of a Sponsor to ensure that any person who signs an amendment on its behalf is duly author¡zedto do so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorizedto do so by Applicant Resolution/Authorization prov¡ded to the RCO and such Applicant Resolution/Authorization hasnot been withdrawn by the governing body in a subsequent resolution.

Any amendment to this Agreement, unless otherw¡se expressly stated, shall be deemed to include all current federal,state, and local government laws and rules, and funding board policies applicable and active and published in RCOmanuals or on the RCO Website in effect as of the effective date of the amendment, without limitation to the subjectmatter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of anamendment shall apply only prospectively and shall not require that an act previously done in compliance with ex¡stingrequirements be redone.

K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES

This agreement ¡s governed by, and the Sponsor shall comply with, all applicable state and federal laws andregulations, including any applicable RCFB and/or SRFB policies published in RCO manuals or on the RCO Websiteas ex¡st on the effective date of this Agreement and any amendments to this Agreement. Provided, any update in law,rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall notrequire that an act previously done in compliance with existing requirements be redone.

L, SPECIAL CONDITIONS

None

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M. AGREEMENTCONTACTS

The part¡es will prov¡de all written communications and notices under this Agreement to the mail address or the emailaddress listed below if not both:

Proiect GontactName: Cathy LearTitle: Project Manager

Address: 223 E Fourth St Ste 5PortAngeles, WA 98362-3015

Ema¡l: [email protected]

RCO - SRFBKat Moore

Natural Resources Building

PO Box 4091 7

Olympia, Washington 98504-091 [email protected]

These addresses and contacts shall be effective until rece¡pt by one party from the other of a written not¡ce of anychange. Decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or maynot be the Project Contact for purposes of notices and communications.

N. ENTIREAGREEMENT

This Agreement, w¡th all amendments and attachments, constitutes the entire Agreement of the parties. No otherunderstandings, oral or otheMise, regarding this Agreement shall exist or bind any of the parties.

O. EFFECTIVE DATE

This Agreement, for project 16-1372R, shall be subject to the written approval of the RCO's authorized representativeand shall not be effect¡ve and binding until the date s¡gned by both the Sponsor and the RCO, wh¡chever is later(effective date). Reimbursements for el¡gible and allowable costs incurred within the period of performance identifìedin Section D: PERIOD OF PERFORMANCE are allowed only when this Agreement is fully executed and an original isreceived by RCO.

The Sponsor has read, fully understands, and agrees to be bound by all terms and cond¡tions as set forth in thisAgreement and the STANDARD TERMS AND CONDITIONS OF THE PROJECTAGREEMENT. The signators listedbelow represent and warrant the¡r authority to bind the parties to this Agreement.

Clallam County Commun¡ty Development

By:Date:

Name: (printed)

Title

State of Washington, Recreat¡on Conservation OfficeOn behalf of the Salmon Recovery Funding Board (SRFB or funding board)

By: Date:

Kaleen CottinghamDirectorRecreation and Conservation Office

By

Pq-approved as to for¡:

ã* {,!r^ Date: October 6, 201 7

Assistant Attorney General

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Table of Contents

Funding Board Project Agreement

Standard Terms and Gonditions of the ProjectAgreement

SECTIONI. GITATIONS,HEADINGSANDDEFINITIONS

SECTION 2. PERFORMANCE BY THE SPONSOR

SECTION 3. ASSIGNMENT

SECTION 4. RESPONSIBILITY FOR PROJECT

SECTION 5. INDEMNIFIGATION

SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR

SECTION 7. GONFLICT OF INTEREST

SECTION 8. COMPLIANCE WITH APPLICABLE LAW

SECTION 9. RECORDS

SECTION IO. PROJECT FUNDING

SECTIONll. PROJECTREIMBURSEMENTS

SECTION 12. ADVANCE PAYMENTS

SECTION 13. RECOVERY OF PAYMENTS

SECTION 14. COVENANTAGAINST CONTINGENT FEES

sEcTroN 15. rNcoME (AND FEES) AND USE OF TNCOME

SECTIONI6. PROCUREMENTREQUIREMENTS

SECTION I7. TREATMENT OF EQUIPMENTANDASSETS

SECTION I8. RIGHT OF INSPECTION

SECTIONl9. STEWARDSHIPANDMONITORING

SECTION 20. PREFERENCES FOR RESIDENTS

SECTION2l. ACKNOWLEDGMENTANDSIGNS

SECT¡ON 22. PROVISIONS FOR BOATING PROJECT GRANTS

SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANGE, RENOVATION,AND RESTORATION PROJECTS

SECT¡ON 24. PROVISIONS APPLYING TOACQUISITION PROJECTS

SECTION 25. LONG.TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS

SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTEDPROJECTS

SECTION 27. RECORDED NOTICE OF GRANT

sEcTroN 28. PROVTSTONS RELATED TO CORPORATE (tNCLUDtNc NONpROFtT)sPoNsoRs

SECTION 29. PROVISIONS FOR FEDERAL SUBAWARDS ONLY

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sEcTtoN 30.

SECTION 3I.

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SECTION 42.

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PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS

PROVISIONS FOR FIREARMS ANDARCHERY RANGE RECREATIONPROJECTS ONLY

PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTSONLY

PROVTSTONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLANDAND FORESTLAND PRESERVATTON PROJECTS ONLY)

PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJEGTS ONLY

PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATIONPROJECTS ONLY

ORDER OF PRECEDENCE

LIMITATION OF AUTHORITY

WAIVER OF DEFAULT

APPLICATION RE PRESENTATIONS - MISRE PRES E NTATIONS ORINACCURACY OR BREACH

SPECIFIC PERFORMANCE

TERMINATION AND SUSPENSION

DISPUTE HEARING

ATTORNEYS'FEES

GOVERNING LAWruENUE

PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBEIS THE SPONSOR

SEVERABILITY

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WASHINGTON STATE


^

Standard Terms and Conditionsof the Project Agreement

Project Sponsor:

Project Title:



Project Number: 1 6-1 372R

Approval Date: 6/5/20'18

SECT¡ON I. CITATIONS, HEADINGS AND DEFINITIONS

A. Any citations referencing specific documents refer to the current version on the effective date of thisAgreement or the effective date of any amendment thereto.

B. Headings used in this Agreement are for reference purposes only and shall not be considered a

substantive part of this Agreement.

C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forthbelow:

acquisition project - A project that purchases or receives a donation of fee or less than fee interestsin real property. These interests include, but are not limited to, conservation easements, access/traileasements, covenants, water rights, leases, and mineral rights.

Agreement or project agreement - The document entitled "Funding Board Project Agreement"accepted by all parties to the present transaction, including without limitation these Standard Termsand Conditions of the ProjectAgreement, allattachments, addendums, and amendments, and anyintergovernmental agreements or other documents that are incorporated into the Funding BoardProject Agreement subject to any limitations on their effect.

applicant - Any party that meets the qualifying standards, including deadlines, for submission of anapplication soliciting a grant of funds from the funding board.

application - The documents and other materials that an applicant submits to the RCO to supportthe applicant's request for grant funds; this includes materials required for the "Application" in theRCO's automated project information system, and other documents as noted on the applicationchecklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts.

Authorized Representative/Agent -A Sponsor's agent (employee, political appointee, electedperson, etc.) authorized to be the signatory of this Agreement and any amendments requiring aSponsor signature. This person has the signature authority to bind the Sponsor to this Agreement,grant, and project.

Boating Infrastructure Grant (BlG) - A program administered through the United States Fish andWildlife Service.

C.F.R. - Code of Federal Regulations

contractor - An entity that receives a contract from a Sponsor related to performance of work oranother obligation under this Agreement.

conversion - A conversion occurs 1) when facilities acquired, developed, renovated or restoredwithin the project area are changed to a use other than that for which funds were approved, withoutobtaining prior written formal RCO or board approval, 2) when property interests are conveyed to athird party not otherwise eligible to receive grants in the program from which funding was approvedwithout obtaining prior written formal RCO or board approval, or 3) when obligations to operate andmaintain the funded property are not complied with after reasonable opportunity to cure.

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development project - A project that results in the construction of , or work resulting in, newelements, including but not limited to structures, facilities, and/or materials to enhance outdoorrecreation resources.

director - The chief executive officer of the Recreation and Conservation Office or that person'sdesignee.

education project - A project that provides information, education, and outreach programs for thebenefit of outdoor recreationists.

education and enforcement project - A project that provides information, education, and outreachprograms; encourages responsible recreational behavior, and may provide law enforcement for thebenefit of outdoor recreationists.

effective date - The date when the signatures of all parties to this agreement are present in theagreement.

enhancement project - 1) A project that brings a site back to its historic function as part of a naturalecosystem or that improves the ecological functionality of a site, or 2) a project that (i) supportshatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii)ensures compatibility between hatchery production and salmon recovery programs, or (iii) supportssustainable fisheries (WAC 420.04.01 0).

equipment - Tangible personal property (including information technology systems) having a usefulservice life of more than one year and a per-unit acquisition cost which equals or exceeds the lesserof the capitalization level established by the Sponsor or $5,000 (2 C.F.R. S 200.33 (2013)).

funding board or board - The board that authorized the funds in this Agreement, either theRecreation and Conservation Funding Board (RCFB) created under RCW 79A.25.110, or the SalmonRecovery Funding Board (SRFB) created under RCW 77.85.110.

grant program - The source of the grant funds received. May be an account in the state treasury, ora grant category within a larger grant program, or a federal source.

indirect cost - Costs incurred for a common or joint purpose benefitting more than one costobjective, and not readily assignable to the cost objectives specifically benefitted, without effortdisproportionate to the results achieved (2 C.F.R. S 200.56 (2013)).

long-term compliance period - The period of time after the project end date or end of the period ofperformance (depending on the project types and grant program). During this period, the Sponsor hascontinuing obligations under the Agreement. This period may have a nonspecific end date (inperpetuity) or an expressly specified number of years.

long-term obligations - Sponsor's obligations after the project end date, as specified in theAgreement and applicable regulations and policies.

landowner agreement - An agreement that is required between a Sponsor and landowner forprojects located on land not owned, or othenrvise controlled, by the Sponsor.

maintenance - A project that maintains existing areas and facilities through repairs and upkeep forthe benefit of outdoor recreation or salmon recovery.

maintenance and operation -A project that maintains and operates existing areas and facilitiesthrough repairs, upkeep, and routine services for the benefit of outdoor recreationists.

match or matching share - The portion of the total project cost provided by the Sponsor

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m¡lestone - An important event with a defined date to track an activity related to implementation of afunded project and monitor significant stages of project accomplishment.

monitoring project - Means a project that tracks the effectiveness of salmon recovery restorationactions, or provides data on salmon populations or their habitat conditions.

monitoring and research project - Means a pro¡ect that tracks the effectiveness of salmon recoveryrestoration actions, or provides data on salmon populations or their habitat conditions.

Office - Means the Recreation and Conservation Office or RCO

notice of grant - As required by RCO or another authority, a document that has been legallyrecorded in the county or counties where the project property is located that describes the grantfunded project located on the property, the funding sources, and agencies responsible for awardingthe grant.

pass-through entity - A non-Federal entity that provides a subaward to a subrecipient to carry outpart of a Federal program (2 C. F . R. S 200.74 (2013)). lf this Agreement is a federal subaward, RCOis the pass-through entity.

period of performance - The period beginning on the project start date and ending on the projectend date.

planning (RCFB projects only) - A project that results in one or more of the following: a study, aplan, construction plans and specifications, and permits to increase the availability of outdoorrecreational resources.

planning (SRFB projects only) -A project that results in a study, assessment, project design, orinventory.

pre-agreement cost - A project cost incurred before the period of performance

primary Sponsor - The Sponsor who is not a secondary Sponsor and who is specifically identified in

the Agreement as the entity to which RCO grants funds to and authorizes and requires to administerthe grant. This administration includes but is not limited to acting as the fiscal agent for the grant (e.9.requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers,employees, agents and successors.

project - An undertaking that is, or may be, funded in whole or in part with funds administered byRCO on behalf of the funding board.

project area, RCFB - A geographic area that delineates a grant assisted site which is subject toproject agreement requirements (WAC 286.04.01 0).

project area, SRFB - The area consistent with the geographic limits of the scope of work of theproject and subject to project agreement requirements. For restoration projects, the project area mustinclude the physical limits of the project's final site plans or fìnal design plans. For acquisition projects,the project area must include the area described by the legal description of the properties acquired foror committed to the project (WAC 420.04.010).

project cost - The total allowable costs incurred under this Agreement and all required match shareand voluntary committed matching share, including third-party contributions (2 C.F.R. S 200.83(2013)).

project end date - The specific date identified in the Agreement on which the period of performanceends, as may be changed by amendment. This date is not the end date for any long{erm obligations.

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project start date - The specific date identified in the Agreement on which the period of performancestarts.

research project - Means a project that studies salmon and the effectiveness of recovery restorationefforts on the population or habitat condition.

RCO - Recreation and Conservation Office - The state office that provides administrative support tothe Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includesthe director and staff , created by RCW 79A.25.1 1 0 and 79A.25. 1 50 and charged with administeringthis Agreement by RCW 77.85.110 and 79A.25.240.

reimbursement - RCO's payment of funds from eligible and allowable costs that have already beenpaid by the Sponsor per the terms of theAgreement.

renovation project - A project intended to improve an existing site or structure in order to increaseits useful service life beyond current expectations or functions. This does not include maintenanceactivities to maintain the facility for its originally expected useful service life.

restoration project - A project that brings a site back to its historic function as part of a naturalecosystem or improving the ecological functionality of a site.

restoration and enhancement project - A project that brings a site back to its historic function aspart of a natural ecosystem or that improves the ecological functionality of a site or a largerecosystem which improvement may include benefiting fish stocks.

RCFB - Recreation and Conservation Funding Board

RGW - Revised Code of Washington

Recreational Trails Program (RTP) -A Federal Highways Administration grant program

secondary Sponsor - One of two or more Sponsors who is not a primary Sponsor. Only the primarySponsor may be the fiscal agent for the project.

Sponsor - A Sponsor is an organization that is listed in and has signed this Agreement.

Sponsor Authorized Representative/Agent - A Sponsor's agent (employee, political appointee,elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiringa Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement,grant, and project.

SRFB - Salmon Recovery Funding Board

subaward - Funds allocated to the RCO from another organization, for which RCO makes availableto or assigns to another organization via this Agreement. Also, a subaward may be an award providedby a pass-through entity to a subrecipient for the subrecipient to carry out part of any award receivedby the pass-through entity. lt does not include payments to a contractor or payments to an individualthat is a benefìciary of a federal or other program. A subaward may be provided through any form oflegal agreement, including an agreement that the pass-through entity considers a contract. Also see 2C.F.R. S 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out aportion of a Federal award and creates a federal assistance relationship with the subrecipient (2

C.F.R. S 200.330 (2013)). lf thisAgreement is a federalsubaward, the subaward amount is the grantprogram amount in Section G: Project Funding.

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subrec¡p¡ent - Subrecipient means an entity that receives a subaward. For non-federal entitiesreceiving federal funds, a subrecipient is an entity that receives a subaward from a pass-throughentity to carry out part of a federal program; but does not include an individual that is a beneficiary ofsuch program. A subrecipient may also be a recipient of other federal awards directly from a federalawarding agency (2 C.F.R. S 200.93 (2013)). lf thisAgreement is a federalsubaward, the Sponsor isthe subrecipient.

useful service life - Period during which an asset or property is expected to be useable for thepurpose it was acquired, developed, renovated, and/or restored per this Agreement.

WAG - Washington Administrative Code

SECTION 2. PERFORMANCE BYTHE SPONSOR

The Sponsor shall undertake the project as described in this Agreement, and in accordance with theSponsor's proposed goals and objectives described in the application or documents submitted with theapplication, all as finally approved by the funding board. All submitted documents are incorporated by thisreference as if fully set forth herein.

Timely completion of the project and submission of required documents, including progress and final reports,is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is amaterial breach of the Agreement.

SECTION 3. ASS¡GNMENT

Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by theSponsor without prior written consent of the RCO.

SECTION 4. RESPONSIBILITY FOR PROJECT

While the funding board undertakes to assist the Sponsor with the project by providing a grant pursuant to thisAgreement, the project itself remains the sole responsibility of the Sponsor. The funding board undertakes noresponsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. Theresponsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for anyclaim or suit of any nature by any third party related in any way to the project. When a project is Sponsored bymore than one entity, any and all Sponsors are equally responsible for the project and all post-completionstewardship responsibilities and long-term obligations unless otherwise stated in this Agreement.

The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction ofthe project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and otherswith expertise or authority. ln this respect, the RCO will act only to confirm at a general, lay, and nontechnicallevel, solely for the purpose of compliance and payment and not for safety or suitability, that the project hasapparently been completed as per the Agreement.

SECTION 5. INDEMNIFICATION

The Sponsor shall defend, indemniff, and hold the State and its officers and employees harmless from aflclaims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors,omissions or negligence in connection with this Agreement (including without limitation all work or activitiesthereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents,employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsormay be legally liable.

Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and holdharmless the State from claims, demands or suits based solely upon the negligence of the State, itsemployees and/or agents for whom the State is vicariously liable.

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Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) theSponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any otherpersons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it isvicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor'snegligence or the negligence of the Sponsor's agents, employees, contractors, subcontractors or vendors, ofany tier, or any other persons for whom the Sponsor may be legally liable.

This provision shall be included in any agreement between Sponsor and any contractors, subcontractor andvendor, of any tier.

The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from allclaims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyrightinfringement or other allegedly improper appropriation or use of trade secrets, patents, proprietaryinformation, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees,contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legallyliable, in performance of the work under this Agreement or arising out of any use in connection with theAgreement of methods, processes, designs, information or other items furnished or communicated to theState, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not applyto any alleged patent or copyright infringement or other allegedly improper appropriation or use of tradesecrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's,its agents', officers' and employees'failure to comply with specific written instructions regarding use providedto the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors,subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable.

As part of its obligations provided above, the Sponsor specifically assumes potential liability for actionsbrought by the Sponsor's own employees or its agents against the State and , solely for the purpose of thisindemnification and defense, the Sponsor specifically waives any immunity under the state industrialinsurance law, RCWTitle 51.

The funding board and RCO are included within the term State, as are all other agencies, departments,boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government.

SECTION 6. INDEPENDENT GAPAC¡TY OF THE SPONSOR

The Sponsor and its employees or agents performing under this Agreement are not officers, employees oragents of the funding board or RCO. The Sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO, a funding board or of the state of Washington, nor will the Sponsor make anyclaim of right, privilege or benefit which would accrue to an employee under RCW 41.06 or Section 308.

The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of anykind required by federal, state, and/or local laws.

SECTION 7. CONFLICT OF ¡NTEREST

Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its solediscretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice andexamination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similarstatute involving the Sponsor in the procurement of, or performance under, this Agreement.

ln the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the sameremedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the SponsorThe rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to anyother rights and remedies provided by law or this Agreement.

SECTION 8. COMPLIANCE WITH APPLICABLE LAW

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ln implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws(including without limitation all applicable ordinances, codes, rules, and regulations). Such complianceincludes, without any limitation as to other applicable laws, the following laws:

A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and localnondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act;Civil Rights Act; and the Age Discrimination Act. ln the event of the Sponsor's noncompliance orrefusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded,cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for furthergrant awards from the funding board. The Sponsor is responsible for any and all costs or liabilityarising from the Sponsor's failure to so comply with applicable law.

B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religiousactivities, worship, or instruction, or for lands and facilities for religious activities, worship, orinstruction. Religious activities, worship, or instruction may be a minor use of the grant supportedrecreation and conservation land or facility.

C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, andpolicies of the United States and the State of Washington or other jurisdiction which affect wages andjob safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, tocomply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanicsemployed in the performance of any part of this contract, and to file a statement of intent to payprevailing wage with the Washington State Department of Labor and lndustries as required by RCW39.12.040 . The Sponsor also agrees to comply with the provisions of the rules and regulations of theWashington State Department of Labor and lndustries.

1. Exception, Service Organizations of Trail and Environmental Projects (RCW

794.35.130). lf allowed by state and federal law and rules, participants in conservation corpsprograms offered by a nonprofit organization affiliated with a national service organizationestablished under the authority of the national and community service trust act of 1993, P.L.103-82, are exempt from provisions related to rates of compensation while performingenvironmental and trail maintenance work provided: (1) The nonprofit organization must beregistered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization'smanagement and administrative headquarters must be located in Washington; (3) Participantsin the program must spend at least fifteen percent of their time in the program on educationand training activities; and (4) Participants in the program must receive a stipend or livingallowance as authorized by federal or state law. Participants are exempt from provisionsrelated to rates of compensation only for environmental and trail maintenance work conductedpursuant to the conservation corps program.

D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects forpotential impacts to archaeological sites and state cultural resources. The Sponsor must assist RCOin compliance with Governor's Executive Order 05-05 or the National Historic Preservation Act beforeand after initiating ground-disturbing activity or construction, repair, installation, rehabilitation,renovation, or maintenance work on lands, natural resources, or structures. The funding boardrequires documented compliance with Executive Order 05-05 or Section 106 of the National HistoricPreservation Act, whichever is applicable to the project. lf a federal agency declines to consult, theSponsor shall comply with the requirements of Executive Order 05-05. ln the event thatarchaeological or historic materials are discovered during project activities, work in the location ofdiscovery and immediate vicinity must stop instantly, the area must be secured, and notification mustbe provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and theState Department of Archaeology and Historic Preservation. lf human remains are discovered duringproject activity, work in the location of discovery and immediate vicinity must stop instantly, the areamust be secured, and notification provided to the concerned Tribe's cultural staff and culturalcommittee, RCO, State Department of Archaeology, the coroner and local law enforcement in themost expeditious manner possible according to RCW 68.50.

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E. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other thanfor normal and recognized executive-legislative relationships, for publicity or propaganda purposes, orfor the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, orvideo presentation designed to support or defeat legislation pending before the U.S. Congress or anystate legislature.

No part of any funds provided under this grant shall be used to pay the salary or expenses of anySponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation orappropriations pending before the U.S. Congress or any state legislature.

F. Debarment and Gertification. By signing the Agreement with RCO, the Sponsor certifies that neitherit nor its principals nor any other lower tier participant are presently debarred, suspended, proposedfor debarment, declared ineligible or voluntarily excluded from participation in this transaction byWashington State Labor and lndustries. Further, the Sponsor agrees not to enter into anyarrangements or contracts related to this Agreement with any party that is on Washington StateDepartment of Labor and lndustries'"Debarred Contractor List."

SECTION 9. RECORDS

A. Digital Records. lf requested by RCO, the Sponsor must provide a digital file(s) of the projectproperty and funded project site in a format specified by the RCO.

B. Maintenance. The Sponsor shall maintain books, records, documents, data and other evidencerelating to this Agreement and performance of the services described herein, including but not limitedto accounting procedures and practices which sufficiently and properly reflect all direct and indirectcosts of any nature expended in the performance of this Agreement. Sponsor shall retain suchrecords for a period of six years from the date RCO deems the project complete, as defined in Section11: PROJECT REIMBURSEMENTS. lf any litigation, claim or audit is started before the expiration ofthe six (6) year period, the records shall be retained until all litigation, claims, or audit findingsinvolving the records have been resolved.

C. Access to Records and Data. At no additional cost, the records relating to the Agreement, includingmaterials generated under the Agreement, shall be subject at all reasonable times to inspection,review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, andfederal and state officials so authorized by law, regulation or agreement. This includes access to allinformation that supports the costs submitted for payment under the grant and all findings,conclusions, and recommendations of the Sponsor's reports, including computer models andmethodology for those models.

D. Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that thisAgreement and any records Sponsor submits or has submitted to the State shall be a public record asdefined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04.Additionally, in compliance with RCW 77.85.130(8), Sponsor agrees to disclose any information in

regards to expenditure of any funding received from the SRFB. By submitting any record to the State,Sponsor understands that the State may be requested to disclose or copy that record under the statepublic records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses suchlegal rights as are necessary to permit the State to disclose and copy such document to respond to arequest under state public records laws. The Sponsor hereby agrees to release the State from anyclaims arising out of allowing such review or copying pursuant to a public records act request, and toindemniff against any claims arising from allowing such review or copying and pay the reasonablecost of state's defense of such claims.

SECTION IO. PROJECT FUNDING

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A. Authority. This Agreement is funded through a grant award from the recreation and conservationfunding board per WAC 286 and/or the salmon recovery funding board per WAC 420. The director ofRCO enters into this Agreement per delegated authority in RCW 79A.25.020 and77.85.120.

B. AdditionalAmounts. The funding board shall not be obligated to pay any amount beyond the dollaramount as identified in this Agreement, unless an additional amount has been approved in advanceby the funding board or director and incorporated by written amendment into this Agreement.

C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before theproject start date shall be eligible for grant funds, in whole or in part, unless specifically provided forby funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreementcosts. For reimbursements of such costs, this Agreement must be fully executed and an originalreceived by RCO. The dollar amounts identified in this Agreement may be reduced as necessary toexclude any such expenditure from reimbursement.

D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in

Section H: FEDERAL FUND INFORMATION are ineligible unless approved by the federal awardagency (2 C.F.R S 200.458 (2013)).

E. After the Period of Performance. No expenditure made, or obligation incurred, following the periodof performance shall be eligible, in whole or in part, for grant funds hereunder. ln addition to anyremedy the funding board may have under this Agreement, the grant amounts identified in thisAgreement shall be reduced to exclude any such expenditure from participation.

SEGTIONII. PROJECTREIMBURSEMENTS

A. Reimburcement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13and/or 420-12. Only the primary Sponsor may request reimbursement for eligible and allowable costsincurred during the period of performance. The primary Sponsor may only request reimbursementafter (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to itsvendors. RCO will authorize disbursement of project funds only on a reimbursable basis at thepercentage as defined in Section G: PROJECT FUNDING. Reimbursement shall not be approved forany expenditure not incurred by the Sponsor or for a donation used as part of its matching share.RCO does not reimburse for donations. All reimbursement requests must include properdocumentation of expenditures as required by RCO.

B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursementrequest to RCO, at a minimum for each project at least once a year for reimbursable activitiesoccurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to themost recently published/adopted RCO policies and procedures regarding reimbursementrequirements.

C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement isexpressly conditioned on strict compliance with the terms of this Agreement and other agreementsbetween RCO and the Sponsor.

D. Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of thetotal amount of the grant to the Sponsor until the project has been completed. A project is considered"complete" when:

1. All approved or required activities outlined in the Agreement are done;

2. On-site signs are in place (if applicable);

3. A final project report is submitted to and accepted by RCO;

4. Any other required documents and media are complete and submitted to RCO;

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5. A final reimbursement request is submitted to RCO;

6. The completed project has been accepted by RCO;

7. Final amendments have been processed;

8. Fiscal transactions are complete, and

9. RCO has accepted a final boundary map, if requested by RCO, for which the Agreement termswill apply in the future.

10. Notice of Grant (if applicable) filed with the county lands records office and a stamped copyreceived by RCO

E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2C.F.R. S 200.306 (2013). Any shared costs or matching funds and all contributions, including cashand third party in-kind contributions, can be accepted as part of the Sponsor's matching share whensuch contributions meet all of the following criteria:

1. Are verifiable from the non-Federal entity's (Sponsor's) records;

2. Are not included as contributions for any other Federal award;

3. Are necessary and reasonable for accomplishment of project or program objectives;

4. Are allowable under 2 C.F.R. Part 200, Subpart E-Cost Principles (2013);

5. Are not paid by the Federal Government under another Federal award, except where theFederal statute authorizing a program specifically provides that Federal funds made availablefor such program can be applied to matching or cost sharing requirements of other Federalprograms;

6. Are provided for in the approved budget when required by the Federal awarding agencyidentified in Section H: FEDERAL FUND INFORMATION of this Agreement; and

7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D-Post FederalAwardRequirements (201 3), as applicable.

F. Requirements for Federal Subawards: Close out. Per 2 C.F.R $ 200.343 (2013), the non-Federalentity (Sponsor) must:

1. Submit, no later than 90 calendar days after the end date of the period of performance, allfinancial, performance, and other reports as required by the terms and conditions of theFederal award. The Federal awarding agency or pass-through entity (RCO) may approveextensions when requested by the Sponsor.

2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days afterthe end date of the period of performance as specified in the terms and conditions of theFederal award.

3. Refund any balances of unobligated cash that the Federal awarding agency or pass-throughentity (RCO) paid in advance or paid and that are not authorized to be retained by thenon-Federal entity (Sponsor) for use in other pro¡ects. See OMB CircularA-129 and see 2C.F.R S 200.345 Collection of amounts due (2013), for requirements regarding unreturnedamounts that become delinquent debts.

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4. Account for any real and personal property acquired with Federal funds or received from theFederalGovernment in accordance with 2 C.F.R SS 200.310lnsurance coverage through200.316 Property rust relationship and 200.329 Reporting on real property (2013).

SECTION 12. ADVANCE PAYMENTS

Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCOdirector and are consistent with legal requirements and Manual 8: Reimbursements. See WAC 420-12.

SECTION 13. RECOVERYOF PAYMENTS

A. Recovery for Noncompliance. ln the event that the Sponsor fails to expend funds under thisAgreement in accordance with state and federal laws, and/or the provisions of the Agreement, ormeet its percentage of the project total, RCO reserves the right to recover grant award funds in theamount equivalent to the extent of noncompliance in addition to any other remedies available at law orin equity.

B. Overpayment Payments. The Sponsor shall reimburse RCO for any overpayment or erroneouspayments made under the Agreement. Repayment by the Sponsor of such funds under this recoveryprovision shall occur within 30 days of demand by RCO. lnterest shall accrue at the rate of twelvepercent (12o/o) per annum from the time that payment becomes due and owing.

C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any ofthe remedies as authorized in 2 C.F.R SS 200.207 Specific conditions and/or 200.338 Remedies fornoncompliance (2013).

SECTION I4. COVENANTAGAINST CONTINGENT FEES

The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure thisAgreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose ofsecuring business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminatethis Agreement without liability or, in its discretion, to deduct from the Agreement grant amount orconsideration or recover by other means the full amount of such commission, percentage, brokerage orcontingent fee.

sEcTroN 15. TNGoME (AND FEES) AND USE OF TNGOME

RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB.

A. lncome.

1. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted fromthis section is income generated and fees paid on/for properties which received funds from theFarm and Forest Account (RCW 794.1 5. 1 30).

2. Firearms and Archery Range Recreation Projects. Excepted from this section are safetyclasses (firearm and/or hunter) for which a facility/range fee must not be charged (RCW79A..25.210).

3. Gompatible source. The source of any income generated in a funded project or project areamust be compatible with the funding source and the Agreement and any policies adopted bythe RCFB or SRFB.

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B. Use of lncome. Subject to any limitations contained in applicable state or federal law and applicablerules and policies, income or fees generated at a project work site (including entrance, utility corridorpermit, cattle grazing, timber harvesting, farming, etc.) during or after the reimbursement period citedin the Agreement, must be used to offset:

1. The Sponsor's matching resources;

2. The project's total cost;

3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facilityor program assisted by the funding board grant;

4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similarunits in the Sponsor's system;

5. Capital expenses for similar acquisition and/or development and renovation; and/or

6. Other purposes explicitly approved by RCO

C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed,maintained, renovated, or restored with funding board grants if the fees are consistent with the:

1. Grant program laws, rules, policies, and funding board policies;

2. Value of any service(s) furnished;

3. Value of any opportunities furnished; and

4. Prevailing range of public fees in the state for the activity involved.

D. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. S 200.307Program income (2013).

SECTIONI6. PROGUREMENTREQUIREMENTS

A. Procurement Requirements. lf the Sponsor has, or is required to have, a procurement process thatfollows applicable state and/or federal law or procurement rules and principles, it must be followed,documented, and retained. lf no such process exists the Sponsor must follow these minimumprocedures:

1. Publish a notice to the public requesting bids/proposals for the project;

2. Speciff in the notice the date for submittal of bids/proposals;

3. Speciff in the notice the general procedure and criteria for selection; and

4. Sponsor must contract or hire from within its bid pool. lf bids are unacceptable the processneeds to be repeated until a suitable bid is selected.

5. Comply with the same legal standards regarding unlawful discrimination based upon race,gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting abidder or proposer.

Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.

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This procedure creates no rights for the benefit of third parties, including any proposers, andmay not be enforced or subject to review of any kind or manner by any entity other than theRCO. Sponsors may be required to certify to the RCO that they have followed any applicablestate and/or federal procedures or the above minimum procedure where state or federalprocedures do not apply.

B. Requirements for Federal Subawards.

1. For all Federal subawards except RTP projects, non-Federal entities (Sponsors) must follow 2C.F.R SS 200.318 Generalprocurement standards through 200.326 Contract Provisions(2013).

2. For RTP subawards, Sponsors follow such policies and procedures allowed by the State whenprocuring property and services under a Federal award (2 C.F.R S 1201.317 (2013)). Stateprocurement policies are in subsection A of this section.

SEGTION 17. TREATMENT OF EQUIPMENT AND ASSETS

Equipment shall be used and managed only for the purpose of this Agreement, unless othenruise providedherein or in published funding board policies, or approved by RCO in writing.

A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of theSponsor for the duration of the project, or RULES of applicable grant assisted program. \A/hen theSponsor discontinues use of the equipment for the purpose for which it was funded, RCO may requirethe Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCOpublished policies.

B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment.

C. Requirements for Federal Subawards. Except in the RTP, procedures for managing equipment(including replacement equipment), whether acquired in whole or in part under a Federal award ormatch for the award, until disposition takes place will, at a minimum, meet the following requirements(2 C.F.R S 200.313 (2013)):

1. Property records must be maintained that include a description of the property, a serialnumber or other identification number, the source of funding for the property (including theFederalAward ldentification Number), who holds title, the acquisition date, and cost of theproperty, percentage of Federal participation in the project costs for the Federal award underwhich the property was acquired, the location, use and condition of the property, and anyultimate disposition data including the date of disposal and sale price of the property.

2. A physical inventory of the property must be taken and the results reconciled with the propertyrecords at least once every two years.

3. A control system must be developed to ensure adequate safeguards to prevent loss, damage,or theft of the property. Any loss, damage, or theft must be investigated.

4. Adequate maintenance procedures must be developed to keep the property in good condition

5. lf the non-Federal entity is authorized or required to sell the property, proper sales proceduresmust be established to ensure the highest possible return.

D. Requirements for RTP Subawards.

1. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by andallowed by the State, as well as federal law and federal rules issued by the Federal HighwaysAdministration and 2 CFR 200.

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2. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act asamended.

SECTION I8. RIGHT OF INSPECTION

The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any otherauthorized agent or official of the state of Washington or the federal government, at all reasonable times, inorder to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance underthis Agreement.

lf a landowner agreement or other form of control and tenure as described in Section 23.C: Control andTenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect andaccess lands acquired or developed with funding board assistance.

SECTIONI9. STEWARDSHIPANDMONITORING

Sponsor agrees to perform monitoring and stewardship functions as stated in funding board policy, thisAgreement, or as otherwise directed by RCO consistent with existing policies. Sponsor further agrees toutilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board

SECTION 20. PREFERENCES FOR RES¡DENTS

Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation, membership, and/or permit systems) except that reasonable differences in

admission and other fees may be maintained on the basis of residence. Fees for nonresidents must notexceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged tononresidents, the nonresident fee shall not exceed the amount that would be imposed on residents atcomparable state or local public facilities.

SECTION 2I. ACKNOWLEDGMENT AND SIGNS

A. Publications. The Sponsor shall include language which acknowledges the funding contribution ofthe applicable grant program to this project in any release or other publication developed or modifiedfor, or referring to, the project during the project period and in the future.

B. Signs.

1, During the period of performance through the period of long{erm obligation, the Sponsor shallpost openly visible signs or other appropriate media at entrances and other locations on theproject area that acknowledge the applicable grant program's funding contribution, unlessexempted in funding board policy or waived by the director; and

2. During the period of long{erm obligation, the Sponsor shall post openly visible signs or otherappropriate media at entrances and other locations to notify the public of the availability of thesite for reasonable public access.

C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremonyfor this project. The Sponsor shall verbally acknowledge the applicable grant program's fundingcontribution at all dedication ceremonies.

D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bidsolicitations, and other documents describing a project funded in whole or in part with federal moneyprovided for in this grant, Sponsors shall clearly state:

1. The fund source;

2. The percentage of the total costs of the project that is financed with federal money;

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3. The dollar amount of federal funds for the project; and

4. The percentage and dollar amount of the total costs of the project that is financed bynongovernmental sources.

SECTION 22. PROVISIONS FOR BOATING PROJECT GRANTS

lf requested by RCO, or required per state or federal law or rule with respect to any project or project elementthat supports recreational boating, Sponsor shall manage the project or project element per federal rules toinclude 2 C.F.R. Part 200, and place a United States Coast Guard (or otherfederal agency) logo and fundingprogram information at the project site.

sEcTroN 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, ANDRESTOR,ATION PROJECTS

The following provisions shall be in force only if the project described in this Agreement is for construction ofland or facilities in a development, maintenance, renovation or restoration project:

A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, oroperated with the assistance of money granted by the board and within the project area shall be built,operated, and maintained according to applicable regulations, laws, building codes, and health andpublic safety standards to assure a reasonably safe condition and to prevent premature deterioration(WAC 286.13.130). lt is the Sponsor's sole responsibility to ensure the same are operated andmaintained in a safe and operable condition. The RCO does not conduct safety inspections or employor train staff for that purpose.

B. Document Review and Approval. Prior to commencing construction or finalizing the design, theSponsor agrees to submit one copy of all construction and restoration plans and specifications toRCO for review solely for compliance with the scope of work to be identified in the Agreement . RCOdoes not review for, and disclaims any responsibility to review for safety, suitability, engineering,compliance with code, or any matters other than the scope so identified. Although RCO staff mayprovide tentative guidance to a Sponsor on matters related to site accessibility by persons with adisability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility aremet even if the RCO guidance would not meet such requirements.

1. Change orders that impact the amount of funding or changes to the scope of the project asdescribed to and approved by the funding board or RCO must receive prior written approval ofthe board or RCO.

C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure (suchas landowner agreement, long-term lease, easement, or fee simple ownership) for the land proposedfor construction. The documentation must meet current RCO requirements identified in theappropriate grant program policy manual as of the effective date of this Agreement and determinesthe long-term compliance period unless otherwise approved by the board.

D. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is

used, the Sponsor shall insert the following nondiscrimination clause in each contract for constructionof this project:

"During the performance of this contract, the contractor agrees to comply with all federal and statenondiscrimination laws, regulations and policies."

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E. Use of Best Management Practices. Sponsors are encouraged to use best management practicesincluding those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)Program. AHG documents include "lntegrated Streambank Protection Guidelines", 2002; "Land UsePlanning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protectionand recovery', 2009', "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "StreamHabitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "MarineShoreline Design Guidelines", 2014. These documents, along with new and updated guidancedocuments, and other information are available on the AHG Web site. Sponsors are also encouragedto use best management practices developed by the Washington lnvasive Species Council (WISC)described in "Reducing Accidental lntroductions of lnvasive Species" which is available on the WISCWeb site.

SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS

The following provisions shall be in force only if the project described in this Agreement is an acquisitionproject (including projects with any acquisition component):

A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rightsacquired has been established according to funding board policy.

B. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownershipinterest for the property that has been acquired. This shall be done before any payment of financialassistance.

C. Legal Description of Real Property Rights Acquired. The legal description of the real propertyrights purchased with funding assistance provided through this Agreement (and protected by arecorded conveyance of rights to the State of Washington ) shall be delivered to RCO before finalpayment.

D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple andlesser interests) are acquired, the Sponsor agrees to execute an appropriate document conveyingcertain rights and responsibilities to RCO, on behalf of the State of Washington. These documentsinclude a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. TheSponsor agrees to use document language provided by RCO, to record the executed document in theCounty where the real property lies, and to provide a copy of the recorded document to RCO. Thedocument required will vary depending on the funding board project type, the real property rightsbeing acquired and whether or not those rights are being acquired in perpetuity.

1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the rightto preserve, protect, access, and/or use the property for public purposes consistent with thefunding source and project agreement. See WAC 286 or 420. Sponsors shall use thisdocument when acquiring real property rights that include the underlying land. This documentmay also be applicable for those easements where the Sponsor has acquired a perpetualeasement for public purposes.

2. Assignment of Rights. The Assignment of Rights document transfers certain rights to RCOand the state such as public access, access for compliance, and enforcement. Sponsors shalluse this document when an easement or lease is being acquired under this Agreement. TheAssignment of Rights requires the signature of the underlying landowner and must beincorporated by reference in the easement document.

3. Easements and Leases. The Sponsor may incorporate required language from the Deed ofRight or Assignment of Rights directly into the easement or lease document, therebyeliminating the requirement for a separate document. Language will depend on the situation;Sponsor must obtain RCO approval on the draft language prior to executing the easement orlease.

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E. Real Property Acquisition and Relocation Assistance.

1. Federal Acquisition Policies. When federal funds are part of this Agreement, the Sponsoragrees to comply with the terms and conditions of the Uniform Relocation Assistance and RealProperty Acquisition Policies Act of 1970, 84 Stat. 1894 (1g70)--Public Law 91-646, asamended, and applicable regulations and procedures of the federal agency implementing thatAct.

2. State Acquisition Policies. When state funds are part of this Agreement, the Sponsor agreesto comply with the terms and conditions of the Uniform Relocation Assistance and RealProperty Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter468-100 WAC.

3. Housing and Relocation. ln the event that housing and relocation costs, as required byfederal law set out in subsection (1) above and/or state law set out in subsection (2) above,are involved in the execution of this project, the Sponsor agrees to provide any housing andrelocation assistance required.

F. Buildings and Structures. ln general, grant funds are to be used for outdoor recreation,conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.Sponsor must consult with RCO regarding treatment of such structures and compliance with Section8.D Archeological and Cultural Resources.

G. HazardousSubstances.

1. Gertification. The Sponsor shall inspect, investigate, and conduct an environmental audit ofthe proposed acquisition site for the presence of hazardous substances, as defined in RCW70. 1 05D.020(1 3), and certify:

a. No hazardous substances were found on the site, or

b. Any hazardous substances found have been treated and/or disposed of in compliancewith applicable state and federal laws, and the site deemed "clean."

2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regardinghazardous substances as set forth in RCW 70.105D.

3. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and allof its employees and/or agents, from and against any and all liability, cost (including but notlimited to all costs of defense and attorneys' fees) and any and all loss of any nature from anyand all claims or suits resulting from the presence of, or the release or threatened release of,

hazardous substances on the property the Sponsor is acquiring, except to the extent, if any,that the State, its officers and agents caused or contributed to the release. The funding boardand RCO are included within the term State, as are all other agencies, departments, boards,councils, committees, divisions, bureaus, offices, societies, or other entities of stategovernment.

H. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports atleast annually on the status of real property in which the federal government retains an interest,unless the federal interest in the real property extends 15 years or longer. ln those instances wherethe federal interest attached is for a period of 15 years or more, the federal awarding agency or thepass-through entity (RCO), at its option, may require the Sponsor to report at various multi-yearfrequencies (e.9., every two years or every three years, not to exceed a five-year reporting period; ora federal awarding agency or RCO may require annual reporting for the first three years of a federalaward and thereafter require reporting every five years) (2 C.F.R S 200.329 (2013)).

SECTION 25. LONG.TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS

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A. Long-Term Obligations of RCFB Projects. Sponsor shallcomply with WAC 286-13-160, 170, andI 80.

B. Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420

G. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unlessotherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or thefunding board, RCO requires that the project area continue to function as intended after the period ofperformance in perpetuity.

D. Gonvercion. The Sponsor shall not at any time convert any real property (including any interesttherein) or facility acquired, developed, renovated, and/or restored pursuant to this Agreement, unlessprovided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to,putting such property to uses other than those purposes for which funds were approved ortransferring such property to another entity without prior approval via a written amendment to theAgreement. Also see WAC Title 286 or 420 and applicable policies. All real property or facilitiesacquired, developed, renovated, and/or restored with funding assistance shall remain in the sameownership and in public use/access status in perpetuity unless otherwise expressly provided in theAgreement or applicable policy or unless a transfer or change in use is approved by the funding boardthrough an amendment. Failure to comply with these obligations is a conversion. Further, if the projectis subject to operation and or maintenance obligations, the failure to comply with such obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination ofwhether a conversion has occurred shall be based upon this Agreement, applicable law andRCFB/SRFB policies.

For acquisition projects that are expressly term limited in the Agreement, such as one involving alease or a term-limited restoration, renovation or development project or easement, the restriction onconversion shall apply only for the length of the term, unless otherwise provided in this Agreement, byfunding board policy, other RCO approved written documents, or required by applicable state orfederallaw.

When a conversion has been determined to have occurred, the Sponsor is required to remedy theconversion per established funding board policies, and the board or RCO may pursue such remediesas are allowed by law and board policies, and/or this Agreement.

SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS

The following provisions shall be in force only if the project described in this Agreement is an acquisition ,

development, maintenance, renovation, or restoration project:

A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilitiesassisted with funding board funds, including undeveloped sites, are built, operated, used, andmaintained:

1. According to applicable federal, state, and local laws and regulations, including public healthstandards and building codes;

2. ln a reasonably safe condition for the project's intended use;

3. Throughout its estimated useful service life so as to prevent undue deterioration;

4. ln compliance with allfederal and state nondiscrimination laws, regulations and policies.

B. Open to the public. Unless otherwise specifically provided for in the Agreement of funding boardpolicies, and in compliance with applicable statutes, rules, and funding board policies, facilities mustbe open and accessible to the general public, and must:

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1. Be constructed, maintained, and operated to meet or exceed the minimum requirements of themost current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards,guidelines, or rules, including but not limited to: the lnternational Building Code, theAmericanswith Disabilities Act, and the Architectural Barriers Act, as amended and updated.

2. Appear attractive and inviting to the public except for brief installation, construction, ormaintenance periods.

3. Be available for appropriate use by the general public at reasonable hours and times of theyear, according to the type of area or facility, unless otherwise stated in RCO manuals, by adecision of the board, or by RCO in writing. Sponsor shall notiff the public of the availability foruse by posting and updating that information on its website and by maintaining at entrancesand/or other locations openly visible signs with such information.

SECTION 27. RECORDED NOTICE OF GRANT

At the request of RCO, Sponsor shall record a notice of grant on the property and shall submit to the RCO arecorded and registry stamped copy of such notice. The purpose of the notice of grant is to ensure that thepresent and future use of the facility is and shall remain subject to the terms and conditions described in thisAgreement. The notice of grant shall be in a format specified by RCO.

sEcTroN 28. PROVTSTONS RELATED TO CORPORATE (TNCLUDTNG NONPROFTT) SPONSORS

A corporate Sponsor, including any nonprofit Sponsor, shall:

A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the Sponsor's obligation to the project as identified in the Agreement.

B. Notify RCO before corporate dissolution at any time during the period of performance or long-termobligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agreein writing to assume any on-going project responsibilities, and transfer all property and assets to thesuccessor. A qualified successor is any party eligible to apply for funds in the subject grant programand capable of complying with the terms and conditions of this Agreement. RCO will process anamendment transferring the Sponsor's obligation to the qualified successor if requirements are met.

C. Maintain sites or facilities open to the public and may not limit access to members

SECTION 29. PROVISIONS FOR FEDERAL SUBAWARDS ONLY

The following provisions shall be in force only if the project described in this Agreement is funded with afederalsubaward as identified in Section H: FEDERAL FUND lnformation:

A. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013)Unless otherwise indicated, the cost principles apply to the use of funds provided under thisAgreement to include match and any in-kind matching donations. The applicability of the costprinciples depends on the type of organization incurring the costs.

B. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorizedstaff, at the time of a request for reimbursement, the following: "To the best of my knowledge andbelief that the report is true, complete, and accurate, and the expenditures, disbursements and cashreceipts are for the purposes and objectives set forth in the terms and conditions of the Federalaward. I am aware that any false, fictitious, or fraudulent information, or the omission of any materialfact, may subject me to criminal, civil or administrative penalties for fraud, false statements, falseclaims or othenrise. (U.S. Code Title 18, Section 1001 and Title 31 , Sections 3729-3730 and3801-3812)."

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C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, allcontracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. S 60-1.3must include the equal opportunity clause provided under4l C.F.R. S 60- 1.4(b), in accordance withExecutive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935,3 C.F.R. Part,1964-1965 Comp., p.339), as amended by Executive Order 11375, Amending Executive Order 11246Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Officeof Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).See 2 C.F.R. Part 200, Appendix ll, paragraph C.

1. Federally Assisted Gonstruction Contract. The regulation at 41 C.F.R. S 60-1.3 defines a"federally assisted construction contract" as any agreement or modification thereof betweenany applicant and a person for construction work which is paid for in whole or in part with fundsobtained from the Government or borrowed on the credit of the Government pursuant to anyFederal program involving a grant, contract, loan, insurance, or guarantee, or undertakenpursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,or any application or modification thereof approved by the Government for a grant, contract,loan, insurance, or guarantee under which the applicant itself participates in the constructionwork.

2. Gonstruction Work. The regulation al41 C.F.R. S 60-1 .3 defines "construction work" as theconstruction, rehabilitation, alteration, conversion, extension, demolition or repaír of buildings,highways, or other changes or improvements to real property, including facilities providingutility services. The term also includes the supervision, inspection, and other onsite functionsincidental to the actual construction.

D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal programlegislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities(Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations (29 C.F.R. $ 5, "Labor Standards ProvisionsApplicable to Contracts Covering Federally Financed and Assisted Construction").

ln accordance with the statute, contractors must be required to pay wages to laborers and mechanicsat a rate not less than the prevailing wages specified in a wage determination made by the Secretaryof Labor. ln addition, contractors must be required to pay wages not less than once a week. Thenon-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued bythe Department of Labor in each solicitation. The decision to award a contract or subcontract must beconditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) mustreport all suspected or reported violations to the federal awarding agency identified in Section H:

Federal Fund lnformation.

The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (40

U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractorsand Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans orGrants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) mustbe prohibited from inducing, by any means, any person employed in the construction, completion, orrepair of public work, to give up any part of the compensation to which he or she is othenruise entitled.The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federalawarding agency identified in Section H: Federal Fund lnformation.

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E. Gontract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, allcontracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve theemployment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C.3702 of the Act, each contractor must be required to compute the wages of every mechanic andlaborer on the basis of a standard work week of 40 hours. Work in excess of the standard work weekis permissible provided that the worker is compensated at a rate of not less than one and a half timesthe basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laboreror mechanic must be required to work in surroundings or under working conditions which areunsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies ormaterials or articles ordinarily available on the open market, or contracts for transportation ortransmission of intelligence.

F. Rights to Inventions Made Under a Gontract orAgreement. lf the Federal award meets thedefinition of "funding agreement" under 37 C.F.R S 401.2(a) and the recipient or subrecipient(Sponsor) wishes to enter into a contract with a small business firm or nonprofit organizationregarding the substitution of parties, assignment or performance of experimental, developmental, orresearch work under that "funding agreement," the recipient or subrecipient (Sponsor) must complywith the requirements of 37 C.F.R Part 401, "Rights to lnventions Made by Nonprofit Organizationsand Small Business Firms Under Government Grants, Contracts and CooperativeAgreements," andany implementing regulations issued by the awarding agency.

G. Glean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.1251-13871, as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain aprovision that requires the non-Federal award to agree to comply with all applicable standards, ordersor regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal WaterPollution ControlAct as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federalawarding agency identified in Section H: Federal Fund lnformation and the Regional Office of theEnvironmental Protection Agency (EPA)

H. Byrd Anti-Lobbying Amendment (3f U.S.C. f 352). By signing this Agreement, the Sponsor certifies(per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directlyor indirectly) received or will receive for this project from the United States or any agency thereof,have been used or shall be used to engage in the lobbying of the Federal Government or in litigationagainst the United States. Such lobbying includes any influence or attempt to influence an officer oremployee of any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with this project. Contractors that apply or bid for an awardexceeding $100,000 must file the required certification. Each tier certifies to the tier above that it willnot and has not used federal appropriated funds to pay any person or organization for influencing orattempting to influence an officer or employee of any agency, a member of Congress, officer oremployee of Congress, or an employee of a member of Congress in connection with obtaining anyfederal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also discloseany lobbying with non-federal funds that takes place in connection with obtaining any federal award.Such disclosures are fonruarded from tier to tier up to the non-federal award.

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Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency oragency of a political subdivision of a state and its contractors must comply with section 6002 of theSolid Waste DisposalAct, as amended by the Resource Conservation and Recovery Act. Therequirements of Section 6002 include procuring only items designated in guidelines of theEnvironmental Protection Agency (EPA) at 40 C.F.R part247 that contain the highest percentage ofrecovered materials practicable, consistent with maintaining a satisfactory level of competition, wherethe purchase price of the item exceeds $10,000 or the value of the quantity acquired during thepreceding fiscal year exceeded $10,000; procuring solid waste management services in a mannerthat maximizes energy and resource recovery; and establishing an affirmative procurement programfor procurement of recovered materials identified in the EPA guidelines.

J. Required lnsurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalentinsurance coverage for real property and equipment acquired or improved with federal funds asprovided to property owned by the non-federal entity. Federally-owned property need not be insuredunless required by the terms and conditions of the Federal award (2 C.F.R S 200.310 (2013)).

K. Debarment and Suspension (Executive Orders 12549 and f 2689). The Sponsor must not award acontract to parties listed on the government-wide exclusions in the System forAward Management(SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R $ 180that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of partiesdebarred, suspended, or othenvise excluded by agencies, as well as parties declared ineligible understatutory or regulatory authority other than Executive Order 12549.

L. Gonflict of lnterest. Sponsor agrees to abide by the conflict of interest policy and requirements of thefederal funding agency established pursuant to 2 C.F.R 200.

SECTION 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS

A. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo mustindemnify and defend the United States and hold it harmless from any claims, suits, losses, anddamages from; any allegedly unauthorized use of any patent, process, idea, method, or device by theuser in connection with its use of the logo, or any other alleged action of the user; and any claims,suits, losses, and damages arising from alleged defects in the articles or services associated with thelogo. No one may use any part of the logo in any other manner unless the United States Fish andWildlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Directorapproves in writing.

SECTION 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY

The following provisions shall be in force only if the project described in this Agreement is funded from theFirearms and Archery Range Recreation Account.

A. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure anendorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liabiliginsurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resourcesto pay successful claims of people who may be killed or injured, or suffer damage to property, whilepresent at the range facility to which this grant is related, or by reason of being in the vicinity of thatfacility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, orinjury to, each person.

B. lnsurance Endorsement. The liability insurance policy, including any endorsement or addition, shallname Washington State, the funding board, and RCO as additional insured and shall be in a formapproved by the funding board or director.

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C. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policymeeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation tothe project as identified in this Agreement in Section F. LONG-TERM OBLIGATIONS.

D. Notice of Gancellation. The policy, as modified by any endorsement or other addition, shall providethat the issuing company shall give written notice to RCO not less than thirty (30) calendar days inadvance of any cancellation of the policy by the insurer, and within ten (10) calendar days followingany termination of the policy by the Sponsor.

E. Government Agencies. The requirement of Subsection A through D above shall not apply if theSponsor is a federal, state, or municipal government which has established a program ofself-insurance or a policy of self-insurance with respect to claims arising from its facilities or activitiesgenerally, including such facilities as firearms or archery ranges, when the applicant declares anddescribes that program or policy as a part of its application to the funding board.

F. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume anyduty to any individual person with respect to death, injury, or damage to property which that personmay suffer while present at, or in the vicinity of, the facility to which this grant relates. Any suchperson, or any other person making claims based on such death, injury, or damage, must look to theSponsor, or others, for any and all remedies that may be available by law.

SECTION 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY

lf the project has been approved by the National Park Service, US Department of the lnterior, for fundingassistance from the federal Land and Water Conservation Fund (LWCF), the "LWCF Grant AgreementGeneral Provisions" are made part of this Agreement and incorporated herein . The Sponsor shall abide bythese LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended.Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements ofthe LWCF General Provisions.

sEcTloN 33. PROVTSIONS FOR FARMAND FORESTACCOUNT PROJECTS (FARMLANDANDFORESTLAND PRESERVATTON PROJECTS ONLY)

The following sections will not apply to Farmland and Forestland Preservation Projects if covered separately in

a recorded RCO approved Agricultural Conservation Easement, or Forest Conservation Easement (or othermethod):

A. Section 15 - lncome and lncome Use;

B. Section 19 - Stewardship and Monitoring;

C. Section 21 - Acknowledgement and Signs;

D. Section 24 - Provisions Applying To Acquisition Projects, Sub-sections D, F, and G;

E. Section 25C -Perpetuity; and

F. Section 26 -- Construction, Operation, Use and Maintenance of Assisted Projects.

SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY

For habitat restoration projects funded in part or whole with federal funds administered by the SRFB theSponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor hascomplied with 50 C.F.R. S 223.203 (bX8) (2000), limit I or until an Endangered Species Act consultation isfinalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement maybe grounds for terminating this Agreement. This section shall not be the basis for any enforcementresponsibility by RCO.

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SECTION 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY

The following provisions shall be in force only if the project described in this Agreement is funded in part orwholly from the Puget Sound Acquisition and Restoration program.

The Sponsor agrees to the following terms and conditions:

A. Gost Principles/lndirect Gosts For State Agencies. GRANT RECIPIENT agrees to comply with thecost principles of 2 CFR 200 Subpart E as appropriate to the award. ln addition to the USEnvironmental Protection Agency's General Terms and Conditions "lndirect Cost Rate Agreements," ifthe recipient does not have a previously established indirect cost rate, it agrees to prepare and submitits indirect cost rate proposal in accordance with 2 CFR 200 Appendix Vll.

B. Gredit and Acknowledgement. ln addition to Section 21: Acknowledgement and Signs, materialsproduced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership(PSP) logos and the following credit line: "This project has been funded wholly or in part by the UnitedStates Environmental Protection Agency. The contents of this document do not necessarily reflect theviews and policies of the Environmental Protection Agency, nor does mention of trade names orcommercial products constitute endorsement or recommendation for use. " This requirement is for thelife of the product, whether during or after the Agreement period of performance.

C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, ortraining space funded in whole or part with federal funds, complies with the federal Hotel and MotelFire SafetyAct (PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List

@ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find otherinformation about the Act.

D. Drug Free Workplace Gertification. Sub-recipient (Sponsor) shall make an ongoing, good faith effortto maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shallidentify all known workplaces under its federal awards, and keep this information on file during theperformance of the award. Sponsors who are individuals must comply with the drug-free provisionsset forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailedunder 2 C.F.R. Part 1536 Subpart E.

E. Management Fees. Management fees or similar charges in excess of the direct costs and approvedindirect rates are not allowable. The term "management fees or similar charges" refers to theexpenses added to direct costs in order to accumulate and reserve funds for ongoing businessexpenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees orsimilar charges may not be used to improve or expand the project funded under this Agreement ,

except for the extent authorized as a direct cost of carrying out the scope of work.

F. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provisionapplies only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any.Sub-recipient (Sponsor) shall include the following statement in all sub-awards made to any privateentity under this Agreement.

"You as the sub-recipient, your employees, sub-awardees under this award, andsub-awardees' employees may not engage in severe forms of trafficking in persons during theperiod of time that the award is in effect; procure a commercial sex act during the period oftime that the award is in effect; or use forced labor in the performance of the award orsub-awards under this Award."

The sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor) must inform RCOimmediately of any information you receive from any source alleging a violation of this prohibitionduring the award term.

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The federal agency funding this Agreement may unilaterally terminate, without penalty, the fundingaward if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, asamended.

G. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grantfunds awarded under this Agreement are used to engage in lobbying of the Federal Government or inlitigation against the United States, unless authorized under existing law. The recipient (Sponsor) shallabide by its respective Cost Principles (OMB Circulars A-21, A-87, and A-122), which generallyprohibits the use of federal grant funds for litigation against the United States, or for lobbying or otherpolitical activities.

The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shallinclude the language of this provision in award documents for all sub-awards exceeding $100,000,and require that sub-awardees submit certification and disclosure forms accordingly.

ln accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibitedexpenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall besubject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure.

All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions asstipulated in theAppendix at 40 C.F.R. Part 30.

Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a non-profitorganization described in Section 501(c)(4) of the lnternal Revenue Code of 1986; or that it is anon-profit organization described in Section 501(c)(4) of the code but does not and will not engage in

lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.

H. Reimburcement Limitation. lf the Sponsor expends more than the amount of RCO funding in thisAgreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCOis not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approvedbudget.

l. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with therequirements of EPAs Utilization of Small, Minority and Women's Business Enterprises inprocurements made under this award.

J. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to themaximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses inpurchases and contracts initiated after the effective date of this Agreement.

These goals are expressed as a percentage of the total dollars available for purchase or agreementand are as follows:

Purchased Goods 8% MBE 4o/oWBE

Purchased Services 10% MBE 4o/oWBE

Professional Services 10% MBE 4% WBE

Meeting these goals is voluntary and no agreement award or rejection shall be made based onachievement or non-achievement of the goals. Achievement of the goals is encouraged, however, andSponsor and ALL prospective bidders or people submitting qualifications shall take the followingaffirmative steps in any procurement initiated after the effective date of this Agreement:

1. lnclude qualified minority and women's businesses on solicitation lists

2. Assure that qualified minority and women's business are solicited whenever they are potentialsources of services or supplies.

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3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, topermit maximum participation by qualified minority and women's businesses.

4. Establish delivery schedules, where work requirements permit, which willencourageparticipation of qualified minority and women's businesses.

5. Use the services and assistance of the State Office of Minority and Women's BusinessEnterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Departmentof Commerce, as appropriate.

K. MBE/WBE Reporting. ln accordance with the deviation from 40 C.F.R. S33.502, signed November 8,

2013, DBE reporting is limited to annual reports and only required for assistance agreements whereone or more the following conditions are met:

1. There are any funds budgeted in the contractual/services, equipment or construction lines ofthe award;

2. $3,000 or more is included for supplies; or

3. There are funds budgeted for subawards or loans in which the expected budget(s) meet theconditions as

4. Described in items (a) and (b).

When completing the form, recipients (Sponsors) should disregard the quarterly andsemi-annual boxes in the reporting period Section 1B of the form. For annual submissions, thereports are due by October 30th of each year or 90 days after the end of the project period,whichever comes first.

The reporting requirement is based on planned procurements. Recipients (Sponsors) withfunds budgeted for non-supply procurement and/or $3,000 or more in supplies are required toreport annually whether the planned procurements take place during the reporting period ornot. lf no procurements take place during the reporting period, the recipient should check thebox in Section 58 when completing the form.

MBE^/VBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contactinformation can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators alsocan answer any questions.

Final MBEMBE reports must be submitted within g0 days after the project period of the grantends. To be in compliance with regulations, the Sponsor must submit a final MBEMBE report.Non-compliance may impact future competitive grant proposals. The current EPA Form5700-524 can be found at the EPA Office of Small Business Program's Home Page athttp://www.epa. gov/osbp/d be_reporting. htm.

L. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. S 33.301,the Sponsor agrees to make the following six good faith efforts whenever procuring construction ,

equipment, services and supplies under an EPAfinancial assistance agreement, and to require thatsub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance withthe six good faith efforts shall be retained:

1. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contractingopportunities to the fullest extent practicable through outreach and recruitment activities. Forlndian Tribal, State and Local and Government Sponsors, this will include placing DBEs onsolicitation lists and soliciting them whenever they are potential sources.

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2. Make information on forthcoming opportunities available to DBEs and arrange time frames forcontracts and establish delivery schedules, where the requirements permit, in a way thatencourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendardays before the bid or proposal closing date.

3. Consider in the contracting process whether firms competing for large contracts couldsubcontract with DBEs. For lndian Tribal, State and local Government Sponsors, this willinclude dividing total requirements when economically feasible into smaller tasks or quantitiesto permit maximum participation by DBEs in the competitive process.

4. Encourage contracting with a consortium of DBEs when an agreement is too large for one ofthese firms to handle individually.

5. Use the services and assistance of the Small Business Administration (SBA) and the MinorityBusiness Development of the Department of Commerce.

6. lf the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a)

through (e) of this section.

M. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the fundsreceived from this Agreement shall be used to engage in the lobbying of the Federal Government or inlitigation against the United States unless authorized under existing law.

The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded underthis Agreement are used to engage in lobbying of the Federal Government or in litigation against theUnited States unless authorized under existing law. The Sponsor shall abide by its respectiveAttachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation againstthe United States or for lobbying or other political activities.

For subawards exceeding $100,000, EPA requires the following certifìcation and disclosure forms:

1. Certification Regarding Lobbying, EPAForm 6600-06:http ://www. epa. gov/ogd/AppKiUform/Lobbying_sec. pdf

2. Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKiUform/sflllin_sec.pdf

3. Legal expenses required in the administration of Federal programs are allowable. Legalexpenses for prosecution of claims against the Federal Government are unallowable.

N. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individualconsultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors orsubcontractors shall be limited to the maximum daily rate for Level lV of the Executive Schedule(formerly GS-18), to be adjusted annually. This limit applies to consultation services of designatedindividuals with specialized skills who are paid at a daily or hourly rate. This rate does not includetransportation and subsistence costs for travel performed (the recipient will pay these in accordancewith hisiher normal travel reimbursement practices).

Subagreements with firms for services that are awarded using the procurement requirements in 40C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide therecipient (Sponsor) with responsibility for the selection, direction and control of the individual who willbe providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. S30.27(b) or 40 C.F.R. S 31.369(J), as applicable, for additional information.

As of January 1,2014, the limit is $602.24 per day $75.28 per hour.

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O. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principallnvestigator (Pl) of this project must solicit advice, review, and feedback from a technical review oradvisory group consisting of relevant subject matter specialists. A record of comments and a briefdescription of how respective comments are addressed by the Pl will be provided to the ProjectMonitor prior to releasing any final reports or products resulting from the funded study.

P. lnternationalTravel (lncluding Ganada). All lnternationalTravel must be approved by the USEnvironmental Protection Agency's Office of lnternational and TribalAffairs (OITA) BEFORE traveloccurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITAapproval. Please contact your Partnership Project manager as soon as possible if travel is plannedout of the country, including Canada and/or Mexico, so that they can submit a request to the EPAProject Officer if they approve of such travel.

O. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any,should manage their agreement and subaward funding in ways that reduce the length of time thatfederal funds obligated and committed to subaward projects are unspent (not yet drawn down throughdisbursements to sub-recipients and sub-awardees).

SECTION 36. ORDER OF PRECEDENCE

This Agreement is entered into, pursuant to, and undef the authority granted by applicable federal and statelaws. The provisions of the Agreement shall be construed to conform to those laws. ln the event of a directand irreconcilable conflict between the terms of this Agreement and any applicable statute , rule, or policy orprocedure, the conflict shall be resolved by giving precedence in the following order:

1. Federal law and binding executive orders;

2. Code of federal regulations;

3. Terms and conditions of a grant award to the state from the federal government;

4. Federal grant program policies and procedures adopted by a federal agency that are requiredto be applied by federal law;

5. State law (constitution, statute);

6. WashingtonAdministrative Code;

7. Funding board or RCO policies.

SECTION 37. LIMITATION OF AUTHORITY

Only RCO's Director or RCO's delegate by writing (delegation to be made prior to action) shall have theauthority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any suchalteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective orbinding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate

SECTION 38. WAIVER OF DEFAULT

Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of anyprovision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shallnot be construed to be a modification of the terms of the Agreement unless stated to be such in writing ,

signed by the director, or the director's designee, and attached as an amendment to the originalAgreement.

sEcTtoN 39. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY ORBREACH

RCO 16-1372R Revision Dale: 1 I 1 1 t2O1 I Page 33 of 37

The funding board and RCO rely on the Sponsor's application in making its determinations as to eligibility for,selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of theapplication may be deemed a breach of thisAgreement.

SECTION 40. SPECIFIC PERFORMANCE

The funding board and RCO may enforce this Agreement by the remedy of specifìc performance, whichusually will mean completion of the project as described in this Agreement and/or enforcement of long-termobligations. However, the remedy of specific performance shall not be the sole or exclusive remedy availableto RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board orRCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement,or under any provision of law, common law, or equity, including but not limited to seeking full or partialrepayment of the grant amount paid and damages.

SECTION 4I. TERMINATION AND SUSPENSION

The funding board and RCO will require strict compliance by the Sponsor with all the terms of this Agreementincluding, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCOpolicies, and with the representations of the Sponsor in its application for a grant as finally approved by thefunding board. For federal awards, notification of termination will comply with 2 C.F.R. S 200.340.

A. ForCause.

1. The funding board or the director may suspend or terminate the obligation to provide fundingto the Sponsor under this Agreement:

a. lf the Sponsor breaches any of the Sponsor's obligations under this Agreement;

b. lf the Sponsor fails to make progress satisfactory to the funding board or directortoward completion of the project by the completion date set out in this Agreementlncluded in progress is adherence to milestones and other defined deadlines; or

c. lf the primary and secondary Sponsor(s) cannot mutually agree on the process andactions needed to implement the project;

2. Prior to termination, the RCO or the funding board shall notiff the Sponsor in writing of theopportunity to cure. lf corrective action is not taken within 30 days or such other time periodthat the director or board approves in writing, the Agreement may be terminated. ln the eventof termination, the Sponsor shall be liable for damages or other relief as authorized by lawand/or this Agreement.

3. RCO reserves the right to suspend all or part of the Agreement, withhold further payments, orprohibit the Sponsor from incurring additional obligations of funds during the investigation ofany alleged breach and pending corrective action by the Sponsor, or a decision by the RCO toterminate the Contract.

B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) dayswritten notice, beginning on the second day after the mailing, terminate this Agreement, in whole or inpart when it is in the best interest of the state. lf this Agreement is so terminated, RCO shall be liableonly for payment required under the terms of this Agreement prior to the effective date of termination .

A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it isdetermined that:

1. The Sponsorwas not in default; or

2. Failure to perform was outside Sponsor's control , fault or negligence

RCO 16-1372R Revision D ale: 1 I 11 1201 8 Page 34 of 37

C. Rights of Remedies of the RGO.

1. The rights and remedies of RCO provided in this Agreement are not exclusive and are in

addition to any other rights and remedies provided by law.

2. ln the event this Agreement is terminated by the funding board or director, after any portion ofthe grant amount has been paid to the Sponsor under this Agreement, the funding board ordirector may require that any amount paid be repaid to RCO for redeposit into the accountfrom which the funds were derived. However, any repayment shall be limited to the extent itwould be inequitable and represent a manifest injustice in circumstances where the project willfulfill its fundamental purpose for substantially the entire period of performance and oflong-term obligation.

D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on theavailability of state and federal funds through legislative appropriation and state allotment. lf amountssufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditurefor this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remainingunpaid portion of this grant unless and until the necessary action by the Legislature or the Office ofFinancial Management occurs. lf RCO participation is suspended under this section for a continuousperiod of one year, RCO's obligation to provide any future funding under this Agreement shallterminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

1. Suspension: The obligation of the RCO to manage contract terms and make payments iscontingent upon the state appropriating state and federal funding each biennium. ln the eventthe state is unable to appropriate such funds by the first day of each new biennium RCOreserves the right to suspend the Agreement, with ten (10) days written notice, until such timefunds are appropriated. Suspension will mean all work related to the contract must cease untilsuch time funds are obligated to RCO and the RCO provides notice to continue work.

SECTION 42. DISPUTE HEARING

Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and thefunding board, which cannot be resolved, either party may request a dispute hearing according to the processset out in this section. Either party's request for a dispute hearing must be in writing and clearly state:

A. The disputed issues;

B. The relative positions of the parties;

C. The Sponsor's name, address, project title, and the assigned project number

ln order for this section to apply to the resolution of any specific dispute or disputes, the other partymust agree in writing that the procedure under this section shall be used to resolve those specificissues. The dispute shall be heard by a panel of three persons consisting of one person chosen bythe Sponsor, one person chosen by the director, and a third person chosen by the two persons initiallyappointed. lf a third person cannot be agreed on, the third person shall be chosen by the fundingboard's chair.

Any hearing under this section shall be informal, with the specific processes to be determined by thedisputes panel according to the nature and complexity of the issues involved. The process may besolely based on written material if the parties so agree. The disputes panel shall be governed by theprovisions of this Agreement in deciding the disputes.

The parties shall be bound by the decision of the disputes panel, unless the remedy directed by thatpanel shall be without the authority of either or both parties to perform, as necessary, or is otherwiseunlawful.

RCO 16-1372R Revis¡on Dale: 1 I 1 1 l2O1 I Page 35 of 37

Request for a disputes hearing under this section by either party shall be delivered or mailed to theother party. The request shall be delivered or mailed within thifi (30) days of the date the requestingparty has received notice of the action or position of the other party which it wishes to dispute. Thewritten agreement to use the process under this section for resolution of those issues shall bedelivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt bythe receiving party of the request.

All costs associated with the implementation of this process shall be shared equally by the parties.

SECTION43. ATTORNEYS'FEES

ln the event of litigation or other action brought to enforce contract terms, each party agrees to bear its ownattorney fees and costs.

SECTION 44. GOVERNING LAWruENUE

This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington . lnthe event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legallyproper; otherwise venue shall be in a county where the project is situated, if venue there is legally proper, andif not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledgesthe jurisdiction of the courts of the State of Washington.

sEcTtoN 45. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE

SPONSOR

ln the cases where this Agreement is between the funding board (which includes the State of Washington forpurposes of this Agreement) and a federally recognized lndian Tribe, the following terms and conditions apply,but only between those parties:

A. Notwithstanding the above venue provision, if the State of Washington intends to initiate legal actionagainst a federally recognized lndian tribe relating to the performance, breach, or enforcement of thisAgreement, it shall so notify the Tribe. lf the Tribe believes that a good faith basis exists for subjectmatter jurisdiction of such an action in federal court, the Tribe shall so notify the State within five daysof receipt of such notice and state the basis for such jurisdiction. lf the Tribe so notifies the State, theState shall bring such action in federal court, otherwise the State may sue the Tribe in the ThurstonCounty Superior Court, or such other superior court where venue is proper, if not proper in ThurstonCounty. lnterpretation of the Agreement shall be according to applicable State law, except to theextent preempted by federal law. ln the event suit is brought in federal court and the federal courtdetermines that it lacks subject matter jurisdiction to resolve the dispute between the State and TribalParty, then the State may bring suit in Thurston County Superior Court or such other superior courtwhere venue is proper, if not proper in Thurston County.

B. Any judicial award, determination, order, decree or other relief, whether in law or equity or othenruise,resulting from such actions under subsection A above, shall be binding and enforceable on theparties. Any money judgment or award against a Tribe, tribal officers, or employees, or the State ofWashington, its agencies, or its officers and employees may exceed the amount of funding awardedunder this Agreement.

C. As requested by RCO, the Tribe shall provide to RCO its governing requirements and procedures forentering into Agreement with RCO and waiving its sovereign immunity. ln addition, the tribe shallprovide to RCO all authorizations the Tribe requires to authorize the person (s) signing the Agreementon the Tribe's behalf to bind the Tribe and waive the Tribe's sovereign immunity as provided herein .

RCO 16-1372R Rev¡sion Date: 1 I 11 1201 I Page 36 of 37

D. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limitedpurposes of allowing the State to bring and prosecute to completion such actions relating to theperformance, breach, or enforcement of this Agreement as provided in subsection A above, and tobring actions to enforce any judgment arising from such actions. This waiver is not for the benefit ofany third party and shall not be enforceable by any third party or by any assignee of the parties. ln anyenforcement action, the parties shall bear their own enforcement costs, including attorneys'fees.

For purposes of this provision, the State includes the funding board, the RCO, and any other state agenciesas the term "agency" is broadly understood to include, but not be limited to, departments, commissions,boards, divisions, bureaus, committees, offices, councils, societies, etc.

SECTION 46. SEVERABILITY

The provisions of this Agreement are intended to be severable. lf any term or provision is illegal or invalid forany reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of theAgreement.

RCO 16-1372R Revision D ale: I t 11 1201 8 Page 37 of 37

Project Sponsor:

Project Title:

Program:

Eligible Scope Activities



PSAR Large Capital Projects

Project Number: 16-1372

Project Type: Restoration

Approval: 61512018

Restoration Metrics

Worksite #1, Towne Road between Schoolhouse and GreameryTargeted salmonid ESU/DPS (4.23):

Targeted species (non-ESU species):Miles of Stream and/or Shoreline Treated or Protected (C.0.b):Project ldentified ln a Plan or Watershed Assessment (C.0.c):

Type Of Monitoring (C.O.d.1):

lnstream Habitat ProjectTotal Miles Of lnstream Habitat Treated (C.a.b):

Channel reconfiguration and connectívity (C.4.c.1)Type of change to channel configuration and connectivity (C.4.c.2):

Miles of Stream Treated for channel reconfiguration and connectivity(C.4.c.3):

Miles of Off-Channel Stream Created or Connected (C.a.c.Ð.Acres Of Channel/Off-Channel Connected OrAdded (C.4.c.5):

lnstream Pools Created/Added (C.4.c.6):

Riparian Habitat ProjectTotal Riparian Miles Streambank Treated (C.5.b.1):

Total Riparian Acres Treated (C.5.b.2):Planting (C.S.c.1)

Acres Planted in riparian (C.5.c.3):

Miles of streambank planted (C.5.c.4):Riparian Plant removal / control (C.s.h.f )

Acres of riparian treated for plant removal/control (C.5.h.3):Miles of streambank treated for plant removal/control (C.5.h.4):

Architectural & Engineering

Architectural & Engineering (A&E)

Chinook Salmon-Puget Sound ESU,Chum Salmon-Hood Canal Summer-runESU, Coho Salmon-Puget Sound/Straitof Georgia ESU, Pink Salmon-Odd yearESU, Steelhead-Puget Sound DPSBull Trout, Searun Cutthroat0.80Puget Sound Chinook Salmon RecoveryPlan,2007North Olympic Lead Entity for Salmon2016 Three-Year Work Plan;SummerChum Salmon lnitiative, 2000;Physical Processes, Human lmpactsand Restoration lssues of the LowerDungeness River,2002;Recommended Restoration Projects forthe Dungeness River, 1997;WRIA 18 Limiting Factors Analysis,1 999;lmplementation Monitoring

0.80

Channel Bed Restored, Creation oflnstream Pools, Creation/Connection toOff-Channel Habitat, Leveeremoval/Alteration, Meanders Added0.80

0.25112.0

1

0.80112.0

40.00.80

112.0

0.80

ELIGREIM.RPT June 25, 2018 Page:

Project Number:

Project Name:

Sponsor:

Project Manager:

X = M¡lestone Complete

! = Critical Milestone

Milestone Report By Project

16-1372 R


Clallam Co Community Dev

Kat Moore

Project Start 01t19t2018

! Preliminary Design to RCO 06t30t2018

!Applied for Permits 06/30/201 I

! Annual Prolect Billing Due 12130t2018

! Progress Report Due 12t30t2018

! Final Design to RCO 12t31t2018

! Cultural Resources Complete 01t01t2019

Permits Complete 01t31t2019

LandownerAgreement to RCO 04t30t2019

Bid Awarded/Contractor H ired 06t30t2019

!Progress Report Due 06130t2019

Restoration Started 08/30/2019

I Progress Report Due 12t30t2019



! Special Conditions Met 06130t2021 As-built designs to RCO

RCO Final lnspection 06t30t2021

Funding Acknowl Sign Posted 06t30t2021

Restoration Complete 06t30t2021

Stewardship Plan to RCO 06t30t2021

Final Report Due 06t30t2021

Agreement End Date 06t30t2021

Final Billing Due 06t30t2021

Milestone Target Date C omments/Desc riptionX

lMILESTO.RPT June 25,2018 Page:

1s\"\Èo

Item summary:E callfor Hearing

E Resolution

n oraft Ordinance


Depaftment: BOCC

WORK SESSION X Ueet¡ng Date: 8-10-20

REGULAR AGENDA I Meeting Date:

Required originals approved and attached? nWill be provided on:

f] Contract/Agreement/MOU - Contract #

! Proclamation n Budget ltem

! F¡nal Ordinance X Otfrer Discussion

Executive summaly:Clallam County Non-Profit Survey Results:A group of Clallam County's most regular non-profit funding entities (including the Benjamin PhillipsFund, Medina Foundation, First Federal Community Foundation, United Way of Clallam County,Olympic View Community Foundation) are working to understand how to best meet the needs of thenon-profit community (and community at-large) related to COVID recovery. With the help of theClallam EDC, the WSU Extension, the Olympic View Community Foundation and the North OlympicDevelopment Council a post-COVID survey was developed and completed by a wide range of localnon-profit organizations.Today's discussion will focus on the suruey results and implications for non-profit and communityleaders.

BUdgetary impaCt: (Is tnere 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 act¡on is required, has it been submitted and a copy attached? fI

ReCOmmendgd aCtiOn: (ooes the Board need to act? If so, what is the department's recommendation?)

Today's discussion will focus on the suruey results and implications for non-profit and communityleaders.


Name of Employee/Stakeholder attending meet¡ng: Board of Commissioners. Clea Rome -WSU Extension, Clallam EDC. North Olympic Peninsula Development Council and Olympic ViewCommunity Foundation

Relevant Depaftments: Board of Commissioners, WSU Extension, Finance Department

Date submitted: August 4,2020* 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)

COVID nonprofìt survey results 8-10-20.doo<Revised: 3-04-2019


CLAILAM COUNTY NON-PROFTT NEEDS ASSESSMENT SURVEY RESULTS - JULY 2020 (COVTD-l9 |MPACTSI

IMPACT SUMMARY NARRATIVE:

The Data:The attached Clallam County nonprofit survey was designed and implemented by Clea Rome of WSU Extension,with wide distribution assistance from the Clallam EDC, North Olympic Peninsula Development Council, and theOlympic View Community Foundation. Responses were obtained from 57 organizations which provide a widespectrum of programs and services:

Housing, food banks, medical and behavioral health, faith based, sports and recreation, performing arts,outdoor education and environmental, seniors, domestic violence, trails and land, early childhood screenings andparental support, veterans, Chambers of Commerce, anímal welfare, farmers' markets, tourism, and many more.

The survey report shows aggregate data relating to geographic, demographic, and socioeconomic breakdown ofthe communities and populations served across the entire County by the nonprofit respondents, as well as thesize(staffing)ofthenonprofits. ltalsorevealsrhatTS%oftherespondentshavenotneededtolayoffstaff,andthat the majority applied for / received financial aid for Covid-19 losses.

The Stories Behind the Data:The survey also asked the nonprofits the following questíons:

1) How has Covid-19 affected your abílity to fulfill your mission?2l What are your current and most pressing needs?3) What are your anticípated funding needs in the next 6 months?4) Please share any other pertinent thoughts!

Not surprisingly, a majority of the responses to the quest¡ons were financial-related; the following is a summary ofsome of the most common challenges:

Budgetarv lmpacts:Revenue: - Fundraising events cancelled

- Facilities closed- Unable to connect with donors / supporters- Unable to comply with grants that are onlyreimbursed upon completion of funded tasks

- Uncertaín finances of loyal donors

Expenses: - Cost of delívering home-based services, items- Cost of putting Covid-19 safety precaut¡ons in

place: PPE, barriers, sanitizers, signage- Technology expenses for changing to virtual /

digital work / meetings/ communications

- Decreased dues / membership fees collected- Unable to provide criticalcash matches needed

for grants that fund their mission / programs- Usual funding sources not available - have beendiverted to other crisis needs

- Unable to employ usual independent contractors

- Fixed overhead expenses remain- More clients in need; takes extra time, staff(volunteers unavailable due to Covid concerns)

Losistical lmpacts on Providing Programs and Services:ln summary, the nonprofit sector is doing more with less. lt has lost income, staff, and volunteers while trying tomeet unprecedented needs in our communities. Some organizations are completely closed, while others areworking hard to fulfill theír missions. Several are pivoting to provide crisis response, which has completelychanged the priorities of their programming. The following comments from the respondents tell of their struggles:

"lt's harder to outreach, and harder to accept people into our programs without a quarantine period. We'velost income and staff, had extraordinary expenses for food and PPE early on, and we face critical cost issues in ourcongregate setting".

"Our mission is heavily weighted on community programs and events. When we can't offer a venue for ourcommunity, we're unable to promote the events and support as planned".

"lt's difficult to get customers sígned up for our programs that require a lot of paperwork. They can't scan

documents and get them back to us. They are not returning the forms".

"We're unable to provide transportation for our clients' normal shopping, errands, or appointmentsTransportation has to be approved, and shown to be emergent".

"We're unable to open our venue to receive audiences in order to entertain, educate, and inspire communityínvolvement through experiences in the arts".

"Most clients are unable to access virtual activities, so monthly care packages containing activities / projects /crafts, food and treats are delivered to 40 - 60 clients (this extra cost covered by the agency).

"With our local school closed, school children have been at home and unable to receive the academic and

nutritional support that we offer".

Current and Pressing Needs:

Far and away, the respondents' greatest needs are additional funding, relaxing of social distancing requirements,and the return of staff and volunteers to previous levels, with some staff increases needed. For the interim, a wayto safely visit and delíver services and items to folks at home is sorely lacking. The resumption of fundraising

events and normal revenue streams was cited by almost all respondents. One worried Director replied:

"Future uncertainty with government budgets and spending priorities, coupled with uncertainty on thefinancial health of our supporters, makes us cautious on our ability to maintain fundraising support at the level

needed".

Anticipated Funding Needs in the next 6 months:Again, the most common response was additional funding to support increased requests for client assistance and

services, additional staffing, and more volunteers. Some anticipate a flood of requests for help once government

assistance is reduced or ended. Many of the nonprofits quoted the actual dollar amounts needed to replace theirrevenue shortfalls and to replenish reserves that have been depleted. Many are adjusting their budgets, and

rethinking their fundraising strategies to comply with Covid-10 related restrictions and delays in reopening. One

Executive Director wrote:

"Our capital campaign has been put on hold as we continue to evaluate the likelihood of success given thestate of the pandemíc. We have struck out all nonessential spending outside of staff. As we get closer to the end

of the year and continuing support is not available, we will have to look seriously at staff cuts".

Note: The identities of the survey respondents are confidential.lmpact summary narrative provided by Sheila Everett, Program Director, Olympic View Community Foundation

Questions about the survey should be directed to Clea Rome, Director, WSU Extension Clallam County [email protected]

ß

AGENDA ITEM SUMMARY TW(Must be submitted NLT 3PM Wednesday for next week

"g""d"ì\;r-

DepaÊment: BOCC

WORK SESSION X Meet¡ng Date: SlLOlzO at 11 a.m.

REGULAR AGENDA n Ueet¡ng Date:

Required originals approved and attached? flWill be provided on:

ftem summary:! Callfor Hearing n Contract/Agreement/MOU - Contract #

E Resolution E Proclamation n Budget Item

n Oraft Ordinance n f¡nal Ordinance X Otner - weekly discussion


Executive summary:CARES Act allocation:The BOCC has worked with regional partners to identify the top priorities for CARES Act dollars.Identified priorities include support for publíc health, support for local businesses,rental/moftgage/utility relief for individuals, support for the homeless population, child care, and thelocal food system.

The BOCC will have a weekly update/discussion to monitor progress in each stated priority area andto consider additional allocation of funds that may come available in the future.

Budgetaty 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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? n

RgCOmmgndgd aCtiOn: (Does the Board need to act? If so, what is the depaftment's recommendation?)

Discussion - CARES Act allocation

,9 r*,, k ú,-a,LLoni Gores. crerkCounty Official signature & print name: vl-Name of Employee/Stakeholder attending meet¡ng: Board of Commissioners. Health andHuman Seruices. Finance Department. City of Poft Anoeles. City of Sequim. CiW of Forks. EDC. WSU

Relevant Depaftments: Boarri of Commissioners- Health an Human Seruices. Finance

Date submitted: July 23,2020

* Work Session Meeting - Submit 1 single sided/not stapled copy** Regular Meeting - Submit I single sided/not stapled copy and originals (1 or 3 copies)CARES Discussion COVID 8- 10-20.doo<

Revised: 3-04-2019


q. AGENDA ITEM SUMMARY $TO\S(Must be submitted NLT 3PM Wednesday for next week agenda) g ta*

Depaftment: BOCC

WORK SESSION X Meeting Date: 8-1O-2O



Item summary:n Call for Hearing n Contract/AgreemenflMOU - Contract #

E Resolution ! Proclamation n Budget ttem

n Drat Ordinance n f¡nat Ordinance X Otner - Discussion


Executive summary:Institutional Discrimination Statement of Values and Action Plan (DRAFT):Clallam County is committed to addressing institutional racism and discrimination, both within countygovernment and more broadly throughout the community. Today we will review a draft "Statementof Values" and a draft Action Plan related to this topic. The action plan includes both internal itemsrelated to county policy and procedure, items relating to law and justice, and ideas for moremeaningful investment and engagement with the community. The goal for today's discussion will beto review and move forward the statement of values and to determine how to best prioritize andbegin implementation of action steps.

BUdgetafy 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 is necessary, the budget change form must þe 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? ENone

ReCOmmendgd aCtiOn: (ooes tne Board need to act? If so, what is the departmenfs recommendation?)

Discussion on DRAFT Institutional Díscrimination of Values and Action Plan.


Na me of Employee/ Sta keholder attend ing meeti ng : Board of Commissioners

Relevant Departments: All Denartmentc


* Work Session Meeting - Submit 1 single sided/not stapled copy Statement of values and action plan 8-10-20.doo(** Regular Meeting - Suþmit 1 single sided/not stapled copy and originals (1 or 3 copies) Revísed: 3-04-2019


Clallam County Statement of Values (DRAFT)

The Clallam County Commissioners wish to acknowledge the call to act¡on that hundreds of thousands

of people have been making at protests, marches and vigils throughout the county and across Clallam

County to address institutional racism and discrimination since the death of George Floyd, Jr. earlier this

year.

We recognize that Clallam County government is an institution and mit to working with other

elected officials, staff members from throughout county govern county residents to re-double

our efforts to ensure that Clallam County government does ice, condone, or support

discrimination of any kind

We believe that all people deserve to be treated dignity a passion. We particularly

acknowledge the historic discrimination faced Americans that r region's history and

commit to a future that continually builds dialogu

citizens throughout our county.

Clallam

INTERNAL

o Outreach to a

onsh with Triba rnments and

lan (

nd depa eads for s

o Prioritize review rocedures ure we are adhering to best practices and toide

utre rces re actively recruiting people of color and

na marg

rsh ng pract¡ces to ensure that people of color and others

who margr are being given equal support and access

a Conside or professional development opportunities specific to the topic ofidentifying rimination

LAW AND JUSTICE

a Work with the Sheriff and appropríate oversight committees to review the implementation of l-

940, which instituted sweeping law enforcement reforms statewide, specifically in relation tolaw enforcement officers' use of deadly force.

Work with the Prosecuting Attorney and the courts to continue to support and expand the use

of therapeutic courts such as Drug Court

a

a

esa

ress

who have

manageme

raditionally

training

a

COMMUNIW ENGAGEMENT

Work through Board of Health to craft a public health strategy that addresses racism and

discrimination as a central public health priority

Work with the Center for lnclusíve Entrepreneurship and/or other regional economic

development entitíes to support programs that are specifically intended to build economic

wealth in minority communities

Foster partnerships between schools and economic development entities that specifically

address wealth disparity in minority communities

Work with regional partners including the Cities of Port and Sequim to maximize efforts

a

a

a

a

\o<\**'AGENDA ITEM SUMMARY


Depaftment: Finance

woRK sEssIoN x Meeting Date:

REGULAR AGENDA x Meeting Date:


oelLol2o2o

08lLgl2O2O

Item summary:n Catl for Hearing X Contract/Agreement/MOU - Contract #

I Resolution n Proclamation n Budget ltem

n Drat Ordinance ! f¡nat Ordinance n Otner Monthly Review


CARES SUBRECIPIENT AGREEMENT-PORT ANGELES FOOD BANK FOR PROVTSION OFCOVID- 19 FINANCIAL ASSISTANCE :

BACKGROUND

During the BOCC Work Session held on June 15, 2020, several work groups assigned to identifyingpotential COVID-related needs in the County presented their recommendations, including the area offood security. Clea Rome, Director of WSU Extension Office for Clallam County, who led the taskgroup assigned to assessing needs in this area including representatives from Port Angeles Food Bankand Sequim Food Bank, requested that the County allocate a portion of the $4.18 million of CARESAct Funding allocated to the County through the WA State Department of Commerce to provide grantfunding assistance to the local food banks, including Sequim Food Bank and Port Angeles Food Bank,whose operations (including food delivery to clients, food storage and food transportation) have beenimpacted due to the COVID-l9 public health emergency and related Governor proclamations. Theseimpacts include:

. Since March 2020 when the COVID-l9 emergency began, the number of households seekingfood assistance from Sequim Food Bank and Port Angeles Food Bank have íncreased by morethan 115% and760/o, respectively, during the COVID-l9 emergency;

o As a result of the increased demand for food assistance during the COVID-l9 emergencydriven by more households in Clallam County experiencing financial hardship due to jobloss/layoff, reduction in work hours, illness or other circumstances related to the COVID-19emergency, these two Food Banks have experienced a significant expansion of food aidcoming into Clallam County from other food assistance agencies, including USDA, WSDA andFood Lifeline. This increased supply of food has oven¡¡helmed the existing storage space ofSequim Food Bank, Port Angeles Food Bank and other in-county paftner food pantries,particularly as it relates to cold storage space;

* Work Session Meet¡ng - Submit 1 single sided/not stapled copy Agenda ltem Summary -CARES Grant Assistance Agreement--PortAngeles Foodbank 08052020*x Regular Meet¡ng - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-20t9


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Port Angeles Food Bank serues as the Redistribution Organization I'RDOJ for all food pantriesin Clallam County as well as some in Jefferson County. As a result, all food coming into thearea from various hunger relief agencies is delivered to Port Angeles Food Bank initially forstorage and fufther distribution, which further serues to oven¡rhelm its current facility storagecapacity.In order to avoid turning away the additional food aid being provided to the PA Food Bank dueto lack of cold and dry storage space and due to its limited capacity to transport excess foodto other pantries, PA Food Bank is planning to enter a lease (with an option to purchase) of aan existing facility which will provide 6,000 square feet and 81,000 cubic feet of cold storageand another 6,000 square feet and 81,000 cubíc feet of dry storage space. This additionalspace will provide sufficient storage capacity to handle the increased food assistance supplyneeds existing during the COVID-19 emergency, and enable PA Food Bank to provide a moretraditional shopper/client experience while also meeting social distancing requirements of theCOVID-19 emergency.PA Food Bank has also incurred other costs due to the increased demand for food seruicesduring the COVID emergency, including the rental of a 20 foot cold storage container, andadditional staffing costs due to the change in its model for food assistance delivery to clients.As the costs of this additional staffing, cold storage space and other costs incurred during theCOVID-19 emergency were not budgeted for by PA Food Bank, it is requesting assistance infunding these costs as well provide funding assistance as it transitions into a replacementfacility to handle the increased demand for food assistance in the County during the COVID-l9emergency.

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Based on the fìnancial impact of these food storage issues, the Commissioners in a follow up worksession held on June 22,2020 agreed to allot $60,000 of CARES Act funding to fund food storagefinancial assistance, wíth $30,000 allotted to Sequim Food Bank and $30,000 allotted to Port AngelesFood Bank.

As provided in Attachment B "Coronavirus Relief Funds for Local Governments Program Guidelines" inthe section entitled "Eligible Costs", CARES funding is allowed for the form of assistance beingprovided to the food banks under the cost category "Expenses associated with the provision ofeconomic support." As such, we believe the provision of this CARES funded-assistance to the foodbanks in support of their increased operating costs, including increasing their food storage capacity tohandle the increase in food aid coming to the County during the COVID-l9 emergency is a fullyeligible use of CARES funding provided to the County and believe these costs satisñ7 the cost eligibilitytests outlined by WA State Department of Commerce in Attachment B.

In consultation with Port Angeles Food Bank, Clea Rome, and the Prosecuting Attorney's Civil Division,we have prepared the attached CARES Funding Grant Assistance Agreement for BOCC review andapproval to provide $30,000 of CARES assistance to Port Angeles Food Bank to help fund certain of itsoperating costs incurred during the COVID-19 emergency.

PORT ANGELES CARES FUNDING GRANT ASSISTANCE AGREEMENT

Using a CARES Subrecipient Agreement template developed by Kitsap County and modiñ7ing it to be adirect grant assistance agreement, we have prepared the attached agreement to provide financialassistance to Port Angeles Food Bank. The grant award of $30,000 may be used to reimburse PoftAngeles Food Bank for the following eligible costs as outlined in Attachment C of the agreement:* Work Session Meeting - Submit 1 single sided/not stapled copy Agenda ltem Summary -CARES Grant Assistance Agreement-PortAngeles Foodbank 08052020** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019


Lease payments covering the time period August-October 2020 for the new facility PA FoodBank will be securing to expand its facility storage capacity needed during the COVID-l9emergency and enable it to provide a more traditional shopper/client experience while alsomeeting social distancing requirements of the COVID-19 emergency;Cost of renting additional cold storage containers needed to store additional food aid receivedby PA Food Bank during the COVID-l9 emergency;Additional staffing costs incurred as a result of PA Food Bank transitioning its food deliverymodel from a client/shopping experience to an outdoor pick-up model during the COVID-l9emergency,Other COVID-19 related operating costs incurred during the COVID-19 public healthemergency.

Funds will be disbursed to Port Angeles Food Bank on a reimbursement basis through October 31'tbased on monthly submissions of a reimbursement invoice and suppofting documentation for thereimbursement amount being requested (including copies of invoices, accounting records, and othermaterials).

BUdgetafy impaCt: (Is there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifth¡s ¡s 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? !

As the cost of this CAREs grant assistance agreement will be reimbursable to the General Fund by theCARES Act funding allotted to the County, there should be no net cash flow impact to the County.

RgCOmmendgd act¡On: (ooes the Board need to act? If so, what is the department's recommendation?)

We request the Commissioner's feedback and approval to proceed in submitting this agreement forapproval during the next BOCC meeting.

County Official signature & print name: rk Lane_

Name of Employee/Stakeholder attending meeting: Mark Lane

Relevant Depaftments: _Finance,

Date submitted:

August 5,2020

* Work Session Meeting - Submit 1 single sided/not stapled copy Agenda ltem Summary -CARES Grant Assistance Agreement-PortAngeles Foodbank 08052020** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019

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CARES FUNDING GRANT ASSISTANCE AGREEMENT

This CARES Grant Assistance Agreement ("Agreement") is dated as of the 5th day of August2020, by and between Clallam County, a Washington political subdivision ("County"), and PortAngeles Food Bank, a Washington state non-profìt 501(c )(3) organization ("Recipient").

WHEREAS, Washington State has allocated to the County federal stimulus funding ("CARESFunds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of theCoronavirus Aid, Relief,, and Economic Security Act and Section V and VI of the CARES Act("CARES Act") for the limited purposes identified in the Interagency Agreement between theWashington State Department of Commerce and Clallam County ("lGA"), identified asAttachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines("Program Guidelines"), identified as Attachment B. Attachments A and B are attached heretoand incorporated herein by this reference.

WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State forcertain costs incurred in response to the COVID-19 public health emergency during the period ofMarch l, 2020 through October 31,2020, which may include reimbursement of expendituresincurred to respond directly to the emergency, including expenditures incurred to respond tosecond-order effects of the emergency, such as providing economic support to those organizationsand businesses negatively impacted by the COVID-19 emergency.

WHEREAS, all requests submitted by the County to the State for reimbursement must be forexpenses that are 1) connected to the COVID-19 emergency; 2) necessary expenses, 3) not fillinga short fall in government revenues, 4) not funded thru another budget line item, allotment orallocation, as of March 27,2020, and 5) would not exist without COVID-I9 or would be for asubstantially different purpose as provided in the IGA and Program Guidelines (collectively"Reimbursements").

WHEREAS, the Recipient during the COVID-19 public health emergency has experienced adramatic increase in Clallam County households seeking food assistance during the COVID-19public health emergency as a result of job loss, reduction in work hours and other financialhardships incurred due to business closures and layofß following the Governor's Proclamation20-05 and subsequent COVID-I9-related proclamations. Notable impacts of the COVID-19emergency on the Recipient's food bank services include:

o Since March 2020 when the COVID-19 emergency began, the number of householdsseeking food assistance from the Recipient increased by approximately 76Yo during theCOVID-I9 emergency;

¡ With Clallam County unemployment rising to 18.8% in April, 16.5% in May and l0.9Yoin June, and the COVID emergency-related delays in allowing further phased re-openingsof non-essential businesses in Clallam County hindering employment recovery, theRecipient expects this increased demand for food assistance from financially impactedClallam County households to continue through the COVID-19 emergency;

o As a result of the increased demand for food assistance during the COVID-I9 emergency,the Recipient has experienced a significant expansion of food aid coming into ClallamCounty from other food assistance agencies, including USDA, WSDA and Food Lifeline.

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CARES Grant Assistance Agreement

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This increased supply of food has overwhelmed the existing storage space of the Recipientand many of its partner food pantries, particularly cold storage space;

The Recipient serves as the Redistribution Organization ("RDO") for all food pantries inClallam County as well as some in Jefferson County. As result, all food coming into thearea from various hunger relief agencies is delivered to the Recipient initially for storageand further distribution, which further serves to overwhelm the Recipient's current facilitystorage capacity.As a result of public health safety protocols in place during the COVID-I9 emergencyrequiring social distancing, the Recipient, due to space constraints in its current facility,was forced to limit distribution of food aid to households via outside, drive thru pick-upsrather than through a traditional client/shopper experience, increasing staffing needs andreducing the efficiency of delivering food aid to those in need.ln order to avoid turning away the additional food aid being provided to the Recipient dueto lack of cold and dry storage space and due to its limited capacity to transport excess foodto other pantries, the Recipient is planning to enter a lease (with an option to purchase) ofa an existing facility which will provide 6,000 square feet and 81,000 cubic feet of coldstorage and another 6,000 square feet and 81,000 cubic feet of dry storage space. Thisadditional space will provide sufficient storage capacity to handle the increased foodassistance supply needs existing during the COVID-l9 emergency, and enable theRecipient to provide a more traditional shopper/client experience while also meeting socialdistancing requirements of the COVID-19 emergency.The Recipient has also incurred other costs due to the increased demand for food servicesduring the COVID emergency, including the rental of a20 foot cold storage container, andadditional staffing costs due to the change in delivery of food assistance to clients.As the costs of this additional staffing, cold storage space and other costs incurred duringthe COVID-I9 emergency were not budgeted for by the Recipient, the Recipient isrequesting assistance in funding these costs as well provide funding assistance as ittransitions into a replacement facility.

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WHEREAS, the County believes the provision of economic support to the Recipient is necessaryand appropriate given the Recipient's critical role in providing food security services to meet theincreased demand for food aid from vulnerable residents of Clallam County who have beenfinancially impacted by the COVID-I9 emergency, the necessity of acquiring additional foodstorage space to enable the Recipient to meet the increased need for food assistance in ClallamCounty during the COVID-19 emergency, and that such assistance represents an eligible use ofCARES Funds with such allocation of funds being consistent with the Reimbursementrequirements;

WHEREAS, the County and Recipient desire to enter into this Agreement so that the County mayseek CARES Funds for appropriate and qualifying Reimbursements of grant funds reimbursed tothe Recipient by the County for provision of economic support under the IGA and ProgramGuidelines.

NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein byreference, and the terms and conditions set forth below, the parties agree as follows:

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Effective Date and Term. This Agreement shall commence when last executed by allparties and remain in effect until November 15, 2020, unless terminated by the County inwriting.

CARES Funds. The County agrees to provide the Recipient a total sum not to exceed530,000 on a reimbursement basis for eligible costs incurred during the COVID-19 publichealth emergency during the period of March 17,2020 through October 31,2020 based oneligibility criteria outlined in Attachment C.

fneligible Costs. Non-allowable costs include, without limitation, the following: a)expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll orbenefits expenses for public employees whose work duties are not substantially dedicatedto mitigating or responding to the COVID-19 public health emergency; d) expenses thathave been or will be reimbursed under any federal program, such as the reimbursement bythe federal govemment pursuant to the CARES Act of contributions by states to stateunemployment funds; e) reimbursement to donors for donated items or services; f)workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legalsettlements.

4. COVID-I9 Reimbursement Request Support. To facilitate release of CARES funding tothe Recipient and the County's seeking reimbursement of CARES funding under the IGA,the Recipient will submit a detailed invoice in a form specified and approved by theCounty, on or before the 15th day of August, September, and October, detailing the eligibleexpenses incurred by the Recipient for which Reimbursement is being requested. Suchschedule may be modified with the prior approval of the County. Failure to provide any ofthe required documentation may result in termination of the Agreement and in thewithholding and/or nonpayment of all remaining funds awarded to the Recipient by theCounty under the Agreement.

Termination. The County may terminate this Agreement, for convenience or otherwise andfor no consideration or damages, upon prior notice to the Recipient.

lndependent Contractor. Each party under the Agreement shall be for all purposes anindependent contractor. Nothing contained herein will be deemed to create an association,a partnership, a joint venture, or a relationship of principal and agent, or employer andemployee between the parties. The Recipient shall not be, or be deemed to be, or act orpurport to act, as an employee, agent, or representative of the County for any purpose.

7. Indemnification. The Rec ipient agrees to defend, indemnif, and hold the County, itsofficers, officials, employees, agents and volunteers harmless from and against any and allclaims, injuries, damages, losses or expenses including without limitation personal injury,bodily injury, sickness, disease, or death, or damage to or destruction of property, whichare alleged or proven to be caused in whole or in part by an act or omission ofthe Recipient,its officers, directors, employees, and/or agents relating to the Recipients' performance orfailure to perform under this Agreement. The section shall survive the expiration ortermination of this Agreement.

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Comoliance with Laws. Guidelines. The Recipient shall comply with all federal, state, andlocal laws and all requirements (including certifications and audits) of the IGA andProgram Guidelines, to the extent applicable, when seeking Reimbursement.

Maintenance and Audit of Records. The Recipient shall maintain records, books,documents, and other materials relevant to its perforrnance under this Agreement. Theserecords shall be subject to inspection, review and audit by the County or its designee, theWashington State Auditor's Office and as required by the IGA and Program Guidelines forfive (5) years following termination ofthis Agreement. If it is determined during the courseof the audit that the Recipient was reimbursed for unallowable costs under this Agreementor any, the Recipient agrees to promptly reimburse the County for such payments uponrequest.

l0 Notices. Any notice desired or required to be given hereunder shall be in writing, and shallbe deemed received three (3) days after deposit with the U.S. Postal Service, postage fullyprepaid, certified mail, return receipt requested, and addressed to the party to which it isintended at its last known address, or to such other person or address as either party shalldesignate to the other from time to time in writing forwarded in like manner:

RecipientPort Angeles Food BankAttn: Emily Dexter, Executive DirectorPO Box 1885

Port Angeles, WA 98362

Clallam CountyAttn: Mark Lane223 E 4th St, Suite 4Port Angeles, WA 98362-3015

il. ImproÞer Influence. Each party warrants that it did not and will not employ, retain, orcontract with any person or entity on a contingent compensation basis for the purpose ofseeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants,and represents that no gratuity whatsoever has been or will offered or conferred with a viewtowards obtaining, maintaining, or extending this Agreement.

12. Conflict of Interest. The elected and appointed officials and employees of the parties shallnot have any personal interest, direct or indirect, which gives rise to a conflict of interest.

13. Time. Time is of the essence in this Agreement

Survival. The provisions of this Agreement that by their sense and purpose should surviveexpiration or termination of the Agreement shall so survive. Those provisions includewithout limitation Indemnification and Maintenance and Audit of Records.

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Amendment. No amendment or modifrcation to the Agreement will be effective withoutthe prior written consent of the authorized representatives of the parties.

Goveming Law: Venue. The Agreement will be governed in all respects by the laws of theWashington State, both as to interpretation and performance, without regard to conflicts oflaw or choice of law provisions. Any action arising out of or in connection with theAgreement may be instituted and maintained only in a court of competent jurisdiction inClallam County, Washington or as provided by RCW 36.01.050.

Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising,any right hereunder shall operate as a wavier thereof; nor shall any single or partial exerciseby the County ofany right hereunder preclude any other or further exercise thereofor theexercise of any other right. The remedies herein provided are cumulative and not exclusiveof any remedy available to the County at law or in equity.

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the partieshereto and their respective successors.

Assisnment. The Recipient shall not assign or transfer any of its interests in or obligationsunder this Agreement without the prior written consent of the County.

Entire Aereement. This Agreement constitutes the entire agreement between the Countyand the Recipient for the use of funds received under this Agreement and it supersedes allprior or contemporaneous communications and proposals, whether electronic, oral, orwritten between the parties with respect to this Agreement.

No Third Part)¡ Beneficiaries. Nothing herein shall or be deemed to create or confer anyright, action, or benefit in, to, or on the part of any person or entity that is not a party to thisAgreement. This provision shall not limit any obligation which either Party has to theWashington State Department of Commerce in connection with the use of CARES funds,including the obligations to provide access to records and cooperate with audits as providedin this Agreement.

Severability. In the event that one or more provisions of this Agreement shall be determinedto be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, theremainder of the Agreement shall remain in full force and effect and the invalid provisionsshall be deemed deleted.

Counterparts. This Agreement may be executed in one or more counterparts, any of whichshall be deemed an original but all of which together shall constitute one and the sameinstrument.

Authorization. Each party signing below warrants to the other party, that they have the fullpower and authority to execute this Agreement on behalf of the party for whom they sign.

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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as ofthe last date signed below.

DATED this Sth day of August 2020.

Print Name: Emily Dexter

Its: Executive Director

DATED this 5th day of August,2020

APPROVED AS TO FORM by DPA Alvarez August 4, 2020BOARD OF COUNTY COMMISSIONERSCLALLAM COUNTY, WASHINGTON

MARK OZIAS, Chair

RANDY JOHNSON, Commissioner

BILL PEACH, Commissioner

ATTEST

L. Gores, Clerk of the Board

By

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ATTACHMENT A

INTERAGENCY AGREEMENT BETWEENTHE WASHINGTON STATE DEPARTMENT OF COMMERCE AND

CLALLAM COUNTY

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i.ii'dtiiÏr#*[L\øFw

Interagcncy Agrcemcnt with

ClClam tounty

through

the Coronavirus Relief Fund for Local Governments

costs incurred due to the public hælth emergenry with respect tothe coronavirus Disease 2019 (covlD-l9) during the period oftlarcñ t, 2020 tñru October 31, ?tO2O.

Start date: March 1,2020

For

TABLE OF CONTENTS

Spochl Trrrr rnd Condltim¡

L2.3.a.5.6.7.8.9.

10.1',|.

1.2.3.4.

o.7,Lo

10.11,12.'t 3.14.15.'t6.17.18.19.2Q.

Au$ority.....Acknodedger¡ent of Fedaral FundingCan$.ct Management .... ....................

lndirec't Costs..,Billing Pmcedures and Payment..........,....Audit...Debarment.L¡na..........

.2.334Order of Precedcnce

tlornl h+mt rnd Condltlonr

B¿finitions...All Wïitìngs Contained Herein,{rnendmentsAssignmont...Confrdentia.lþ and Safeguardi'ng of lnion¡ation..CopyrightDisputesGoveming Law and Venue.....lndornnificatronLicensíng, Accruditation and Rcgistration .....RecaptureRecîrds MaintenanceSavingsSeverabilitySubcontracting.....,..SurvivalTermination for Cause,Terrnination tor conven¡åä.. :.... :. : :......Termination ProceduresWaiver........,,

Attrchment A, Scopr of lVortAttrchmont B, Budgrt ß lnvoiclng.,,,,Attechmrnt C, A-l¡ Crriific¡tion.......,Atlrchm¡nt D, A-19 Act¡vlty Rcport...

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.55556667777777IIIII

10121315

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FACE SHEET

Washington State Department of CommerceLocal Government Division

Community Capilal Facilities UnitCoronavirus Relief Funrl [r.¡r Loc¿l Governments

Contract Number: 20-654 I C-00

1. Contractor

dathrn County223 East 4th Sheet, Suite 4Port Angeles, rWashington 98362-0389

2. Contractor Doing Business As (optional)

3. Contractor Represenlativo

Mark LaneClallam County Chief Financial Ofäcer(3óo) 4 [email protected]. us

4. COMMERCE Reprerentative

Katrina PerczProject Manager(360) 688:6127Far 360-586-5880Katrina, Perez@commerçe. wa. gov

P.O. Box 42525l0l t Plum Street SEOlympia, WA 9E504-2525

5. Contract Àmount

$4,180,550,00

6. Funding Source

Federal: X State: Other: N/A:

7. Start Date

March l,2020

8. End Date

Octobør 3 1, 2020

Indirect Rate {if applicable):

33-8IYo

9. Federal Funds (as applicable)

$4, t80,550.00

f,'ederal Agencyl

US Dept. ofthe Treasury

CFDA Number:

21.019

10- T¡x lD #XXXXXXXXXXXXXX

ll. slvY#swv0000200-25

12. UBI #999999999

13. DUNS#

N/A

To provide funds for costs incurred due to the publíc health emergençy with respect to the Coronavirus Disease 2019 (COVID- l9)during the period of March 1,2020 thru October 31,2t20. Final invoices must be received by November t5,2020.

14. Contrsct Purpose

15. Signing Statement

COMMERCE, defined as the Departmont of Commerce, and the Contractor, as defined above, acknowledge and accept the terms ofthis Contract and Attachments and have executed this Conhact on the date below and warrant they are authorized to bind theirrespectíve agencies. The rights and oblígations of both parties to this Contract are governed by this Conhact and the followingdocuments hereby incorporated by reference: Attachment "A" - Scope of Work, Attachment "B" - Budget & lnvoicing, Attachment"C' * A- I 9 Certification, Aftachment "D' - A- l9 Activity Report

6-à3:aoApproved as tofom onty

F'OR

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Clallam

Date

Lß" D.

zC!<.iV

APPROVED AS TO FORM ONLY BY ASSTSTANTATTORNEY GENERAL 05-01.2020.APPROVAL ON FILE.

FORCOMMERCE

Mark K. Dírector, Local Government Di vision

Date

tft

SPECIAL TERMS ANÐ CONDITIONSINTER/TGENCY AGREETIENT

FEÐERAL FUNDS

t. AUTHORITY

COMMERCE and Contraclor enter into this Contract pursuant to the authority granted by the lnterlocaiCooperation Act, Chapter 39.34 RCW.

2. ÂCKNOWLEDGi,IENT OF FËDER+L FUNDS

Funds under {he Coniract are made available and are subject to Section 601{a) of the Social SecurítyAct, as amended by section 5001 sf the Coronavirus Aid, Relief, and Economic Security Act {CAREéAct), and Title V and Vl of the CARES Act.

The CôfltraÖtûr agrees that any publications (written, visual, or sound) but excluding press rêlêases,newsletlers, and issue analyses, issued by the Contractor describing programs or projecfs funded in wholeor in part with fede¡al funds under this Contract, shall contain the foliowing statements:

'This ptoject was supported by a grant awarded by US Department of the Treasr¡ry points ofview in this document are those of the author and do not necassarily represent ihe oficìal positionor policies of the US Department of the Treasury. Grant funds are administered by the LocalGovernrnent Coronaui'rus Relief Fund thru the Washington State Department of Commerce."

3. COÑTRACT}IAiIAGEHEIVT

ThÇ RcpË€€ntativê for each of the parties shall be responsible fo¡ and shall þe the contaet person for allcommunicetiom and billings regarding the performance of üris Contract

The Representetive for COMMERCE and their contact information erc idantifbd on thê Face Sheet ofthis Contrs€t,

Thc Raprasentative for the Contrâctor and their contact information are ident¡f¡ed on tha Face Sheet ofthis Contrecl

1. COtríPEt{S,ATtON

COMMERCE shall pay an amount not to exceed the contract amount listad on ihe Face Sheet for thepèrfufmsnæ of allthings n€cessary for or incidental to the performance of work under this Contract as setb¡th in the Scope of Wort< (Attachment A).

5. EXPEf{SES

Contnactor shail receive reimburscnent for allowable expenses as ldentified in the Scope of Work(Attachment A) or as authorìzed in advance by COMMERCE as reimbursable.

Travel expensês rnay include airlare (economy or coach class only), other transportetion expenses, andlodging and subsistence neeessary during periods of raquired travel. Contractor shatl recelve cômpensaflonÍor travel expen$es at currcnt state travel reímbursement rates.

6. |ND|RECï COSTS

Contractor shall provide theír indirect sost rate that has been negotiated between their entity and thc fcderalgovernment. lf no such rate exists a de minìmis indirect cost Íat€ of 1Q% of modified fotal dirEct costs(MTDC) will be used.

I. SILLIñIG PROCEDURES AND PAYüIENT

COMMERCE shall reímburse the Contractor for eligible Project.expenditures, up to the rnaximum payabtaunder this Contract. When requesting reimbursômênt for expenditures made, Contractor shall submit alllnvolce Vouchers and any required documentation electronically through COMMERCE's ContractsManagement System {CMS), which is avaílable through the Secure Access Washington (SAW) portal. tfthe Contractor has constraints prcventing access to COMMERCE's onlinE A-19 portal, a herd copy A-1giorm may be províded by the COMMERCE Project Manager upon rcquest

State of WashingtonDeparlment of Commerce

Version 072019lnteragency Agreeme¡tPage I

State of WashingtonDeparlmont of Commerce

SPECIAL TERIUIS AND CONDITIONSINTERAGENCY AGRËEII ENT

FEDERAL FUNDS

The voucher must be cert¡f¡ed by an official of the Coniractor with authority to bind the Contractor. The finalvoucher shall be submitted to cbMMERC€ no tater than November 1s,2a20.

coMMERcE Ìvillpay Contractor upon ac_ceptance of.services provided and receípt of properly completedinvoices, which shall be submitted to the Representative for con¡uERCE not more onån1-nan monthty.The invoices shall describe and document, to coMMERcE's satisfaction, rcimbursable expendirures asset forth under the scope of Work (AttachmentA) and Budget & lnvoicing 1Áuactrmenf gl. rhe invoice shallinclude the Contract Number as staled on the Fáce Sheet.-

Each voucher must be.accompaniecl by an A-19 c.erlification (Attachment c) and A-1g Activity Report(Attachment D)' The A-19 Certlflcation must be certified oy an aùttrorized party of thê Contractor to certifyand attsst all expenditures submitted on the voucher erê in complíance øtn ine United States freasuryCoronavírus Relíef Fund ("Fund") Guldance for State. Tenitorial, Lïcal, and Tribal Governmànt".

htE{toPl.treasurv.lov/sFtem/llles/130/CoronaYirus-Relief-Fund-Gu¡rrar¡ce-for€tate-lerr¡tor¡atloË!=anGTribal- Governmants. odf

Tl,.".l-'!1 Activity Report must be subrnilted which describes, in Excet spreadsheet and narrative form, adetailed breakdorwn of the expenditures within each appricabre budgre:{ ,ru-öãËgã.y identified in tirãvoucher, as well as a r6port of expenditures to date. coMMERcE-witt not reteäse payment for anyreimburssmsnt r€quest received unless and until the A-19 Certification and A-1 g AãiiUty neport is received.Afler approving the lnvoice Voucher, A-19 certificatlon and Activig Report, courraÈhcË snall prornptrvremit a warmnt to the Contractor.

Peyment shall be considered timely if rnade by GOMMERCË wíthin thirty (00) catendar days afrer receiptof proparly completed invoices. Payment shall be sent to the address ceåilnaleo uy Fre Gontractor.COMMERCE rnay, in its sole discretion, tarminate the Contrect or withhold payments claimed by theContractor for services rendered if the Gontractor fails to satisfactorify cornpfy wiln äny t"* or condilion ofthis Contract.

No payments in advalc_e_or in anticipation of services or supplies to be provided under this Agreement shât¡be made by COMMERCE.

Duolícatio4 of Billed Costs

The contractor shall îot bill coMMERcE for servíces performed under this Agreement, and coMMERcEshall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by

"ny oth",

sourcê, including grants, for that service.

Disallowed Costs

The Contractor is responsíble for any audit exceptions or disallowed costs ¡ncunêd by its own organizationor that of its subcontractors.

Should the Contractor be found to spentfunds inconsistent wilh federal laws, rules, guidelines, or otherwíseinappropriately, it is the responsibility of the Contractor to reimburse commer." ioi a"v amount spent ondisallowed costs.

8. AUDIT

Contractor shall maintain internal controls providing reasonable åssurance it is managing federal awardsin oornpliance with laws, regulations, and provisioñs of contracts or grant agreementã that could have amaterlal effect on each of íts federaj programs; and prepare appropriãte fina-ncíal statements, including aschedule of expenditures of federal awards.

lf the Contractor is a subrecipierrt and expends $750,000 or rnore in federal awards from any and/or allsource$ in any fiscal year, the Contractor shafl procure and pay for a single audit or a progråm-specificaudit for that fiscal year, upon completion of each audÌt, the coniractor shall:

Version 072019Page 2

lnteregEncy Agteemont

SPECIAL TERMS AND CONDITIONSINTERAGÊT¡CY AGREEMENT

FEDERAL FUNDS

A. Submit to COMMËRCE the reporting package specified in OMB Super Circuiar 2 CFR 200.501,reports required by the program-specíflc audit guide (if applicable), and a copy of any managementletters issued by the auditor.

S. Submit to COMMERCE follow-up and developed correct¡ve action plans for ait audit fìndings

lf the Cont¡actor is a subrecipient and expends less than $750,0û0 in federal awards from any andlor allsources in any fiscal year, the Contractor shall notify COMMERCE they did not meet thê singte auditrequirement.

The Contractör shall se¡d all singie audit documentation to auditreview(Acofnmqrce.wa.qov.

9. DEBARTEilT

A. Contractor, defined asthe primary participant and it prìncipals, certifies by signing these GeneralTermsand Cond'rtions that to ttte best of jts knowiedge and belief that they:

i. Ale not presently debarred, suspended, proposed for deharment, declared inelígible, orvoluntarily excluded from covered transactions by any Federal 'department or agency,

ii Have not within a three-year period preceding this Contract, been convicted of or had a civiljudgment rendered against them for commission of frar¡d or a crimìnai offense in connectionwith obtaining, altempting to obtain, or performing a public or private agreement or lransaction,violation of Federal or State antitrusl statutes or comrnissian of embezzlement, theft, forgery,bribary, falsification or destruction of record.s, making false sta:ternents, tax evasion, receivingsto{en property, rnaking Éalse claims, c¡. obstruction of justìce:

iii Are noi presently indicted for or otherwise criminal{y or civilly charged by a governmental entity(Federal, State, or locai) with commission of eny of the olhnser enumereted ín paragraph(1Xb) of federal Executive Order 12549; and

iv. Have noi within a three-year period preceding the signi'ng of this Contract had one or mûrepublic transactions (Federal, State, or local) terminated for cause of defeult.

B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contrsctor shallattach an explänation to this Gontract.

C. The Contractor âgrees by signing this Contract that it shall not knowingly enter into any lower tiercovered transactíon with a person who ís debarred, suspended, d€clar€d ineligible, or voluntarilyexcluded from partiðipa{ion in this covered transaction, unless authorized by GOÍvIMERCE.

D. Tho Contractor further egrees by signing this Contract that it will include the clause titled "CertificationRegarding Debarment, Suspension, lneìigibility and Voluntary Exclusion.Lower Tier CoveredTransaclion," as follows, without modification, in all lower tier covered transaciions and in alisolicitations for lower lier covered lransactions;

LOWER ÏIER COVERED TRANSACTIONS

i. The lower tier Conlracior certifies, by signing this Contract lhat neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared ineiígible, or voluntarilyexcluded from partlcipation in this transactíon by any Federal departmeni or agency.

ii. Where the lower tier Contractor is unable to certify to any of thê statements in this Contract,such contractor shall attach an explanation to this Contract.

E. The terms covered transaction, d€bârrêd, sucpended, íneligible, lower tiør coversd transaction,pêrlron, primary covered transaction, prlncipal, and voluntarlly excluded, as used in this section,have the meanings set out in the Definitions and Coverage sections of the rules implementing ExecutiveOrder 12549. You may contact COMMERCE for assístance in obtalning e copy of these regulations,

10. LAWS

The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and po{icies of local,state, and federal governments, as now or hereafier amended, including, but not lirnited to:

Statø of WashingtonOepartmsnt of Cornmerce

Version 07201 IPage 3

lnt€ragsncy Agreement

State of Wesh¡ngtonDepartment of CommorcÉ

SPECÍAL TERNNS AND CONDITIOIISIÍI¡TËRAGEN CY AGREEH ENf

FED€RAL FUNDS

Unltgd Strfer L¡we, Reoul¡lion¡ and Circul¡Ê lFedcr¡lìContractor shall comply wltlr Unifurm Administrative Requirements, Cost Principles, and Audit Requirernentfor Federal Award, 2 CFR 200, Subpart F - Ar¡dit Requirements.

Contractor shall comply_ with -the applicable reqüirements of 2 CFR Part 200, includinE any futureamendments to 2 CFR Part200, and any süccessor or replacement Office of trilanagemenlanúgudget(OMB) Circula¡^ or regr,rlation.

co¡tracto¡ sha{l comply with on'rnibus crime control and safe strcets Act of 1968, Tit{e v1 of the civit RightsAct of 1964, Section 504 of the Rehabilitation Act of 1973, Title ll of the Americans with Ðisabilit¡es *ãt of1990, Iltle lX of the €ducation Amendrnents of 1972, The Aga Ðiscrirnination Aci of 1975, and TheDefartment of Justic¿ Non-Disc¡irninatÍon Regulations, 2S C.F.R. Part 42, Sr.rbparts C.Ð,E. and G, and 28C.F,R. Part 35 and 39.

11. ORO€R Of PEIECEDENCE

ln the event of an ínconsistrency in lhis Con{ract, the inconsistency shaTi be resoJved by givìng precedêncein the follow¡ng ordèr:

. Applicable federal and state of washington statutes and regulations

. Spacial Ternrs and Conditions

. Gcneral Tarms and Conditlons

r Attachrnent A - Scope of Work

. AfiachrnentE-Budget& lnvoicing

¡ Attachment C - A-19 Certification

¡ Attaclment D - A-19 Activity Report

Versio¡ 07201 9Page 4

lntsrâgency Agrðêm6nf

2

¡.

Stâté of WashingtonOepartrnEnt of Commrrco

GEI{ERAL TERMS AND COI.¡DITIONSINTERAGENCY AGREEfr/IENT

FEC'ERAL FUNDS

1. OEFtNtTtoNs

As used throughout tlris Conlract, the following terms shail have the meaning set forth beiow:

A. "Authorized Representative" shall mean the Director and/or lhe designee authorized in writing toact on the Directo/s behalf.

B. -COMMERCE' shall mean the Ðepartment of Commerce.

C utontracf' or "Agreernent" means the entire written agreement between COMMERCE and theContractor, íncluding any attachments, documents, or materials incorporated by reference. Ë-mailor facsimile transmission of a signed copy of this contract sha{l be the sarné as delivery of anoriginal.

D. "CÕntractor" shall. mean the entity identified on the face sheet performing service{s) under thiscontract, and shall include ail employees and agents of the contractor.

E. "Fersonal lnformation' shall rnean information identiffable to any person, incfuding, but not limitedto, information that relates to a person's narne, health, flnances, ãducetion, uusineü, use or receiptof governmental services or other activities, addresses, telephone n,umbers, social securiiynurnbers, driver license numbers, otheridentifying numbers, and any financial identifþrs.

F. "State".shall mean the stete of Washington.

G' "Subcontracto/' shall mean one not in the emplcyment of the Contractor, who is perfor,ming all orparl of those sarvices under this Contiaci i.inder a separate contract with ihe Contracto¡, ihe terms"subcontractol' and "subcont¡actors" mean subcontractor(s) in any tier.

. ALL WRITINGS CONTA'ilEO HEREIN

This Contract sontains all the terms and conditions agreed upon by ttte parties- No otherunderstandings, oral ol otherwise, regarding ihe subject mãtter of this C'ontrac.t shall be deemed toexist or to bind any of the parties hereto.

ATËNDN||ENTS

This Contract may be amended by mutuâl agreement of the partres. Such amendrnenls shalf not bebindíng unless they are in writing and signed by personnel authorized to bind each of the parties.

ASSIGNMENT

Neither this Contract, work thereunder, nor any cfaim alising under this Contract, shall be i¡ansfenedor assigned by the contractor without pr¡or written consent of coMMERcE.CONFIDET\¡TIALITY ANO SAFEGUARDING OF INFORMAÍ IoiIA. "Confidential lnformation" as used in this section Íncludes:

i. All material provided to ihe Contractor by COMMERCE that is desþnated as "confídentiat,'byCOMMËRCE;

ii. All material produced by the Contractor that is designated as "confidential'by COMMERCE;and

iii. All personal ínformation in the possession of the Contractor that may not be disclosed understate or federal law.

B, The Contraclor shafl cornpiy with all state and federal laws related to the use, sharing, transfer,sale, or discfosure of Confidentiai lnformation. The Contractor shall use Confidential lñformationsolely for the purposes of this Contract and shall not use, share, transfer, sell or disclose anyConfidential lnformation to any third parly except with ihe prior written consent of COMMERCE oras may be requÍred by law. The Contractor shalltake all necessary steps to assure that Confidentiallnformation is safeguarded to prevent unauthorized use, sharing, trànsfer, sale or disclosure ofConfidential lnformation or violation of any state or federal laws rélated thereto. Upon request, theContractor shall provide COMMERCE'with its policies and procedures on confidentiåtify.

¿1.

5


lnteragency Agreernsnt

COMMERC€1ay require changes to such policies and procedures as they apply to this Contractwheneve¡ COMMERC€ reasonably delermínes that changes are necessary to preventunauthoriaed disclosures. The Contractor shall make the changãs within the time pónoO specifiedby COMMERCE. Upon request, the Contractor shall imnredlatefy return to CÓrunenbe anyConfidential lnformaTon that COMMERCÊ reasonably determines has not been adequatelyprotected by lhe Contractor against unauthorized disclosure.

C. Unauthorized Use or Díscfcsure. The Contractor shall notity COMMERCE within five (5) workingdays of any unauthorized use or disclosure of any confidentiál infcrmation, and sha]f take n'ecessaristeps to mitigate the harmful effecis of such use or disclosure.

6. COPYRIGHT

Unless othen¡¿ise provided, all Materials produced under this Contract shall be considered 'works forhire" as defined by the U S. topyright Act and shall be owned by COMMERC€. CO.MMERCE shafi beconsidered the author of such Materials. ln the event the Materiâls are not oons.idered 'n¡orks for hirê',underthe U.S. Copyright laws, the Contractor hereby irrevocably assigns allright, tifle, and interest ìnall Materials, includìng allintellectual property rights. moralrights, and r'[irts otpintictty to CotyuERcEeffective from the moment of creation of such Materiafs.

"Mateilals' means all items in any format and includes, but is not lírníted to, data, reports, documents,pamphlets, advertisements, books, magazines, surueys, studies, oomputer progratns, fäms, tapes,and/or sound reproduclions. 'Ownership" includes the right to copyright, pateni, register anO the abilityto transfer these rþhts.

For Materials that are delivered under the Contract, but that incorporate pre-existing materia]s notproduoed u'nder the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rÍghts to sublice¡se to others) in such Måtêrials to translate, reproåucå,distribute, prepare derívative wor{<s, publicly peÉorm, and publicly display. The Contractor warrants andrepresents that the Contractor has all rights and permissions, inoluding inteJlectual property rþhts,moral rights and rights of publicity, necessery to grant such a tÌcênse to COtrill¡eRCe-

The Contractor shall exert all rêasonable effort to advise COMMERCE, at the time of detivery offvtaterials fumished under this Contract, of all known or potential invasions of privacy coniained theieinand of any portion of such document which was not produced in the performence oi this Contract. TheContractor shall provide COMMERCË wjth prompt written notice of each not¡ce or claim of infringementreceived by the Contractor with respect to any Materlals delivered under this Contract. COMMERCEshalì have the right to modify or remove any restrictive markings placed upon the Materials by theContractor.

7. OISPUTES

ln the event that a dispute aríses under this Agreement, it shall be dstermined by a Dispute Board Ínthe following manner: Each party to this Agreement shall appoint one member to the Dispute Board.Ihe members so appointed shall jointly appoint an additional member to the Dispute Board, TheDispute Board shall review the facts, Agreement terms and applicable statutes and rules and make adelermination of the dispute The Dispute Board shail thereafter decíde the dispute with the majorityprevailing. The determination of the Dispute Board shall be final and bíndíng on the parties treretó. nian alternative to ihis process, either of the parties may request intervention by the Governor, asprovided by RCW 43.17,330, in whích event the Governor's process wíllcontrol.

g. GOVERNIN¡G LA!I/ AND VENUE

This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,and any applicable federal laws, and the venue of any action brought hereunder shall be in ihe SupãriorCourt for Thurston County.

Stata of WashingtonDâpãrtmcnt of Comrnerce

GENERAL TERùlS AND CONDITIONSINTERAGENCY AGREEMENT

FEDERAL FUNDS

Version 072019lnteragency AgreementPage 6

GENERAL TERNS AND CONÐITIONSINTERAGËI{CY AG REE ME NT

FEDERAL FUNDS

s. r¡{DÊMMtFtcAnon¡

Each party shall be solefy responsible for the acts of Ìts employees, officers, and agents.

r O. LICENSING. ACCRET}ITATIOI{ AÍVO REG ISTRAT¡ON

The Contractor shall comply with all applicable local, stãte, and federat licensing, accreditation andregistration requirements or standards necessary for the performance of this tontiact.

11. RECAPII'RE

ln the event ttrat the Contractor fails to perform this Contract in accordance wíth state laws, federallaws, andlor the provísions of lhis Contract, COMMERCË reserves the right to recapture funds in anarnount to 6ompensat€ COMMERCE for the noncompliance in addition to iny other remedles availableal law or in equity.

Repayrnent by the Contractor of funds under this recapture provision shall occur within the time peri,odspecified by COMMÊRCE. ln the alternative, CôMMERCË may recapture such funds frorn paymentsdue under this Contrect.

1 2. RECORDS ilIA'NTEI¡ANCE

The Contractor shall maintain books, records, docurnents, data and other evidence relating to thiscontract and perfor.mance of the services descrlbed herein, ineluding but not limited ùo accountingprocedures and practices that suffíciantly and proper.ly reflect all direct and indirect costs of any naturãexpended in the perforrnance of this eontract.

The contrâctor shall maintain records that ideniify, in its accounts, all bderal awards rece¡ved åndexpended and the feder¡l progrems under which they were raceivEd, by Catelog of Fcder¡l DornestiüAssistance (CFDA) title and number, award number and yeer, narne of the fedeiat agency, and nameof the pass{hrough entìty.

The Contractor shall ret6¡n such records for a period of six (6) years following the date of final payment.At no addìtional cost, these records, including materials generated under thå ¿lntract, shatl be éubjectat all reasonable times tu ínspeciion, review or audit by COMMERCE. personnel duly euthori¿êd byCOMlvlÊRCE, the Office of the State Auditor, and federal and state ofrcials so authorized by taw,regulation or agrcement.

lf any litigation, claím or audit is started before the expiration of the síx (6) year period, the records shaltbe retained until all litigalion, claims, or audit findings involving the records have been resolved,

13. SAVTNGS

ln the event funding frory state,, federal, or other sourcês is withdrawn, reduced, or limited in any wayalter the effective date of this Contract and príor to normal completíon, COMMERCE may suspenO orterminate the Contract under the 'Termínation for ConveniencE¡' clausê, without the ten calendar daynotice requirement. ln lieu of terminalion, tha Contract rnay be amended to reflect the new fundin!limítations and conditions.

,l.. SEVERABILITY

The provísions of this contract are intended to be severable. lf any term or provision is illegal or invalidfor any reåson whatsoever, such illegalíty or invalidity shall not affect the va¡¡d¡ty of the remainder ofthe conlract.

15. SUBCONTRACTING

The Contractor rnay only subcontract work contemplated under this Contract if it obtains the prior writtenapprovalof COMMERCE,

. lf COMMERCË approves subcontracting, the Contractor shall maintain written procedures related tosubcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,COMMERCE in writing may: (a) requíre the Contractor to amend its subcontractfng procedures es they

State of WashinglonÐêpartment of Commorce

V6¡s¡on 072019Page 7

lnteragency Agreemênt

GENERAL ÍERMS ANfi CONDITIONSINTERAGENCY ASREEüEñ¡T

FEDERAL FUNOS

refate to this Contract; (b) prohibit the tontractor from subcontracting with a partícular person or entíty;or (c) require the Contractcr to rescind or amend a subcontract.

Every subcontract shall bind ihe Subcontractor to follow all applicable terrns of th js Contract. Contractorshali incorporate 2 CFR Par12t0, Subpart F audit requírements into all subcontracts. Ihe Contractoris responsible to COMMERCE if the Subcontractor fails to comply wiih any applicable term or conditionof this Contract. The Contractor ehall appropriately monitor the activities of the Subcontractor to assurefiscal conditions of this Gontract. ln no event shall the existence of a subcontract operate to release orreduce the lìability of lhe Csntractor to COMMERCE for any breach in the periorinance of theContractor's duties,

Every subcontract shall include a t€rm that COMMERCE and the State of Washington are not liable forclaims or damages arising from a Subcontractor's performance of the subcontract.

16. SURVTVAL

Ïhe terñs, condjtions, and warrantles contained rn this Contract that by their sense and context areintended to survive the completlon of the performance, cancellation or tennination of this Gontract shallgo survive-

,t7. TERTIINATÍOIì¡ FOR GAUSE

ln the event COMMERCE detennines the Contractor has failed to comply with the eonditions of thiscuntract in a tíme1y manner, COMMERCE has the right to suspend or terminate th¡s contract. Beforesuspending or terminating the contrâct, COMMERCÉ shall notify the Contractor in writing of tfre needto take corrective action. lf corrective action is not taken within 30 calendar days, the contract may hetennìnated or suspe nded.

In the event of termination or suspension, the Contractor shall be liable for darnages as author-ized bylaw includÍng, but not limited to, any cost dífference between the oríginal cont'Ecl and the replacementôr cover contract and all admìnistrative costs directly related to the replacement contract, e.g., cost ofthe competitive biddìng, rnailing, advertising end staff time.

COMMERCË reserves the right to suspend all or part of the contract, r¡vithhold further payments, orprohibit the Contractor from incurring additional obligations of funds during investigätion of the aitegedcompliance breach and pending correetive action by the Contractor or a decision by COMMERCE toterminate the contract. A termination shall be deemed a "Termination for Convenience" if it isdetermined that tha Contractor: (1) was not in default; or (2) fâ¡lurê to perform was outside of his or hercontrol, fault or negligenee.

The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addjtionto any other rights and rernedíes provided by law,

18. TERMINATION FOR CONVENIENCË

Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days writtennotice, beginning on the second day afrer the maìling, terminale this Contract, in whole or in part. lf thisContract is so terminated, COMMERCE shall be liable oniy for payment requíred under the terms ofthis Contract for services rendered or goods delivered prior to the effective date of termination.

I9. TERMINATION PROCEDURES

Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,may require the Contractor to deliver to COMMERCE any property specifically produced or acquiredfor the performance of such part of this contract as has been terminated. The provisions of the"Treatment of Assets" clause shall apply in such property transfer.

COMMERCE shall pay to the Contractor ihe agreed upon price, íf separately stated, for cornpletedwork and services accepied by COMMERCE, and the amount agreed upon by the Contractor andCOMMERCE for (i) completed work and seruices for which no separate price is stated, {ii) partialtycompleted work and services, (iii) other property or services that are accepted by COMMERCE, and(iv) the protection and preservation of property, unless the termination is for default, in which case theAuthorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree

state of waehington lni€râgencyAgrsement versíon 072019Departmgnt of Commerce page g

GENERAL TERI,IS A,T.¡D COND ITIO IIISINTERAGENCY AGREEII¡IENT

FEOERA!- FUNDS

with such determinât¡on shall be a dispute within the meaning of the "Disputes" clâ{.¡se of thiç contract.COMMÊRCE may withhold frorn any amounts due the Contractor such sum as the AuthorlzedRepresentative deterrnines to be necessary to protect COMMERTE against potential loss or liability.The rights and remedies of COMMERCE provided in this section shall not be exclusive and are inaddition to any other rights and remedies provided by law or under this cont¡act.

After receipt of a notice cf termination, and except as othenruise directed by the AuthorizedRepresenlative, the Contractor shsll:

A. Stop work under the contract on the date, and lo the extent specified, in the notice;

B' Place no furthêr orders or subconiracts for materials, services, or facilities except as rnay beneeessary for completion of such portion of the work under the contract that is not terminated;

C. Assign io CÕMM€RCE, in the manner, at the times, and to the extent directed by the AuthorizedRepresentative, all of the rights, title, and interest of the Contractor under the orders andsubcontracts so terminated, jn which case COMMERCE has the right, at its discretion, to setile orpay any or all claims arising out of the termination of such orders and subcontracts;

D. SeR¡e ail outstanding liabilities and all claims arising out of such termination of orders andsubcontracts, with the approval or ratification of the Authorized Representativa to the extent theAuthorized Rapresentative may require, which approval or ratificatîon shall þe Tînal for all thepurposes of this clause;

E. Transfer title to COMMËRCE and deiiver in the manner, at the times, and to the extent directed bythe Authori¿ed Representative any property which, if the contract had been cornpleted, would havàbeen requíred to þe furnished to COMMERCE;

F' Compleie pedormance of such parl of the work as shall not have been terminated by the AuthorizedRepresentative; and

G. Take such action as ftay be necessary, or as the Authorized Representative may dìrect, for theprotection and presêrvation of the property related to this contract, wh¡ch is in the possession ofthe Contractor and in whích the Authorized Representative has ot may acquire an interest.

20.wÅlEEWaiver of any default or breach shall not be deemed to be a waiver of any subseguent default or breach.Any waíver shall not þe construed to be a modification of the terms of this Contrac-t unless stated to besuch in wríting and signed by Authorized Representatíve of COMMERCE.

State of WashíngtonDepartment of Commerce

Version 072019Page I

lr¡ teragency Ag reement

Scope of UVork

This fundíng is made avaifable under soction 601{a) of the Social Security Act, as added by sectiôn 5001of the Coronavírus Aid, Reliel and Econor¡ic Securíty Act i"CARES Acii') anc Seitøn V anct Vt of theCARES Act, for cosk íncuned d1e to the public health åmergàncy wfth respect to the cãronavirus Disease2019 (covlD-19), under the CARE$ Act, the coronavirus ñetieíFuno may oe ,.ã¿ tãiou"r costs that:

l. Are nece¡s¡ry expenditures incurred_due to the public hcatth ernergency wlth rcspect to theCoronlviru¡ Dtserse 2019 (COVIO-{9}; AND

2- Are not eccounlcd fcr in tfte budgct moct recrntly rpproved ¡s of ilterctr 22, m2D fihe deteof en¡ct¡ncnt of the CARES Act) for the St¡t¡ or g-cvðinmrnt.

!hes9 tunds may be used to reirnburse for expenditures incurred during the period of Marctr t, 2020 thruoct. 31,2020. Please note: ln order to ensure all funds have beén fuìly utÍlizeo prior lo the USlreasury's December 30, 2û20 end date, the State of Washington must closeout contrãcts by October31' 202*. All final requests for reirnbursement must be receívãd no latar than November 1s, 202e.

Expendilures must,be used for necessary actÍons taken to respond to the public health emergency. Thesemay include expenditures incurred to allow the local governmentto responri direc{y to $re emergency, suc¡as by addressing rnedical or public health needs, ai we{l as expenditures incuned to respond to second-order effecùs of the emergency, such as by providing eccnomic support to those sufrering frorn emplo¡rmentor business interruptions due to coVlD-1g-refated business closúrbs.

Funds may nol be used to fill shortfalls in government revenue to eover expenditures that would notothen¡vise qualify under the statute, Althouglr a broad range of usos is allowed, rävenue replacement is nota permissible use of Fund payments.

l-aVryegs may be used only to covor costs not accounted for in the budget most recenfly approved as ofMarch 27 , 2020. A cost meets this requirement if either:

1' The cost cannot fawfully be funded using a line item, allotmen! or allocation within that budget; OR

2' The cost is for. a suhstantially different use from any expected use of funds in such a line item,allotment, or allocatíon,

The ''most recenlly approved" budget is the enâcted budget for the relevant fiscal period for the partrculargovernment. A cost is not considered to have been accounted for in a budget merety because it could bernet using a budgetary stabilization fund, rainy day fund, or similar reserve account.

Allowable exnenditursr tnclude. but rro not llmlted tq:

Attachment A

Medical Expenses such as:a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.b, Expenses of establíshing temporary public medical facilities and other measures to increase

COVID-19 treatment capacity, including related construction costs.c Costs of providing COVID-19 testing, including serofogicat testíng,d. Emergency medicai response expenses, including ernergency mled¡cat transportation, relatedto COVID-19.

e Expenses for eslablishing and operating public telemedicine capabilities for COVID-19-relatedtreatment.

2. Public health expenses such as:

State of Warh¡ngtonÐepariment of Commerce


fnt€ragency Agfðomênt

Attachn¡ent A

a. Expenses for communication and enforcement by State, territorial, local, and |ribalgovernments of public health orders related to COVID-19.

b. Expenses for acquisitìon and distríbutíon of medical and protective supplies, includingsanitizing products and personal proteciive equipment, for medìcal personnel, police otficers,social workers, child protection services, and child welfare officers, direct service providers forolder adults and individuals with disabilities in communÍg settings, and other public health orsafeg workers in connection with the COVID-19 public health emergency.

c. Expenses for disinfection of public areas and other facilities, e.9., nursing homes, in responseto the COVID-19 public health emërgency.

d. Expenses for technical assistance to local authorities or other entities on mitígation of COVID-19-related threats to public health and safety

e. Expenses for publíc safety measures undertaken in response to COVID-19.f. Expenses for quarantining individuais.

3, Payroll expenses for public safety, pubiic heafth, health care, human services, and similaremployees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency.

4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, suchAS:

a. Expenses for food delivery to resídents, Íncluding, for example, senior citizens and othervulnerable populations, to enable compliance with COVID-19 public health precautions.

b. Expenses to facilitate distance learnÍng, incfuding technological improvements, in connectionwith school closings to enable complíance with COVID-19 precautions.

c. Expenses to irnprove telework capabifitíes for public employees to enable compliance withCOVID-1 I public health precautions.

d, Expenses of providing paid sick and paid famíly and medical leave to public employees toenable compliance with COVID-'19 public health precautions.

e. COVID-19-related expenses of maintaining state prisons and county jails, including as relatesto saniiation and improvement of social distâncing measures, to enable compliance wÍthCOVID-1 I public heaith precautions.

f, Expenses for care ior homeless populatíons provided to mitigate COVID-19 effects and enablecompliance with COVID-19 public health precautions.

5. Ëxpenses associated with the provision of economic support in connectíon with the COVID-19public health ernergency, such as:a, Expenditures related to the provísion of grants to small businesses to reimburse the cosis of

business interrupiion caused by required closures.b. Expenditures related to a State, territorial, local, or Tribal government payroll support program.c. Unemployment insurance costs related tCI lhe COVID-19 publio heallh emergency if such costs

will not be reimbursed by the federal government pursuant to the CARES Act or othenvise.

6. Any other COVID-19-relaied expenses reasonably necessary to ihe function of government thatsatisfy the Fund's eligibility criteria.

Stete of WashingtonDepartment of Commerco

Version 072019Fage 1 1

lnteragency Agreement

Attachmenl B

Budgat å lnvoiclng

The Contrector shâll determine the appropríate budget and use of funds within the foßowing 6 budgetcategories and their sub-categories:

1. Madical2. Public Health3. Payroll¿1. Actions to Comply with Pubtic t-lealth Measuras5- Economic Support6. Other Covid-19 Expenses

The Contractor shall submit invoice reimbursement requests to the Commerce Representative using theCommerce Conbact Management System's (CMS) Online A-19 Portal. Each reimbursement reqtiest-mustincfude:

1, A_19 Certiücati on form - An authorized party of the local government will ceËify each invoice {4,19)submitted br reimbursernent and attest that all incured expenditures meet the US Treasury

guidance:

2. A-19 Activity Report3. A detailed breakd_own of the expenditures incurred within each applicable budget sub-category on

the A-19 Aõtivity Report.

The A-19 CeÉiftcation and Activity Rcport tamplates will be provided with the executad contrn¿t. Thadocumente are íncluded in Attrachnrent C and Attachment D for reference.

Rcceipts and proof of payment for costs incuned do not need to be submitted with A-19s. Alt contnactorsare required to maintain æcounting records in eccordance wlth state and þderal lawe. RacordË must besuficient to demonskate the funds have been used in accordanoe with section 601(d) of the SociatsecurityAcL Commerce r?seruËs the rþht to audlt any costs submitted for reimbursement. tTre Conhactor shailcomply with Gommeroe A-19 audits and provide the appropriate rccords upon requ€st.

State of WashDepârtment of

ingtonCommefce

V€¡sion 072019Pags 12

lnteragcncy AgÍ€ement

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Attachment C

Version 072019Page 1 3

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LOCAL GOVERIITIENT COROTIAVIRUS RELIEF FUHOSCERTIFICATTOII

l, 1ffi, ånì th€ <ttltlr Df <locAt €frlifünÞ, ¿nd I sertify tlrat

1. I hevethe ¡uthorityånd approval lrom the goveroingbcdyon behelfoftùe l_ocllGov€rnrn€nt to requêst reimbur¡srnent from the Dep¡rtsnent of tommerce{Cornmercel pêr cootr¿tct nunber <Q0ümnGtGüftGtt[¡tlÞ fionr rheallocation of tûe Coronuvìrus ßelief Fund as cr,eated in section SO01 of H.R,?ulg, theCoronavirus Aid. ffelief, end Êconcmic Se{ur¡tv A(t {,,CAR€S Acf} for eligibleexpeûditurei includerl on ìhe correspondìilg A-19 invoice voucherior report period{æril?tCilootR'Om âÊ¡Þ.

¿. I understând th¡t rs ¿dditional federal guidance becsmes av¡ilable, a c€ntr¡ct¡r¡sndment to the egteement betweefi Colnmerce and ttre Local Govemm€nt äðybeconre necess¡ry,

3. I u¡derstand Cornmerce will rely Õn th¡s certiflcttaon ¡s Ê maleri'irl repres€nlat¡Ðrl inprocessing th i.s reiml¡ursement.

4, I cert¡fy the usa of funds ¡uàmitted for reirnbursement front th€ Coron¡virus ßeliefFun¿ls under this contrðct were used only to cover lhos€ cogts thÈt:a- Are ¡ecessary expendîtures incurred due to thq publíc health emergenty wirh

resp€ct to the Coron¿virus Þ¡seùse ?0Xg (COVI0-19);b. !S5ç noì accounled Tor in the brldget mosl recently approved as of Merc{l 27, ¿O¿ûì

andc, Were incurred durhrg the period thst begins on March 1, lt20, ¡nd e¡ds on Octob€r

31, 2020.

5. I undersland the use of fi¡nds purruant to this cenification must adhere to offícialfederal guidance issued or to bç issued on rvhat const¡tutes a neçessary expenditure,We have revicwed the guidance est¡blished by U,S. Department of th€ Treasuryl anrlcerti{y cgsts m€et ths reqolred guldance. Any iunds expended by the Local Governmèntor ¡ts subcontractor(sf in any nranner thät does not aclhere to official federal guldanceshall be return€d to th€ Stðte of Washington.

State of WashingtonDopartm€nt of Commerce

lnteregency Agrê€mênt

Att¡chmcnt C

LnC'rU. C{}rEÈtSiE.. T C I'Ri.tl¡,1 VfIl.iJ¡i RELIgf FI-íl\tì¡j /_'[Í]. ru¡tf.\ t tr rivPtge Ioi 2

6. I understand the Local Governm€nt receìving funds pursuant to this certification shallretain documentation of all uses of the funds, includlng but not limited to invoicesand/or sales receipts in a manner consistent with S200,g33 nercndon rcquìrements forrecords of 2 cFR Part 200 lJniþrm Adminìsùat¡ve Requircments, cost princìples, ondAudit fraqtírements for Federal Awords (Uniform Guidance), Such documentation shallbe produced to commercê upon rsquest rnd rnay be subject to audit by the ståteAuditor.

7- I underst¡nd any funds provided pursuånt to this certification cðnnot be used es ãrevenue replacement for lower than expected lax or otàer revenue collectíons.

8, I understand funds received pursu{¡nt þo thís ce*ificatlon cãnnot be used forexpenditures for ulhich the Local Governrnent has received any other emergeîcy CoVlÐ-19 supplemental funding (whetlì€r st€te, federal or private in naturel for that sarneexpens9,

I certafy lhat I h¡ve re¡d the above certificatio'n artd my itatement¡ contained here¡n are trueand correct to the best of my knowled¡e,

Printed Name

T¡tIE

Signature

Date;

Appmvadrtolbnnqúytp

Clal¡am

AUa-c¿-Attomüy

Slatc of WaehingtonDepertmcnt of Commefc€

V¡rcion 072019Pegc 14

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lntorrgcncy Agreemcnt

Attachment D

CAF A-1{l Aclivity fftporì,NSTRI-,trTION5

f,ISIRUCIIONS:

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l'llurr'e are tì prilìr,il', lrurJg.it ü.Íe{r}rtesI ?,1¿drr:¿l É,xpcnses2 PubÈ,: F{Èðfh Ë{gslses.l Fqr'r¡ll ¿¡.pË{t$¿s l0r e,ulrl¡r: tnlg&}t ê'' rì daù; aerJ u r}lVlÐ. I g¡ Ê(F|rrsê$ t¡'f¡4dtÈ {,rctF¡.¡r¡ce,rü.1 ÇÇlll}-lgnri¡eur¿s5 €crnrrrrt:.ùfp.xBtì ilhsr ttltrlCl.f g :qr¿irse5

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Statê of WashlngtonDepartment of Commerce

Version 072019Page l5

Interagcncy Agre6ment

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ATTACHMENT B

WASHINGTON STATE DEPARTMENT OF COMMERCECORONAVIRUS RELIEF FUNDS FOR

LOCAL GOVERNMENTS PROGRAM GUIDELTNESDATED 5-18-2020

8


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lVashrngtcn StateDepartrnent of(,ommerce

CoronavirusRelief Funds forLocal GovernmentsProgram Guidelines

CARES Act Funds for Local GovernmentsIn Washington State

Administered by the Department of CommerceLocal Government Division

P.O. Box 42525Olympia, WA 98504-2525

(Doted 5-1"8-2020)

Gontact lnformation

Mailinq / Street Address:

Washington State Department of CommerceLocal Government DivisionPO Box 425251011 Plum Street SEOlympia, WA 98504-2525

Program Leadership:

Tony HansonDeputy Assistant DirectorCommunity Capital Facilities Unit360-725-3005Tonv. Ha nson @com merce.wa. qov

Commerce Leadership:

Lisa Brown, Ph.DDirector

Tina HochwenderManaging DirectorCommunity Assistance and Research Unit360-725-3087Tina.Hochwen merce.wa.qov

Mark BarkleyAssistant DirectorLocal Government Division

This publication is available in an alternative format upon request. Events sponsored byCommerce are accessible to persons with disabilities. Accommodations may be ananged witha minimum of 10 working days' notice by calling 360-725-3087

Goronavirus Relief Funds (CRF) for Local GovernmentsProgram Guidelines

TABLE OF CONTENTS

General lnformation

1. Source of Funds......

2. Allocation Formula .. ...

3. Period of Performance

4. lntended Use.

5. Eligible Costs

6. lneligible Costs

7. Eligible Cost Test .......

8. Cost Reimbursements

Process & Procedure to Obtain Funds

1. Award Letter.

2. Working Papers

3. Contract ...,

4. Reimbursement Requests.....

5. A-19 Certification and Activity Report

1

1

1

1

1

2

4

4

5

7

7

7

7

II

General lnformation7. Source of Funds

You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds areavailable under section 601(a) of the Social Security Act, as added by section 5001 of the CoronavirusAid, Relief, and Economic Security Act ("CARES Act').

Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by theU.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management(oFM).

On April 27,2020 Governor lnslee announced the award of nearly $300 million to local governments inCRF from the state's allocation of the CARES Act funding.

2. Allocation Formula

OFM developed the allocation methodology and determined the jurisdiction amounts. The allocationswere based on 2019 population estimates for each jurisdiction.

Funds will be provided to cities and counties with populations under 500,000 that were ineligible toreceive direct funding under the CARES Act. Each county will receive a minimum dlstribution of$250,000 and each city will receive a minimum distribution of $25,000.

Cities and counties with populations over 500,000 did not receive a direct allocation from the state.lnstead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, KingCo., Pierce Co., Snohomish Co., etc.).

For a complete list of cities and counties and their allocations, click here.

3. Period of Pertormance

The Coronavirus Relief Funds may only be used for costs incurred by local governments in response tothe COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020.

The US Treasurv's Guidance provides an end date of December 30,2020. This is the end date in whichthe state must have reimbursed all "recipients of the funds" (grantees) their costs incurred in response tothe COVID-19 emergency. ln order to allow time for Commerce to process final payments and conductcontract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures areonly being accepted on costs incurred through October 31,2020.

All final reguesfs for reimbursement must be submitted no later than November 15, 2020.

4. Intended Use

Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that:

1. Are necessary expenditures incurred due to the public health emergency with respect to theCoronavirus Disease 2019 (COVID-19); AND

2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the dateof enactment of the CARES Act) for the State or local government. The "most recently

L

approved" budget refers to the enacted budget for the relevant fiscal period for the particulargovernment. A cost meets this requirement if:

a) The cost cannot lawfully be funded using a line item, allotment, or allocation within thatbudget; OR

b) The cost is for a substantially different use from any expected use of funds in such aline item, allotment, or allocation.

3. A cost is not considered to have been accounted for in a budget merely because it could bemet using a budgetary stabilization fund, rainy day fund, or similar reserve account.

Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would notothenruise qualify under the statute. Although a broad range of uses is allowed, revenue replacement isnot a permissible use of Fund payments.

The use of these funds are very broad and flexible, and can be used for both operating and capitalexpenditures.

lf funds are being used for capital expenditures such as acquisition of real property or construction /renovation costs, please contact us immediately. We will provide you with further information andguidance. Utilizing CRF for these purposes will require additional Federal and state provisions beingapplied to the project such as:

All projects must be reviewed under a Federal Section 106 review for archaeological andcultural resources if the project: acquires property, disturbs ground, and/or involvesstructures more than 50 years old. Grantees must submit documentation to the projectmanager when the review is complete. Section 106 supersedes the Governor's ExecutiveOrder 05-05 review.

a

Construction / renovation projects may be required to meet high-performance buildingstandards and document they have entered the state's LEED certification process.

Construction / renovation projects will be required to follow Federal Davis Bacon and stateprevailing wage laws, rules, and regulations.

Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limitedtimeframe of March 1,2020 thru October 31,2020.

5. Eligible cosfs

There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub-categories are as follows:

1. Medical expenses such as:

. COVID-19-related expenses of public hospitals, clinics, and similar facilities.

. Expenses of establishing temporary public medicalfacilities and other measures toincrease COVID-19 treatment capacity, including related construction costs.

. Costs of providing COVID-19 testing, including serological testing.o Emergency medical response expenses, including emergency medical

transportation, related to COVID-1 9.

a

a

2

a Expenses for establishing and operating public telemedicine capabilities forCOVI D- 1 9-related treatment.


. Expenses for communication and enforcement by State, territorial, local, andTribal governments of public health orders related to COVID-19.

. Expenses for acquisition and distribution of medical and protective supplies, includingsanitizing products and personal protective equipment, for medical personnel, policeofficers, socialworkers, child protection services, and child welfare officers, directservice providers for older adults and individuals with disabilities in communitysettings, and other public health or safety workers in connection with the COVID-19public health emergency.

. Expenses for disinfection of public areas and other facilities, e.9., nursing homes, inresponse to the COVID-19 public health emergency.

. Expenses for technical assistance to local authorities or other entities onmitigation of COVID-19-related threats to public health and safety.

. Expenses for public safety measures undertaken in response to COVID-19.

. Expenses for quarantining individuals.

3. Payroll expenses for public safety, public health, health care, human services, and similaremployees whose services are substantially dedicated to mitigating or responding to theCOVID-19 public health emergency.

4. Expenses of actions to facilitate compliance with COVID-1g-related public healthmeasures, such as:

. Expenses for food delivery to residents, including, for example, senior citizens andother vulnerable populations, to enable compliance with COVID-19 public healthprecautions.

. Expenses to facilitate distance learning, including technological improvements, inconnection with school closings to enable compliance with COVID-19 precautions.

. Expenses to improve telework capabilities for public employees to enablecompliance with COVID-19 public health precautions.

. Expenses of providing paid sick and paid family and medical leave to publicemployees to enable compliance with COVID-19 public health precautions.

. COVID-19-related expenses of maintaining state prisons and county jails, including asrelates to sanitation and improvement of social distancing measures, to enablecompliance with COVID-19 public health precautions.

. Expenses for care for homeless populations provided to mitigate COVID-19effects and enable compliance with COVID-19 public health precautions.

5. Expenses associated with the provision of economic support in connection with theCOVID-19 public health emergency, such as:

. Expenditures related to the provision of grants to small businesses to reimburse thecosts of business interruption caused by required closures.

. Expenditures related to a state, territorial, local, or Tribal government payrollsupport program.

o Unemployment insurance costs related to the COVID-19 public health emergencyif such costs will not be reimbursed by the federal government pursuant to theCARES Act or otherwise.

3

6. Any other COVID-1g-related expenses reasonably necessary to the function of governmentthat satisfy the Fund's eligibility criteria.

6. lneligible cosfs

Non-allowable expenditures include, but are not limited to:

1. Expenses for the state share of Medicaid.

2. Damages covered by insurance.

3. Payroll or benefits expenses for employees whose work duties are not substantially dedicatedto mitigating or responding to the COVID-19 public health emergency.

4. Expenses that have been or will be reimbursed under any federal program, such as thereimbursement by the federal government pursuant to the CARES Act of contributions bystates to state unemployment funds.

5. Reimbursement to donors for donated items or services.

6. WorKorce bonuses other than hazard pay or overtime.

7. Severance pay.

8. Legalsettlements.

7. Eligible cosú úesú

Grantees are charged with determining whether or not an expense is eligible based on the US Treasury'sGuidance and as provided in the grantee's contract scope of work with Commerce.

To assist grantees with this determination, Commerce has developed an eligibility cost test. This testgives each grantee full authority to make the appropriate call for each circumstance.

TEST - lf all responses for the particular incurred cost are "true" for all five statements below, then ajurisdiction can feel confident the cost is eligible:

1. The expense is connected to the COVID-19 emergency.

2. The expense is "necessary".

3. The expense is not filling a short fall in government revenues.

4. The expense is not funded thru another budget line item, allotment or allocation, as of March27,2020.

5. The expense wouldn't exist without COVID-19 OR would be for a "substantially different"purpose.

It is the responsibility of each grantee to define "necessary" or "substantially different", giving thegrantee the authority and flexibility to make their own determination.

Additional consideration - The intent of these funds is to help jurisdictions cover the immediateimpacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities.There are many possible eligible costs.

Many costs are clearly eligible and others are in more of a grey area. One could probably justify some ofthe "grey area" costs based on the test, but are they directly addressing lhe immediate impacts? Possiblynot. ln these situations it may be safer and more appropriate to utilize the funds in one of the many othereligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the fullauthority to make the final call based on their circumstances and justification.

4

8. Cosú reimbursement

Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances.lf funds are being used for the acquisition of real property or construction / renovation costs, pleasecontact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may onlyreimburse grantees for eligible costs incurred in response to the COVID-19 public health emergencyduring the period of March 1,2020 thru October 31,2020.

Final Date of Reimbursements

ln order to ensure all awardees and their costs incurred in response to the COVID-19emergency are paid out by December 30,2020 per the US Treasury's Guidance,

expenditures are only being accepted on costs incurred through October 31,2020.

All fínal reguesfs for reimbursement must be submitted no later than November 15, 2020.

Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will havethe discretion and flexibility to determine where these funds may best serve their communities.

Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes,expenditures must be tracked at the sub-category level for the six (6) primary eligible cost categories, asfollows:

1. Medical ExpensesA. Public hospitals, clinics, and similar facilitiesB. Temporary public medicalfacilities & increased capacityC. COVID-19 testing, including serological testingD. Emergency medical response expensesE. TelemedicinecapabilitiesF. Other

2. Public Health ExpensesA. Communication and enforcement of public health measuresB. Medical and protective supplies, including sanitation and PPEC. Disinfecting public areas and other facilitiesD. Technical assistance on COVID-19 threat mitigationE. Public safety measures undertakenF. Quarantining individualsG. Other

3. Payroll expenses for public employees dedicated to COVID-19A. Public SafetyB. Public HealthC. Health CareD. Human ServicesE. EconomicDevelopmentF. Other

4. Expenses to facilitate compliance with COVID-19 measuresA. Food access and delivery to residentsB. Distance learning tied to school closingsC. Telework capabilities of public employees

5

D. Paid sick and paid family and medical leave to public employeesE. COVID-1g-related expenses in county jailsF. Care and mitigation services for homeless populationsG. Other

5. Economic SupportsA. Small Business Grants for business interruptionsB. Payroll Support ProgramsC. Other

6. Other COVID-19 Expenses

No receipts or proof of payment for costs incurred will be required to be submitted to Commerce.Grantees are still required to maintain sufficient accounting records in accordance with state and federallaws. Monitoring visits may be scheduled.

6

Process and Procedure to Obtain Funds

1. Award Letter

Commerce strives to administer funds expediently and with a minimum of red tape. We do so within thepolicies and procedures established by the US Treasury and state's Legislature, OFM, Commerce, andthe Office of the Attorney General. Prior to receiving funds, a contract will need to be executed withCommerce.

Award letters with instructions to initiate the contracting process will be emailed to each city and countyreceiving an allocation by no later than May 22nd. Emails to cities will be sent to mayors and any othercontacts obtained with the assistance of the Association of Washington Cities. Emails to counties will besent to the county commissioners and any other contacts obtained with the assistance of the WashingtonState Association of Counties.

lncluded with the award letter will be:

. CRF Program Guidelines

. A draft contract template for review and to initiate the public process for authorization toexecute once the final contract is available for execution

o Working Papers

2. Working papers

Your grant award packet includes Working Papers. The Working Papers ask for basic informationneeded to create a contract:

. Contact information for the person who will administer the grant once the contract issigned. Grant documents and correspondence will be sent to this person.

. Your Statewide Vendor Number (SWV#)

r Your Federal lndirect Rate. Your fiscal year end dater Name and title for the person authorized by the jurisdiction to sign the contract

Please complete and return the Working Papers to the Commerce project manager identified in the awardletter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your projectmanager will manage your contract until project completion. Feel free to give us a call if you have anyquestions as you fill out the form (see contact information on previous page).

3. Contract

Once the completed Working Papers have been received by the Commerce project manager identified inthe award letter, a contract will be prepared and sent to you for signature. Have the authorizedrepresentative sign the contract and then return a scanned pdf copy to your project manager. Then theproject manager will route the contract for Commerce's signature. lt generally takes two to four weeks tofully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdfcopy emailed to the jurisdiction and you will have access to your funds.

Commerce is working to make the contracting process as quick and easy as possible.

7

4. Reimbursements

This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contractis executed. All grantees are required to set up a SWV number so funds may be sent electronically.Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month aslong as you have incurred documented eligible costs in response to the COVID-19 public healthemergency during the period of March 1, 2020 thru October 31, 2020. All final requests forreimbursement must be submitted no later than November 15. 2020.

Commerce has moved to electronic vouchering through their Contracts Management System (CMS)Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System byan individual authorized by the Grantee's organization. Online electronic vouchering provides forgrantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A-19 portal, may request an A-19 form from their Commerce project manager.

Access to CMS is available through the Secure Access Washington (SAW) portal. You will need tocreate a SAW account if you do not already have one. Please find detailed instructions here: Office ofFinancial Manaqement. lt may take up to three weeks after you submit this information for an electronictransfer account to be set up. We will automatically receive your SWV number from the office that setsthem up.

Once logged into SAW, add the Department of Commerce to your'services' and submit an Online A-19External User Request form. Then Commerce will add you as a new external user in CMS; and the CMSsystem will generate and email a registration code to you to complete the CMS registration.

For additional grantee support, refer to the Commerce Online A-19 Webpaqe for External Users, whichincludes SAW resources and the CMS manualfor external users.

The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budgetcategory and the total reportable eligible expenses in response to the COVID-19 public healthemergency. Accompanying with each voucher must be an executed A-19 certification and A-19 activityreport. lncomplete or improperly prepared submissions may result in payment delays. After receipt andacceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursementswithin 7-10 days.

No receipts or proof of payment for costs incurred will be required to be submitted toCommerce. Grantees are still required to maintain sufficient accounting records in accordancewith state and federal laws; and are responsible for maintaining clear and accurate program

records, and making them accessible to Commerce and the State Auditor.

Monitoring vlsiús may be scheduled.


ln order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include

1. A completed A-19 Certification:. An individual authorized to execute on behalf of the local government must certify by

signing this document under penalty of perjury that the items and costs listed hereinand on the accompanying Commerce A-19 Voucher are eligible charges for necessaryexpenditures incurred due to the COVID-19 public health emergency that were notpreviously accounted for in the most recent approved budget as of March 27,2020,

8

and that the funds were used in accordance with section 601(a) of the Social SecurityAct, as added by section 5001 of the Coronavirus Aid, Relief, and Economic SecurityAct ("CARES Act').

2. A completed A-19 Activity Report (instructions included in document):. Must be submitted as an Excel spreadsheet, not a PDF.. lnclude a detailed breakdown of the individual eligible expenditures reported by each

sub-category of the six (6) primary budget categories. Each primary budget categoryincludes sub-categories and provides an option to add "other" sub-categories.

. lnclude the total amount of all previous reimbursement requests for each applicablesub-category.

. lnclude the total amount of funds being requested in the current reimbursementrequest for each applicable sub-category.

o lnclude a brief description of the use of the funds being requested for each applicablesub-category. Keep descriptions as concise as possible, but include adequate contextto demonstrate how these funds addressed the COVID-19 emergency. lf applicable,please consider:

o Providing a brief description of the specific activities performed.

o ldentifying specific populations served.

o ldentifying specific programs created or utilized.

o lncluding any known or intended outcomes, results, or community impacts.

A certification and activity report must be completed and returned with each reimbursement voucher

After the contract is executed, you will receive additional instructions on how to submitelectronic reimbursement requests with the A-19 certification and A-19 activity report.

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ATTACHMENT C

SCOPE OF WORK

The Board of Commissioners is directing up to $30,000 of business economic support to theRecipient using Federal CARES funding to reimburse incremental costs of the Recipientincurred relating to expanding its dry and cold food storage capacity of its food bank to meet theincreased food assistance demands experienced during the COVID-19 public health emergency.These funds must be fully distributed by October 31,2020. Reimbursable expenses under thegrant must meet the eligibility criteria outlined below.

1. Eligible Expenses:

Funds will be available to reimburse eligible operating costs incurred by the Recipient fromMarch l, 2020 thru October 3l , 2020.

These costs may include:

Lease payments covering the time period August-October 2020 for the new facility theRecipient will be securing to expand its facility storage capacity needed during the COVID-19 emergency and enable the Recipient to provide a more traditional shopper/clientexperience while also meeting social distancing requirements of the COVID-19emergency;

Cost of renting additional cold storage containers needed to store additional food aidreceived by the Recipient during the COVID-19 emergency;

Additional staffing costs incurred as a result of the Recipient transitioning its food deliverymodel from a client/shopping experience to an outdoor pick-up model during the COVID-l9 emergency.

Other COVID-I9 related operating costs incurred during the COVID-I9 public healthemergency.

The Recipient MAY NOT use the funding for the following activities:

o Any expense that would not be considered an eligible business expense by IRS rules.. Politicalcontributions.¡ Bonuses to management or employees.o Charitablecontributionso Gifts or parties. Pay down or pay off debt by more than required in underlying debt instrument. Funding of capital expenditures relating to acquisition of real property, tenant

improvements or land improvements.

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2. Program Funding and Award Amount

The County shall make $30,000 of CARES funds available to the program that will be paid tothe Recipient on a reimbursement basis.

All funds are to be disbursed no later than October 31,2020.

3. Reimbursement Process:

The funding will be provided via reimbursement to the Recipient upon its submission to theCounty of expenditure details, invoices, and other supporting materials supporting its use ineligible activities. The Recipient may only submit one request for Reimbursement per month.

This shall ensure the eligibility of the expenditures consistent with the applicationrequirements prior to payment.

t0


\o"AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)

DepaÉment: Finance

woRK sEssIoN x Meeting Date:

REGULAR AGENDA x Meeting Date:


oslLol2o2o

08lL8l2O2O

Item summary:n Catl for Hearing X Contract/Agreement/MOU - Contract #

n Resolution n Proclamation n Budget Item

n Drat Ordinance ! f¡nal Ordinance f] Otner Monthly Review

Documents exempt from public disclosure attached: !

CARES SUBRECTPIENT AGREEMENTS-SEQUTM FOOD BANK FOR PROVTSTON OF FOODSTORAGE COVID.l9 FINANCIAT ASSISTANCE:

BACKGROUND

During the BOCC Work Session held on June 15, 2020, several work groups assigned to identifyingpotential COVID-related needs in the County presented their recommendatÍons, including the area offood security. Clea Rome, Director of WSU Extension Office for Clallam County, who led the taskgroup assigned to assessing needs in this area including representatives from Poft Angeles Food Bankand Sequim Food Bank, requested that the County allocate a portion of the $4.18 million of CARESAct Funding allocated to the County through the WA State Depaftment of Commerce to provide grantfunding assistance to the local food banks, including Sequim Food Bank and Port Angeles Food BanÇwhose operations (including food delivery to clients, food storage and food transportation) have beenimpacted due to the COVID-l9 public health emergency and related Governor proclamations. Theseimpacts include:

. Since March 2020 when the COVID-l9 emergency began, the number of households seekingfood assistance from Sequim Food Bank and Port Angeles Food Bank have increased by morethan 115olo and 760/o, respectively, during the COVID-19 emergency;

¡ As a result of the increased demand for food assistance duríng the COVID-19 emergencydriven by more households in Clallam County experiencing financial hardship due to jobloss/layoff, reduction in work hours, illness or other circumstances related to the COVID-l9emergency, these two Food Banks have experienced a significant expansion of food aidcoming into Clallam County from other food assistance agencies, including USDA, WSDA andFood Lifeline. This increased supply of food has ovenryhelmed the existing storage space ofSequim Food Bank, Port Angeles Food Bank and other in-county partner food pantries,pafticularly as it relates to cold storage space;

* Work Session Meeting - Submit 1 single sided/not stapled copy Agenda ltem Summary -CARES Grant Ass¡stance Agreement-SequimFoodbank 08052020** Regular Meeting - Submit 1 s¡ngle sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019

Questions? Call Loni Gores, Clerk ofthe Board, exl2256

a

a

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In order to avoid turning away the additional food aid being provided to Sequim Food Bankdue to lack of cold storage space, Sequim Food Bank rented and then subsequently purchaseda permanent 20 foot cold storage container and wíll also be renting another 20 foot coldstorage container in the interim until Poft Angeles Food Bank, which serues as theredistribution organization for all food banks in the region, expands its food storage capacityat its new facility.Poft Angeles Food Bank has also incurred similar costs in securing more food storage capacityto deal with increased food assistance needs in the County during the COVID-l9 emergenry,including pursuing entering into a lease for a much larger facility that will provide greatlyexpanded storage capacity, as well as provide it the means to return its food delivery model toa traditional client/shopper experience which its current facility is incapable of doing due tosocial distancing requirements under the COVID-19 emergency.These additional food storage costs for both food banks, along with higher staffing costsincurred by Port Angeles Food Bank due to the operational impact of the social distancingrequirements during the COVID-l9 emergency on its food delivery model (from an in-storemodel to an outdoor drive-thru model), have placed an unanticipated financial burden that thefood banks are requesting assistance in funding.

Based on the financial impact of these food storage issues, the Commissioners in a follow up worksession held on June 22,2020 agreed to allot $60,000 of CARES Act funding to fund food storagefinancial assistance, with $30,000 allotted to Sequim Food Bank and $30,000 allotted to Port AngelesFood Bank.

As provided in Attachment B "Coronavirus Relief Funds for Local Governments Program Guidelines" inthe section entitled "Eligible Costs", CARES funding is allowed for the form of assistance beingprovided to the food banks under the cost category "Expenses associated with the provision ofeconomic support." As such, we believe the provision of thís CARES funded-assistance to the foodbanks in support of its increased operating costs, including increasing their food storage capacity tohandle the increase in food aid coming to the County during the COVID-19 emergency is a fullyeligible use of CARES funding provided to the County and believe these costs satísfi7 the cost eligibilitytests outlined by WA State Department of Commerce in Attachment B.

In consultation with Sequim Food Bank, Clea Rome, and the Prosecuting Attorney's Civil Division, wehave prepared the attached CARES Funding Grant Assistance Agreement for BOCC review andapproval to provide $30,000 of CARES assistance to Sequim Food Bank to help fund the additionalfood storage costs incurred during the COVID-19 emergency.

SEQUIM FOOD BANK CARES FUNDING GRANT ASSISTANCE AGREEMENT

Using a CARES Subrecipient Agreement template developed by Kitsap County and modiñ7ing it to be adirect grant assistance agreement, we have prepared the attached agreement to provide financialassistance to Sequim Food Bank. The grant award of $30,000 may be used to reimburse SequimFood Bank for additional cold storage costs incurred during the COVID-l9 emergency as laid out inAttachment C of the agreement. Funds will be disbursed to Sequim Food Bank on a reimbursementbasis through October 31s based on monthly submissions of a reimbursement invoice and supportingdocumentation for the reimbursement amount being requested (including copies of invoices,accounting records, and other materials).

* Work Session Meet¡ng - Submit 1 single sided/not stapled copy Agenda ltem Summary --CARES Grant Assistance Agreement-SequimFoodbank 08052020*x Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019

Questions? Call Loni Gores, Clerk of the Board, ext2256

BUdgetary 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 ¡s 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? n

As the cost of this CAREs grant assistance agreement will be reimbursable to the General Fund by theCARES Act funding allotted to the County, there should be no net cash flow impact to the County.

ReCOmmgndgd aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)

We request the Commissioner's feedback and approval to proceed in submitting this agreement forapproval during the next BOCC meeting

County Official signature & print name: ark Lan A

NameofEmployee/stakeholderattendingmeet¡ng:-MarkLane-

Relevant Depaftments: _Fina nce, BOCC

Date submitted:

August 5,2020

* Work Session Meeting - Submit 1 single sided/not stapled copy Agenda ltem Summary --CARES Grant Assistance Agreement--SequimFoodbank 08052020** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies) Revised: 3-04-2019


a1 tao.o t{CARES FUNDING GRANT ASSISTANCE AGREEMENT

This CARES Grant Assistance Agreement ("Agreement") is dated as of the _ day of2020, by and between Clallam County, a Washington political subdivision

("County"), and Sequim Food Bank, a Washington state non-profit 501(c )(3) organization("Recipient").

WHEREAS, Washington State has allocated to the County federal stimulus funding ("CARESFunds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of theCoronavirus Aid, Relief, and Economic Security Act and Section V and VI of the CARES Act("CARES Act") for the limited pulposes identified in the Interagency Agreement between theWashington State Department of Commerce and Clallam County ("IGA"), identified as

Attachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines('oProgram Guidelines"), identified as Attachment B. Attachments A and B are attached heretoand incorporated herein by this reference.

WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State forcertain costs incurred in response to the COVID-19 public health emergency during the period ofMarch 1,2020 through October 31,2020, which may include reimbursement of expendituresincurred to respond directly to the emergency, including expenditures incurred to respond tosecond-order effects of the emergency, such as providing economic support to thoseorganizations and businesses negatively impacted by the COVID-l9 emergency.

WHEREAS, all requests submitted by the County to the State for reimbursement must be forexpenses that are l) connected to the COVID-I9 emergency; 2) necessary expenses, 3) notfilling a short fall in govemment revenues, 4) not funded thru another budget line item, allotmentor allocation, as of March27,2020, and 5) would not exist without COVID-19 or would be for asubstantially different purpose as provided in the IGA and Program Guidelines (collectively"Reimbursements").

WHEREAS, the Recipient during the COVID-l9 public health emergency has experienced adramatic increase in Clallam County households seeking food assistance during the COVID-l9public health emergency as a result of job loss, reduction in work hours and other financialhardships incurred due to business closures and layoffs following the Governor's Proclamation20-05 and subsequent COVlD-l9-related proclamations. Notable impacts of the COVID-l9emergency on the Recipient's food bank services include:

o Since March 2020 when the COVID-l9 emergency began, the number of householdsseeking food assistance from the Recipient increased by more than ll5% during theCOVID-19 emergency;

o With Clallam County unemployment rising to 18.8% in April, 16.5% in May and 10.9o/o

in June, and the COVID emergency-related delays in allowing further phased re-openingsof non-essential businesses in Clallam County hindering employment recovery, theRecipient expects this increased demand for food assistance from financially impactedClallam County households to continue through the COVID-I9 emergency;

o As a result of the increased demand for food assistance during the COVID-19 emergency,the Recipient has experienced a significant expansion of food aid coming into Clallam

I


o

County from other food assistance agencies, including USDA, WSDA and Food Lifeline.This increased supply of food has overwhelmed the existing storage space of theRecipient, particularly cold storage space;In order to avoid turning away the additional food aid being provided to the Recipientdue to lack of cold storage space, the Recipient rented and then subsequently purchased apermanent 20 foot cold storage container and will also be renting another 20 foot coldstorage container in the interim until its other food bank partner in Clallam Countyexpands its food storage capacity at its new facility.As the costs of this additional cold storage space was not budgeted for by the Recipient, ithas created an unanticipated financial burden that the Recipient is requesting assistance infunding.

WHEREAS, the County believes the provision of economic support to the Recipient is necessaryand appropriate given the Recipient's critical role in providing food security services to meet theincreased demand for food aid from vulnerable residents of Clallam County who have beenfrnancially impacted by the COVID-l9 emergency, the necessity of acquiring additional foodstorage space to enable the Recipient to meet the increased need for food assistance in ClallamCounty during the COVID-l9 emergency, and that such assistance represents an eligible use ofCARES Funds with such allocation of funds being consistent with the Reimbursementrequirements;

V/HEREAS, the County and Recipient desire to enter into this Agreement so that the Countymay seek CARES Funds for appropriate and qualifuing Reimbursements of grant fundsreimbursed to the Recipient by the County for provision of economic support under the IGA andProgram Guidelines.



CARES Funds. The County agrees to provide the Recipient a total sum not to exceed$30,000 on a reimbursement basis for eligible costs incurred during the COVID-l9public health emergency during the period of March 17, 2020 through October 31,2020based on eligibility criteria outlined in Attachment C.

Ineligible Costs. Non-allowable costs include, without limitation, the following: a)expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll orbenefits expenses for public employees whose work duties are not substantially dedicatedto mitigating or responding to the COVID-I9 public health emergency; d) expenses thathave been or will be reimbursed under any federal program, such as the reimbursementby the federal government pursuant to the CARES Act of contributions by states to stateunemployment funds; e) reimbursement to donors for donated items or services; f)

a

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2

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4

workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legalsettlements.

COVID-19 Reimbursement Request Support. To facilitate release of CARES funding tothe Recipient and the County's seeking reimbursement of CARES funding under theIGA, the Recipient will submit a detailed invoice in a form specified and approved by theCounty, on or before the 15th day of August, September, and October, detailing theeligible expenses incurred by the Recipient for which Reimbursement is being requested.Such schedule may be modified with the prior approval of the County. Failure to provideany of the required documentation may result in termination of the Agreement and in thewithholding and/or nonpayment of all remaining funds awarded to the Recipient by theCounty under the Agreement.

Termination. The County may terminate this Agreement, for convenience or otherwiseand for no consideration or damages, upon prior notice to the Recipient.

Independent Contractor. Each party under the Agreement shall be for all purposes anindependent contractor. Nothing contained herein will be deemed to create anassociation, a partnership, a joint venture, or a relationship of principal and agent, oremployer and employee between the parties. The Recipient shall not be, or be deemed tobe, or act or purport to act, as an employee, agent, or representative of the County for anypurpose.

Indemnification. The Recipient agrees to defend, indemnifu and hold the County, itsofficers, offtcials, employees, agents and volunteers harmless from and against any andall claims, injuries, damages, losses or expenses including without limitation personalinjury, bodily injury, sickness, disease, or death, or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of theRecipient, its officers, directors, employees, and/or agents relating to the Recipients'performance or failure to perform under this Agreement. The section shall survive theexpiration or termination of this Agreement.

Compliance with Laws. Guidelines. The Recipient shall comply with all federal, state,and local laws and all requirements (including certifications and audits) of the IGA andProgram Guidelines, to the extent applicable, when seeking Reimbursement.

Maintenance and Audit of Records. The Recipient shall maintain records, books,documents, and other materials relevant to its perforrnance under this Agreement. Theserecords shall be subject to inspection, review and audit by the County or its designee, theWashington State Auditor's Office and as required by the IGA and Program Guidelinesfor five (5) years following termination of this Agreement. If it is determined during thecourse of the audit that the Recipient was reimbursed for unallowable costs under thisAgreement or any, the Recipient agrees to promptly reimburse the County for suchpayments upon request.

5

6

7

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10.

11

12.

14.

15

16.

Conflict of Interest. The elected and appointed officials and employees of the parties shallnot have any personal interest, direct or indirect, which gives rise to a conflict of interest.

13. Time. Time is of the essence in this Agreement.

Survival. The provisions of this Agreement that by their sense and purpose shouldsurvive expiration or termination of the Agreement shall so survive. Those provisionsinclude without limitation Indemnification and Maintenance and Audit of Records.

Amendment. No amendment or modification to the Agreement will be effective withoutthe prior written consent of the authorized representatives of the parties.

Governing Law; Venue. The Agreement will be governed in all respects by the laws ofthe Washington State, both as to interpretation and performance, without regard toconflicts of law or choice of law provisions. Any action arising out of or in connectionwith the Agreement may be instituted and maintained only in a court of competentjurisdiction in Clallam County, Washington or as provided by RCW 36.01.050.

Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising,any right hereunder shall operate as a wavier thereof; nor shall any single or partialexercise by the County of any right hereunder preclude any other or further exercisethereof or the exercise of any other right. The remedies herein provided are cumulativeand not exclusive of any remedy available to the County at law or in equity.

4

Notices. Any notice desired or required to be given hereunder shall be in writing, and shallbe deemed received three (3) days after deposit with the U.S. Postal Service, postage fullyprepaid, certified mail, return receipt requested, and addressed to the party to which it isintended at its last known address, or to such other person or address as either party shalldesignate to the other from time to time in writing forwarded in like manner:

RecipientSequim Food BankAttn: Andra Smith, Executive DirectorPO Box 1453

Sequim, WA 98382

Clallam CountyAttn: Mark Lane223 E 4th St, Suite 4Port Angeles, WA 98362-3015

Improper Influence. Each party warrants that it did not and will not employ, retain, orcontract with any person or entity on a contingent compensation basis for the purpose ofseeking, obtaining, maintaining, or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferredwith a view towards obtaining, maintaining, or extending this Agreement.

17.


l8

r9

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the partieshereto and their respective successors.

Assignment. The Recipient shall not assign or transfer any of its interests in orobligations under this Agreement without the prior written consent of the County.

20. Entire Agreement. This Agreement constitutes the entire agreement between the Countyand the Recipient for the use of funds received under this Agreement and it supersedes allprior or contemporaneous communications and proposals, whether electronic, oral, orwritten between the parties with respect to this Agreement.

2T No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer anyright, action, or benefit in, to, or on the part of any person or entity that is not a party tothis Agreement. This provision shall not limit any obligation which either Party has to theWashington State Department of Commerce in connection with the use of CARES funds,including the obligations to provide access to records and cooperate with audits as

provided in this Agreement.

22. Severability. In the event that one or more provisions of this Agreement shall be determinedto be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and eflect and the invalidprovisions shall be deemed deleted.

23. Counterparts. This Agreement may be executed in one or more counterparts, any ofwhich shall be deemed an original but all of which together shall constitute one and thesame instrument.

Authorization. Each party signing below warrants to the other party, that they have thefull power and authority to execute this Agreement on behalf of the party for whom theysign.

24.

5


IN WITNESS WHEREOF, this Agreement is executed and shall become effective æ ofthe last date signed below.

DATED tni.StL day of 2020.

By,

Print Name: xJ ,S.^ +h .

Its: FXef t, {€ }>i,^pn;1"r"-

DATED this_day of 2024

APPROIrED AS TO FORM by DPA Alvarez August 4, 2020BOARD OF COUNTY COMMISSIONERSCLALLAM COUNTY, WASHINGTON

MARI( OZIAS, Chair



ATTEST:

L. Gores, Clerk ofthe Board

6


ATTACHMENT A

INTERAGENCY AGREEMENT BETWEENTHE V/ASHINGTON STATE DEPARTMENT OF COMMERCE AND

CLALLAM COUNTY

7


) Þ1 tl/'lsfìlnr.tlotl ijt;ll:t+

q-'- (r8iiilii-ril iå1,\{oF\tt

Interagency Agreemcnt wifü

Cldlam tounÇ

through

the Coronavirus Relief Fund for Local Governments

costs incurred due to the public health emergency with respect tothe coronavirus Disease 2019 (covlD-r9) during the period oftlanñ 1, 2020 thru October 31, ZOZO.

Start date: March 1,2020

For

TAELE OF CONTtrNTS

Spocirl Trrrr ¡rd Condltim¡

1.2.3.a.5.Ìt.T.8.9.

10.11.

Authority...Acknoudedgernent of FedEral Funding. . . .

Con$ect ft|anagemont ....,..,..........Compcnsatlon ......",,,.Expenses....lnclirect Coets.^,Billing Proædures and Payrnent..... "...Audit...Debarment.,

Order of Precedence.

Gclrnl Trrnt rr¡d Condltlonr

BcfïnítionsAll Witings Contained Herein,...AmondmentsAssignmcnt.Confrdantial ly an d Safegua rding of lnfonnation.....,......Copyright,ÐisputesGoveming Law and Venuelndcrnnification............,....,,Licensing, Accruditåtion and RcgistrationRecapture ..........Records MaintenanceSav*ngs......SeverabiläySubcontractingSurvivalTermination for CauseTcrmÍnation for Convenience.................,,..Termination Procedures

..1

.1,1.1,1.1

1

.2

.334

'1.

2.3.1.5.

7,8.o

1e.,l'1,

12.r3.'t4.15.16.17.18.19.24.

55s55ô667777777III8I

Atirchnent A, Scope of Worl¡Attrchmrnt B, Eudgrt 3 lnvolclng,,,,.Attrchmrnt C, A-ll Clllificrtlon.......,Atlrchmrnt D, A-{9 Activlty Rcport

10'.213l5

I

FACE SHEET

Washington State Departmeût of Commçrc€Local Government Division

Community Capital Facilities UnitCr¡ronRvirus Re lief Fund fr¡r Local Governments

Contract Number: 20-654 lC-00

l. Contractor

dallan County223 East 4th Street, Suite 4Port Angeles, Washington 98362-0389

2. Contractor Doing Business ,{s (optional)

3. Contractor Representative

Mark LaneClallam County Chief Financial Officer(360) [email protected] lallam.wa. us

4. COMMERCE Representativc

Katrina PerczProject Manager(360) 688:6127Fax 360-586-5880Kafrína,Perez@commerce. wa.gov

P.O. Box 42525I0l I Plum Street SEOlympia, \ryA 9EJ04-2525

5. Contract Àmount

$4,180,550.00

ó. Funding Source

Federal: X State: Other: N/A:

7. Start Date

March l,2020

8. End Ðate

Ocrober 3 l, 2020


$4,180,550.00

Federal Agency;


CFDA Number:

21.019

Indirect Rate (if applicable):

33.81V"

10- Tax ID #XXXXXXXXXXXXXX

11. swv#s1]lrv0000200-25

12. UBI#999999999

13. DUNS#

N/A

14. Contr¡ct Purpose

To provide funds for costs incu¡red due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID- l9)dudng the period of March 1,2020 thru October 31,2020. Fi¡al invoices must be received by November 15,2020.

15. Signing Statement

COMM¡iRCE, defined as the Department of Commerce, and the Contrâctor, as defined above, acknowledge and accept the terms ofthis Contract and Attachmert$ and have executed this Contract on the date below and warant they are authorize¿, to bind thei¡respectíve agencies. The rights and obligations o[ both partiss fo this Contract are governed by this Contract and the followingdocuments hereby ínco¡porated by reference: Attachment "A" - Scope of Work, Atfachment "B" - Budget & Invoicing, Attachment"C" - A- I 9 Certification, Attachment "D' * A- 19 Activity Report

FORCOMMERCE

Mark K. Director, Local Government Division

Date

APPROYED AS TO FORM ONLY BV ASSTSTÀ¡ÍTATTORNEY GENERAL O$.0I.2020.APPROVAL ON FTLE.

lI

SPECIAL TERMS ANÐ CONDITIONSINTERAGEÍ{CY AGREET¡IEiIT

FEDERAL FUNDS

I. AUTHORITY

COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the lnterlocalCooperation Aci thapter 39.34 RCW.

2. ACKT{OI,1'LEDGTIE¡IT OF FEDERAL FUND$

Funds under {he Contract are made available ar¡d gre subject to Section 601{a) of the Social SecurÍtyAct, as amended by section 500'l of the Coronavirus Ajd, Relief, and €conomii Security Act iCAR€SAct), and Title V and Vt of the CARES Act.

The Conkactor agrees that any publications (written, visual, or sound) but excluding press reieases,newsletlers, end issue analyses, issued by the contractor describing progrâms or projecis iunded in wholeor in part with federal funds under this Contract, shall contain the follcwing statementå:

"This project was supported by a grent åwarded by US Department of the Treasr.lry points ofview in this document are those of the author and do not necassarily represent the oficial positionor policies of the US Departmeni of the Treasury. Grant funds are administered by the LocalGovernrnent Coronarrirus Reiief Fund thru the Washington State Department of Commerôe."

3. COûITRACTTIA¡IAG€.rENT

The RcpË¡antativs fur each of the partias shall be responsible for and shall be the rontect person for allcomnunicstions and bilfings rcgar.ding the peformanoe of üris Con$âct.

The Representative for COMMÊRCE and their contact info¡mation arc idantified o¡ thc Face Sheet ofthÈ Contrsct,

Thc Rcprascntative for the Gontrector and their cont¡ct information are identified on the Face Sheet ofthis Contrecl

1. COÍ¡TPENSAT|O¡¡

COMMERCE shall pay an amount not to exceed the contract amount listad on the Face Sheet for thepcrformance of all things n€cessary for or incidental to the perlormance of work undsr this Gontract as setb¡th ¡n the Scope of Work (Attachment A).

5. E;XPEf{SES

Contractor shall raceive rsimburscmcnt for allowable expenses es ldentified in the Scope of Work(Attachment A) or as authorized in advanca by OOMMERCE as rsimbursable,

Travgl êxpenses may include airhre (economy or coach class only), other transportation expeñsês, endlodging and subsistence necessary during periods of raquired trEvel. Contractor shàll recelve còmpensationfor trave{ expensês at currant state travel reímbursement rales.

6. INDIRECT COSTS

Contractor shall provide their indirect cost rate that has boen negotialed between their entity and thc fcderalgovernment. lf no such rate exists a de minimis indirect cost rate oÍ 10o/o of modified total direct costs(MTDC)wíllbe used.

7. g'I.LING PROCËDURËS AND PAYMENT

COMMERCE shall reimburse the Cont¡actor for eligible Project.expenditures, up to the maximum payabteunder this Contract. When requesting reirnburscment for expenditures made, Contractor shall submit alllnvolce Vouchers and any required documentation electronícally through COMMERCE's ContractsManagement System (CMS), which is avaílable through the Secure Access WashÍngton (SAW) portal. lfthe Contractor has constraints preventing access to COMMERCE's onlinE A-19 portà|, a hard copy A-1glorm may be provided by the COMMËRCE Project Manager upon request.

Slate of WashlngtonDeparlment of Cornmerce

Version 072019Page I


State of Wash¡ngtonDepartrne nt of Cor¡mcrca

SPECIAL TËRiNS AND CONDITIONSlfllTERAGENcy AcREEilENT

FÊDERAL FUNDS

The voucher must be ¡ertified by an official of the contractor with authority to bind the contractor. The finalvoucher shail be submitted to ûbMMERCE no later than Noyember 15,2020.

COMMER0E will pay Contractor upon acceplance of services provided and receipt of properly completedinvoices, which shall be submitted to the Representative for cdun¡gRCg not mo,g oftån thàn monlhly.The invoices shall describe and document, to coMMERcE's saiisfaction, ¡neimbursable expenditures asset forth.und-er the Scope of Work (AttachmentÂ) and Budget & lnvoicing f¡ttãðrrmË"t ef tù invoice snattinclude the Contract Nr¡mber as stated on the Face Sheet.

Each voucher must be.accomp,anied by an A-19 .Certjfication (Attachment C) and A-1g Activity Report(Attachment D)' The A-19 Certificatlon must be certified uy an aùmorÞed party oî nE CoÃtiactor to certifyand aüest all expcnditures submiüed on the voucher ars'in compllance ti¡t¡r ilre unitcd stat". rreasuryCoronavírus Relíef Fund {"Fund") Guidance for Stats, Tenitoriai, L'àcal, and Tribal Govemmånts:

T¡." .f-l I Activity Report must be submitted which describes, in Excet spreadsheet and narative form, adetailed breakdown of lhe expenditures within each applicabte budg¿i *u-äãËg".y identified ¡n thãvoucher, as well as a. r€po¡ of expcnditures to date. COMMERCE-*iil not reteãse payment for anyreimbursement rcquêst received unliss end until the A-1 I Certification and A-1g Aõt¡vlty nåpärt is receívedAfler approving the Invoice Voucher. A-19 Certificatlon and Activig Refort, cOnrrrlÈ'CCÉ.¡ål¡ À*üpg'remit a warrânt to the Contractor.

Payment shall be considared timely if nade by COMMERCE within thirty (30) catendar days afrer receiptof properly completed invoices. Payment shall be ssnt to the address aeå¡jnaiel ty iñe contractor.CoMMERCE rnay, ín its soþ discretion, tarmlnate the Gontract or withhold paymcnts claimecl by theContractor hr services rendered if the Contractor fails to satisfactority compry wiln äny rerm or condilion ofthls Contract.

No payments in advanc_e_or in anticipation of servìces or supplies to be provided under this Agreement shâllbe made by COMIUIERCE.

Duollcation of Billed Costs

The Cont¡actor shall rrot bill COMMERCË for services performed under this Agreement, and COMMERCEshall not Bay the Contractor, if the Conhactor is entitled tö pâyment or has beei or will be paid by

"ny o1,"¡.

source, including grants, for that service.

Disallowed Costs

The Contractor is responsiþle for any audit exceptions or disallowed costs ¡ncured by its own organizationor that of its subcontractors.

Should the Contrãctor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwiseinappropriately, it is the responsibility of the contractor to reimburse Gommerc" ioi aày amount spent ondisallowed costs.

8. AUDIT

Contractor shall maintain internaf controls providing reasonable essurãnce it is managing federal awardsin compliance with laws, regulations, and provisioñs of contracts or grant agreementã that could have amaterial effect on each of íts_ federal programs, and prepare appropriãte fina"ncial statements, including aschedule of expenditures of federal awards.

lf the Contractor ís a subrecipient and expends $750,000 or more in federal awards from any and/or allsources in any fiscal year, the Contractor shall procure and pay for a single audit or a progråm-specificaudit for that fiscal year. upon completion of each audit, the coniractor shail:

Version 072019Fage 2

lnterâgency Agt€ement

SPECIAL TERMS AND CONDITIONSINTERAGEi¿C Y AGREEi,IENT

FEDERAL FUNDS

A Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.s01,reports required by the program-specific audit guide (if applicable), and a copy of any managementletters issued by the auditor.

B. Submit to COMMERCE foilow-up and deveioped corrective aciion plans for ail audit findings.

lf the Contractor is a subreoipient and expends less than $750,0û0 in lederal awa¡ds from any and/or ailsources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the singte auditrequiremeni.

The Contractor shall send all single audit documenlation to [email protected],

9. DESARTEI'¡T

A. Contractor, defined as the primary participant and it principals, certifies by signing these General Termsand Conditions that to the best ol its knowledge and belief that they:

i. Arc not presently debarred, suspended, proposed for debarment, declared ineligìble, orvoluntarlly excluded from covered lransactions by any Federaldepartment or egency.

ií Have not within a three-year period prec.eding this Contract, been convicted of or had a civiljudgment rendered against them for comrnission of fraud or a criminal oñense in conneciionwith obtainíng, attempting to obtain, or performing a public or prÍvate agreement or lransaction,violation ol Federal or Stete antitrust statutes or cornrnission of embezzþment, thefi, forgery,bribery, falsification or destruction of reôord.s, making false staternents, tax evaslon, receivingstolen property, nraking false claims, cl'obstruction of justice;

iit. Are not presently indicted for or otherwise crirninally or civilly charged by a govemmental entity(Federal, State, or local) with commission of any of the offuns€s enurnereted in paragr:aph(1Xb) of federal Executive Oder 12549; and

iv. Have not within a three-year period precedìng the signi'ng of this Contract had one or mûrepublic transactions (Federal, State, or local) lerminated for cause of defeult.

B. Where the Contractor is unable to certify to any of the ststements in this Contract, the Contractor shailâtta6h an explanation to this Gontract.

C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tiercovered transaction with a peßon who is debarred, suspended, declared ineligible, or voluntarilyexcluded from part¡cipation in this covered transâction, unless authorized by cOfvtMERCE.

D. The Contractor further agrees by signing this Contract that it will include the elause titled "CertificationRegarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier CoveredTransaction," as follows, without modification, in all lower tier covered transaciíons and in aflsolicitations for lower tier covered transactions:

LOWER TIER COVEREO TRANSACTIOi¡S

i. The lower tier Contractor ceriifies, by signing this Contract that neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared inelígìble, or voluntarílyexcluded from participation in this transaction by any Federal department or agency.

ii. Where the lower tier Contractor ís unable to certify to any of the statements ín this Coniract,such contrector shall attach an explanation to this Contract.

E. The terms covered transaction, debarred, sucpended, íneligible, lower tier covered transaction,petlon, primary covered transaction, prlneiprl, and yoluntarlly excluded, as used in this section,have the meanings set out in the Definitions ãnd Coverage sections of the rules implementing ExacutiveOrder 12549. You may contact COMMERCË for assistance in obtaining e copy of these regulations.

10, LAWS

The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and po{icies of local,stale, and lederal governments' as now or hereafter amended, including, but not limited to:

State of WashingtonOepartment of Commerce

Version 07201 g

Page 3

lnteragêncy Agre6ment

SPECIAL TEn'TI'IS Af{D CONDITIOTISINTËRAGEIICY AGRËEI ENT

FEÐERAL FUNDS

Unltgd $t¡tßr L¡w¡. Reuul¡tion¡ and Circul¡r¡ lFedonlìp1lragtor sf all comply witlr Unibrm Administrative Requirements, Cost Principtes, and Audit Requírernentfor Fedcral Awârd, 2 CFR 200, Subpart F - Audit Requirements,

Contractor shall cornply_ wit!-tlte applicable requirements of 2 CFR Part 200. inctuding any futureamendments to 2 CFR Part200, and any successor or replacement Ofiice of Managemen[andBudget{OMB) Circular or regulation.

contracfor shall comply with omnibus crime control and safe streets Act of 1968, Tit{e vl of the civÍl RightsAct of 1964, Section 50{. of the Rehabilitåtion Act of 1S73, Title ll of the Americans with Ðisabilitþs Aõt of199t, Title lX of the Education Amendments of 1972, The Age B,iscrirnination Ac.t of 1975, and TheOepartment of Justi.oe Non-DisoiminatÍon Regulations,2S G.F,R. Part42, Sr¡bparts C.Ð,E. and G, and 28C.F.R. Part 35 and 39.

1{. ORDEROFPREGEDEHGE

ln the event of an ínconsisùoncy in thìs Contragt, the inconsistency strall'be resolved by giving precedênèein the fo{lowing ordèr:

. Âpplicable federal and state of washington statutes and regulations

. Spæial Terms and Conditions

¡ Goneral Terrns and Conditlons

r Attachrnent A - Scope of Work

r AfiachrnentB-Budget& lnvoicing

¡ Attachrnent C - A-19 Certification

. Attachrn€nt D - A-19 Activity RepoÉ

State of WashingtonÐËpeÉm€nt of Commarce


lnt€râgðncy Agreement

GE!{ERAL TERñ¡iS AND CONDITIONSINTERAGENCY AGREENí€NT

FEDERAL FUNDS

1. DEFn¡tTtONS

As used throughout this Con{ract, the following terms shajl have the meaning set forth below;

A. "Authorized Representative" shall rnean the Director andlor lhe designee au$rorized in writing toact on the Direcltor's behå¡f.

B. "COMMERCE" shall mean the Department of Commerce,

C "Contracf' or "Agreernent" means the entire writte¡ agreement between COMMËRCE and theConlractor, íncluding any attachments, documents, or materials incorporated by reference. Ë-mailor facsirnile transmission of a signed copy of this contract sha{l be the sarne as delivery of anoríginal.

D. "Contractor" shall rnean the entity identified on the face sheet perfurming sarvice{s) under thisContract and shall includo all employees and agents of the Contractor.

E. "Personal lnformation' shall rnean informatjon identiffable to any person, incfuding, but not linritedto, informatíon thai relates to a person's narne, health, fÍnances, education, business, use or receiptof governmental servioes or other activities, addresses, telephone n'urnbers, social securitynumbers, driver iicense numbers, otheridenti$ing numbers, and any financial identifiers.

F. "State" shall mean the steta of Washington.

G, "Subcont¡acto¡'' shall mean one nct in the employment of the Contractor, who is perfonming all orpart of those services under this Cont¡'act i:nder a sepårate contrect with tihe Contractor- The terms"subcontractoi' and "subcont¡actols" mean subcontractor(s) ín any tier.

2. ALL WRITI¡IGS CONTAIÍ{ED HEREIN

This Contract conlaìns all the terms and conditions agreed upon by ttre parties- No otherunderstandings, oral or othen*ise, regarding the subject mattar of this Contrac.t shall be deemed toexisl or to bind any of the parties hereto.

3. ATENOMEilTS

This Contract may be amended by mutual agreement of the parties. Such amendments shall not bebinding unless they are in writing and signed by personnel authorized to bind each of the parties.

4. ASSIGNTÉNT

Neither this Co¡tract, work thereunder, nor âny cfaim arising undèr this Contract, shall be hansfenedor assigned by the Contractor without prior written consent of COMMERCE.

5. CONFIDEI{TIALITV Al'¡Ð SAFEGUARDING OF INFôRMATION

A. "Confidentíallnformation" as used in this section includes:

i. All material provided to the Contractor by COMMERCE that is desþnated as "confídential" byCOMMÊRCÊ;

ii. All material produced by the Contractor that is des¡gnated as "confidential" by COMMERCE;and

iii. All personal information ín the possession of the Contractor that may not be disclosed understate or federal law.

B, The Contractor shalf comply with all state and federal laws related to the use, sharing, transfer,sale, or disclosure of Confidential lnformation. The Contractor shall use Confidential lnformationsolely for the purposes of this Contract and shall not use, share, transfer, sell or disclose anyConfidential lnformation to any third parly except with the prior written consent of COMMERCE oras may be required by law. The Contractor shalltake all necessary steps to assure that Confidentiallnformation is safeguarded to prevent unauthorieed use, sharing, transfer, sale or disclosure ofConfidentíal lnformation or violation of any state or federal laws related thereto. Upon request, theContractor shall provide COMMERCE-with its policies and procedures on confidentiaiity.

Stste olWashingtonDepartm€nt of Commcrce


lnteragency Agreament

coMMERcEIT le_qy{e chânges to such poiicies and procedures as they appty to thÍs Contractwhenever COMMERC€ reasonably delermines thai changes are rieceséa.y to preventunauthorized disclosures. The Contractor shall make the changãs within the time pòriø specífiedby COMMEflCE. Upon request, the contractor shail immedlaÞly return to CótrrttuenbE anyConfidential ,Ìnformatíon that C0MMEñ|E reasonably determines has not been adequatelyprotected by the Contrac.tor against unauthorized disclosure.

C. Unauthorþed Use or Ðísclosure. The Contractor shall notÍfy COMMERCË within five (5) workingdays of any unaulhorized use or disclosure of any confidential informatjon, and shaJ{ tafe nicessarisieps to mitigate the harmful effects of such use or disclosure.

6. COPYRIGHT

Unless otheru¿ise provided, all Materials produced under this Contract shall be considered "works forhire" as defined by the U,S. Copyright Act and shall be owned by COMMERCE. GO.MMERCE shatï beconsidered the author of such Materials. ln the event the Materiãls are nct oonsidered "works for hire',under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, tjile, and interest ìnall Materials, including allintellectual property rights, moralrights, and riints otpiúllcitv to Cofi,tMERcEeffeetive from the monrent of creation of such Materíals.

"Materials' mêens all itams in any format and includes, but ls not lírnited to, data, reports, documents,pamphlets, adveftisements, books, magaeÍnas, surueys, studies, oompuier progrårns, films, tapesjandlor sound reproductíons. 'Ownership' includes tha right to copyright, þateni, r"-gister ano ttre abilityto transfer these rþhts.

For MaterÍals that are delivered under the Contract, but that incorporate pre-existi,ng materials notproduoed u'nder the Contract, the Contractor hereby grants to COMITrcRCÈ a nonexðlusive, royalty-free, irrevocable license (with rights to sub{icense to oihers¡ ín such Måtè¡åls to translate, reþroáu.ä,distribute, prepare darivative works, publicly peÉorm, and publicly display. The Contractor warrants andrepresents that the Contractor has all rights and permissions, inctuding inteJlectual pr.operty rþhts,moral rights and rights of publici$, necessery to gr€¡nt such a iicense to,COUfr¡eRcE.The Contractor shall exert all reasonable effort to advise CÕMM€RCE, at the time of delìvery ofMaterials fumished under this Contract, of all known or potentíal invasio,ns of privacy contained thereinand of any portion of such document which was not producêd ín the performence öi this Contract. TheContractor shall provide COMMERCE wjth prompt written notice of each not¡ce or claim of infringementrecEived by the Gontractor with respect to any Materlals delivered under this contract. COMIüERCEshall have the right to modify or remove any restrictive markings placed upon the Materials by thãContractor.

'1, DISPUÎES

ln the event thai a dispute arises under this Agreement, it shall be deiermined by a Dispute Board inthe following manner: Each party to this Agreement shatl appoint one member tó tne Oispute Board.Ihe mernbers so appoÌnted shafl jointly appoint an addítional member to the Dispute Board. TheDispute Board shall review the fects, Agreement terms and applicable statutes and ruies and make adelermination of the dispute. The Ðispute Board shall thereafter decide the dispute with the majorityprevailing. The determination of the Dispute Board shall þe finat and binding on ihe parties hereto. Asan alternative to this process, either of the parties may request intervention ny ine Governör, asprovided by RCW 43.17 330, in which event the Governor's process willcontrol.

8. GOVERNTI{G LAqVAND VE¡ì¡UE

This Contract shall be construed and interpreted jn accordance with the laws of the state of Washington,and any applicable federal laws, and the venue of any action brought hereunder shall be in the SupärioiCourt for Thurston County.

Slatç of WãshíngtonDcpârtment of Comme¡ce

GEò¡ERAL TERI,ìS AND COilDITIONSII\¡TERAGENC Y AGRËEIIENT

FEDERAL FUNDS



State of WashinglonDsparlment of Commorcg

GENERAL TERHS AND GONDITIONSINTERAGET{CY AGRÊEMENT

FEOERAL FUNDS

s. t¡¡D€itNtFtcAÏtoÀ¡

Each party shall be solely responsÍble for the acts of ìts employees, officers, and agents.

1 O. LICE}¡SING. ACCRËDITATIOI{ A'{D REGISTRAT¡OH

The Contractor shall comply with ali applicable locai, state, and federal licensing, accreditation andregistration requirements or standards necessary for the performance of this Contiact.

{1. RECAPTURE

ln the event that the Contractor lails to perform this Contract in accordance with state laws, federallaws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in anarnount to compensate COMMERCE for the noncompliance in addition io ãny other remedíes availableal law or in equity.

Repayrnent by the Contractor of funds under thÍs recapture provision shall oocur within the time priodspecifìed by COMMÉRCE. ln the alternative, COMMERCE may recapture such funds frorn paymentsdue under this Gontract.

12. RECORDS MAINTEHANCE

The Contractor shall maintain books, records, documents, data and other evidence relating to th,iscontract and performance of the services described herein, including but not ,limited to accouniingprocedures and praciices that suffÍcisntly and proparly reflect all direct ancl indirect costs of any natur-õexpended in the performance of this contract.

The Contractor shall maintain records lhat identify, ín its accounts, all federal awards received andexpended and the federal programs under which they wee received, by Catdog of Fcder¡l DomesticAssistance (CFtlA) title and ¡u¡nber, award number and year, name of the fedciat ågency, and nameof the pass{hrough entity.

The Contractor shall retãin such records for a period of six {6) years following the date of finaì peyment.At no addìtional cost, these records, including materials generated under thã cûntraet, shall be éubjectat all reesonable times to inspection, revÍew or audit by COMMERCE. personnel duly authorized byCOMf\,!ERCE the Office of the State Auditor, and federal and state officials so autho¡ized by taw,regulation or agæement.

lf any litigation, claím or audit is started before the expiration of the six (6) year period, the records shaltbe rataínad until all litigation, claims, or audit findings involvíng the recordà have been resolved.

13. sAvrNGs

ln the event funding froq state, federal, or other sources is withdrawn, redueed, or limited in any wayafier the effective date of this Contract and prior to normal completion, COMMERCE may suspdnO orterminate the CÕntract under the "Termination for Convenienca'' clause, without the ten ðalenãar daynotíce requirement ln lieu of termination, the Contract may be amended to reflect the new fundin!límitations and conditions.

î¡t. SEVERABILITY

The provisions of this contract are intendcd to bc severable. lf any term or provision is illegal or invalidfor any reason whatsoever, such illegality or invalidity shall not affect the validity of tfre rEmainder ofthe contract.

15. SUECONTRACT'NG

fhe Contractor rnay only subcontract work contemplated under this Contract if it obtains the prior writtenapprovalof COMMERCÊ,

. lf COMMERCE approves subcontracting, the Contractor shall maintain written procedures related tosubcontracting, as well as copies of all subcontrscts and records rclated to subcontracts. For cause,COMMERCE in writing may: (a) requlre the Contractor to amend its subcontractfng procedures es they

Vorsion 0720'l9Page 7

lnteragenöy Agreement

GENERAL ÎERIIIS AND CONDITIONSINTERAGENCY ACREEMEÍ{T

FEDERAL FUNDS

relate to this Contract; (b) prohibit the Contractor from subcontract¡ng with a partícular person or entitylor (c) require the Contractor to rescind or amend a subcontract.

Every subcontract sha,l bind the Subcontractor to follow allapplicable terms of this Contract. Contractorshall incorporate 2 CFR Par1200, Subpari F audit requírements into all subcontracts. The Contractoris responsible to COMMERCE if the Subcontraetor fails to comply with any applÌcable terrn or conditicnof ihis Contract. The Conlractor shall appropriately monitor the activities of the Subcontractor to assutefiscal conditions of thls Gontract. ln no event shall the existence of a subcontract operate to release orreduce the liability of the Contractor to COMMERCE for any breach ín the peúoffnance of theContractor's duties.

Êvery subcontract shall include a t€rm that COMMERCE and the State of Washington are not liable forclaÍms or darnages arising from a Suþcontractor's perforrnance of the subcontraci,

16. SURVTVAL

The tenns, conditions, and warranties contained in this Conlract that by their sense and context areintendad to suwìve the completlon of the performance, cancellation or tennination of this Gontract shallso survive.

17. TERTINATION FOR CAUSE

In the event COMMERCE determines the Contractor has failed to comply with the conditions of thiscuntract in a tírne1y manner, CCIMMERCE has the right to suspend or terminate this contract. Beforesuspending sr lerminati¡g the contract, COMMERCE shall notify the Contractor in writing of the needto take corrective action. lf corrective action is not taken within 30 calendar days, the eontract may betermìnated or suspended.

ln the event of temrination or suspension, the Contractor shall be liable for damages as author-ized bylaw ineluding, but not limlted to, any cost difference between the original contract ãnd the replacementor cover contracl and aal administraiive costs dlrectly related to the æplacement contract, e.g., cost ofthe competitive bidding, mailing, adveÍising and staff time.

COMMERCE resêrves the right to suspend all or part of the contract, withhold further payments, orprohibit the Contractor from incurring additional obligations of funds during investigätion of $,ìe aflëgedcomplíance breach and pending corrective action by the Contractor or a decision by COMMERCE toterminate the contract. A termination shall be deemed a "Ternination for Gonvenience" if it isdetermined that ihe Contractor: (1) was not in default; or (2) fa¡lure to perform was outside of his or hercontrol, fault or negligence.

The rights and remedies of COMMËRCE provided ín thís conlract are not exclusive and are in additionto any other rights and remedies provided by law,

18. TERMINATIOf{ FOR COÑVENIENCE

Except as otherwíse provided ín this Contract, GOMMERCE may, by ten (10) business days writtennotice, beginning an the second day afrer tha mailing, terminate this Contract, in whofe or in part. lf thisContract is so terminated, GOMMËRCE shall be liable oniy for payment required under the terms ofthis Contract for serviceg rendered or goods delívered prior to the effective date of terrnination.

I L TERTUINAT|OI¡ PROgEDURES

Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,may require the Contractor to deliver to COMMERCE any properg specifically produced or acquiredfor the performance of such part of this contract as has been terminated. The provisions of the"Treatment ôf Assets" clause shall apply in such property transfer.

COMMERCE shall pay to the Contractor ihe agreed upon price, íf separately stated, for cornpletedwork and services accepted by COMMERCE, and the amount agreed upon by the Contractor andCOMMËRCE for (i) completed work and services for which no separate price is stated, (ii) partiailycompleted work and services, (iii) other pÍoperty or services that are accepted by COMMERCE, and(iv) the protection and preservation of property, unless the termination is for default, ín which case theAuthorized Representative shall determíne the extent of the liability of COMMERCE. Failure to agree

Stete of WarhingtonDêpartment of Commerce

Versíon 072019Page I

lnteragency Agrcemånt

GENER,AL TËRMS AHT CONÐITIO}¡SINTERAG El{C Y AGREET,IENT

FEOERAL FUNDS

with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.COMMERCË may withhold from any amounts due the ôontractor such sum as the AuthorizedRepresentative determines to be necessary to protect COMMERCE against potential loss or liability.The rights and remedies of COMMERCE provided in this seciion shalf not be exclusive and are inaddition to any other rights and remedies provided by law or under this contract.

After receipt of a notice of termlnation, and except as othen¡¡ise directed by the AuthorizedRepresentative, the Contractor shall:

A' Stop wcrk under tie contract on the date, and to the extent specified, in the notice;

B' Place no further orde¡s sr subcontracts fo¡ materials, seruìc€s, or facilities except as rnay benecessary for completion of such portion of the work under the contrect that is not terminated;

C. Assign to COMMERCE, in the mânner, at the tjmee, and to the exlent directed by the AuthorizedRepresentative, all of the rÌghts, title, and interest of lhe Conkactor under the orders andsubcontr'äcts so terminated, In which case COMMERCE has the rlght, at its discretion, to setfle o¡pay any or all claims arising out of the termînation of such orders and subcontracts;

D. Settle all outstanding liabilities and all ¿Jairns ârising out of such termination of orders andsubcontracts, with ihe approval or ratification of the Authorized Representetiv€ to the extent theAuthon?ed Representative may require, which approval or ratification shall be final for all thepurposes of this clause;

E. Transfer title to COMMËRCE and deliver in the manner, at the times, and to the extent directed bythe Authorized Representative any property whích, if the cont¡act had been completed, would havãbean required to þe turnrshed to COMMERCE;

F- Complete performance of such part of the work as shall not have been terrninated by the Ar.rthorizedRepresentative; and

G- Take such action as ftay be necessary¡ or âs the Authorized Representative may dìrect, for theprotection and presen/aijon of the property related to this contract, which is in the possessìon ofthe Contractor and in whích the Authorized Representative has ot mäy acquire an inierest.

20. wAtvER

Waiver of any default or breach shalf not be deerned to be a waiver of any subsequent default or breach.Any waíver shafl not be construed to be a modification of the terms of this Conkâct unless stated to besuch in wríting and sÍgned by Authorized Representative of COMMERCE.

State of WashíngtonD€partment of Commerce

Version 0720t9Page I

lnteragency Agr€ement

Scope of Work

This funding ís made available under section 601{a) of the Social Securig Act, as added by section 5001of the Coronavírus Aid, Reliet and Ëconomic Secr"rrity Act ('CARES Aci') a;úb;ãt¡* v and vt of thecAREs Act, for costs íncuneo_dryJo the public health åmergàncy with respãct to the coronavirus Disease2019 (covlD-l9)' Under the CARÊS Act, the toronavirus ñelieíFuno *"y oe u.åa tã

"ou*r costs that:

t. Are nece¡¡¡ry expenditures incurreddue to the public hcatth ernergency wlth rcspect to theCoroneviru¡ Direr¡e 20t9 (COVID-{9}; ¡tNÐ

2- Arc not rccountcd for in the budgct moot recrntly rpprovod ¡s of illercñ zT, m2t [the deteof en¡ctnrrnt of the cAREs Act) forthe st¡tr or goviinment.

lhese tunds may be used to reimburse for expendîtures incurred during the period of Marci 1, 2020 thruoct' 31,2020. Please note: ln order to ensure all funds have beÉn fuìly utilizeo prìor to the Us]reasury's December 30, 2020 end date, the State of Washington must closeout contåcts by october31 ' 2020' All final requests for reirnbursement must be receivãd no later than November 15, ZOZ}.

Expendítures must,be used for necessary actions tãken to respond to the public health emergency. Thesemay dnclude expenditures incurrcd to allow the local government to tespond dirêctly to the emergency, suchas by addressing medical or public health needs, ai well as expenditures ¡ncurrdd to respono to serond-order effects of the emerggncy, suqh as by providing economic support ùc those sur.rìnt üom ernplo¡rmentor buginess interruptions due to covlD-'lg-related business ctosurbs.

Funds may nol be used to fill shortfalls in governm€nt revenue to cover expenditures that would notothen¡vise qualify under tfie statute. Âlthough a broad range of uses is allowed, r"uunr. replacement is nota permissible use of Fund payments.

l¡Vmen¡s may be used only to covat costs not accounted for in the budget most recently approved as ofMarch 27, 2A20. A cost meets this requirement if either:

1. The cost cånnot fawfully be funded using a line item, allotment, or allocation within that budget; OR

2- The cost is for. a suhstantially dífferent use from any expected use of funds in such a ljne item,ailotment, or allocatíon.

The "most recently approved" budget ¡s the enâcted budgei for the relevant fiscal period for the particulargovernment. A cost is not consídered to have been accounted for in a budget mer*ty because it could bemet using a budgetary stabilization fund, rainy day fund, or similar reserve account.

Allowable exnendlturer lncludc. but rrc not limtted to:

Attachment A

Medical expenses such as;a. COVID-19+elated expenses of public hospitals, clinics, and similar facitities.b' Expenses of establishing temporary public medicai facilities and other rneasures to increase

COVID-19 treatment capacity, including related construction costs.

9 Costs of providing COVID-19 tesiing, including serologicat testing.d. Emergency medical response expenses, including emergency mLd¡cattransportation, relatedto COVIO-19.

e. Expenses for establishíng and operating public telemedicine capabilítíes for COVID-jg-relatedtreatment.


I

State of WashingtonDepartment of Commerce

V€rsion 072019Page 10

tnteragency Agre6m€nt

Attrchment A

Expenses for communication and enforcement by Stale, territoríal, local, and Tribalgovernments of public health orders related to COVID-19.Expenses for acquisítion and distributíon of medical and proiective supplies, includingsanitizing products and personal proteciive equipment, for medicai personnel, police otficers,social workers, chíld protection services, and child welfare officers, direct service providers forolder adults and índividuals with disabilities in community settings, and other public health orsafety workers in connection with the COVIÐ-19 public health emergency.Expenses for disinfection of public areas and other facilities, e.g., nürsin! homes, in responseto the COVID-19 public health emergency.Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to pubf ic health and safety.Expenses for publíc safety measures undertaken in response to COVID-1g.Expenses for quarantining individuais.

â Payrofl expenses for public safety, public heafth, health care, human services, and similaremployees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency.

4. Expenses of actions to facilitate complíance with COVIÐ-19-related public heatlh measures, suchas:a. Expenses for food delivery to resídents, íncluding, for example, senior citizens and other

vulnerable populations, to enable compliance with COVID-19 public health precautions.b. Expenses to facilitate dístance learning, includíng technological improvements, in connection

with school closings to enable compliance with COVTD-19 precautions.c, Expenses to improve telework capabilitíes for public employees to enable compliance with

COVID-1 I public health precautions.d. Expenses of providing paid sick and paid family and medical leave to public emptoyees to

enable cornpliance with COVID-19 public health precautions.e. COVÍ D-19-related expenses of r¡aintaining state prisons and county jails, includíng as relates

to sanitation and improvement ol social distancing measures, to enable compfiance wíthCOVID-1 I public heaith precautions.

f, Expenses for care ior homeless populations provided to mitigate COVID-19 effects and enablecompliance with COVID-19 public health precautions.

5. Expenses associated with the provision of economic support in connection with the COVID-19public health emergency, such as:a. Expenditures related to the provísion of grants to small businesses to reimburse the cosis of

business interruption caused by required closures.b. Expenditures related to a State, territorial, local, o¡ Tribal government payroll support program.c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs

will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.

6. Any other COVIÐ-19-related expenses reasonably necessary to the function of government thatsatisfy the Fund's eligíbility criteria.

a.

b.

d.

â

f.

State of Wash¡ngtonDepartment of Commerco

Version 072019Pagë 1 1


Att¡chmenl B

Budget û lnvoicing

The Contractor shall determine the appropriate budget and use of funds within the fofiowing 6 budgetcategor¡es and their sub-categories:

1. hlledical2. Public Health3. Payroll4. Actions to Comply with Pubtic l-iealth Measures5. Economic Supportô. Other Covid-19 Expenses

The Conlractor shall submit invoice reimbursement requests lo thè Cornmerce Representativ€ using theGommercs Contract Management System's {cMS) Online A-'lg Portal. Each reimbürsement reqlæst-mustinclude:

1. A-19 Certilìcation form - An authorized party of the local government will certify each invoice (A1e)subrnilted for reìmbursernent and attest that all incured expenditures meet the US ïreasury

guidance:

2 19 Activity Report3. A detailed breakd,own of the expenditures incurred within each appticable budget sub-category on

the A-19 Activity Report.

The A-19 Certifrcation and Activity Rcport templatus will be provided with the executad contrect, rhEdocuments are íncluded in Atù¡chnen't c and Attachment D fur reference.

Receiph and proof of payment for costs incuned do not need to be submitted with A-19e. Àll contnactorsare required to m¿intain eccounting raeords in accordance wlth state and hderal lawe. Records must besufident to demonstrate the funds have been used in accordance with section 601(d) of the SociatsecurityAct. Commerce neseruÊa lha rþht to audlt any costs submitted for reimburcement, nre Conüactor shallcomply with Commeroe A-19 ¡udits and provide thc apprropriate racords upon request.


Vorslon 072019Pags 12

lnteragoncy Agreêment

Attachment G

))

LOCAL GOVERilHENÎ COROilÀVIRUS RELIEF FUì{OSCERTIFICAIIOiT

l, in, årr thÊ ¡fm¡r of {oc lt¡otlirHÞ, ¿nd Icertifo ¡lr¡r;

1. I heve the authority and approval from the governing body on beh¿lf qf tüe rocalGovernment to reqvest reimbur¡srnent from the Dep¡rt¡nent of tornn¡erce(Cornmercal per cooÎräct nunrber <eilffilcmtl$tG fronr theallocation of t{re coronavitus Relief Fund as c¡aated in section 5oo1 of H.fi.?4g, theCoronavirus Aid. fiolief. and €concmic te(u¡¡ty Act {',CAff€S Acf} for eligibleexpenditurer included on the corespondirrg À-19 invoice vourher ior report period<tsilÌrñotlotar¡Þ.I understrnd th¡t ¡s ¿ddìtional federat guiclance becomes av¿ilable, a contrectrmendment tc the agreemenl between cornmerce and the Local 60vemrn€nt maybecone necessary,

3. I understand Çornrnerce will rely on lhis certit¡cet¡on -s a ¡n¡leri¡l æÞrÊsenlat¡ùn inprocessing th i.s reimbursement.

4, I cartify the use sf funds ¡ubmitted for reilnbursement from the Coron¡virus ßeliefFunds nnder this contr¿ct were used only to covêr those cosls that:a- Arg ¡ec¿ssot! expenditures incurred dr¡s to lhc public health umergenty with

respect to th€ Coronrvirus Diseese ?0f9 (COVIO-19);b. lWåç rìol accounred for in the budget most recently opproved as of March ¿7, ¿olû:

¡ndc. we re incurred durirrg lhe period that begins on March l, ¿0a0, ¿nd ends on october

31, 20¿0.

5. I undersli¡nd the use of ft¡nds pursuent to this cenification mu¡t ðdhere to offic¡å¡federal guidance issued or to bç issued on rvhat const¡tutes a ne(essary expenditure,We have revíewed the guidance est¡blíshed by U,S. Ðepaltment of th€ Treasuryl anclcertify costs m€€t t¡ìe requlrec'l guidance- Any funds expended by the Loc¿l Gov€rnn.lentor its subcoottactor(sl in any nranner that does not adhere to official federal gulclanceshall be return€d to th€ Stðte of Washington.

"2

State of WashingtonDepartment of Commercê

Version 072019Page I 3

lnlêragoncy Agro€ment

Attrchncnt C

Lo{:.rU. Ctl¡;Eiì:II¡E.' T ( a'Ri.Í.í,i yflt Uri RELIEF FÏihÛr: ¡_'Ef¡. tU¡tù"! f tr r¡rPrgc 1 oi I

6. I understand the Local Government receiving funds pwsuãnt to th¡s certif¡cation shallretain documentation of all uses of the funds, includln8 but not limited to invoicesand/or sales receipts ín a manner consíste,nt w¡th 9200,333 R€feít¡on requírements forrecords of 2 CFR Part 20O tlniform Administttt¡ve Reqüitemsnls, Cost pritlciples, andAudit Requírzments þr Federal Awords (Uniforrn Guídance), Such docurnentation shallbe produced to commerce upon rsquest rnd rnay he subject ts audit by the stateAudhor.

7- I underst¡nd anv funds provided pursuent to this certification cânnot be used âs ârevenus replacement for lowerthan expected tex or other revcnue colleaíons.

8. I understand funds received pursuånt to this certificatlon cannot be used forexpendltures for which the Local Governm€flt has rEcelved any other ern€rgency COVIÐ-L9 supplemental funding (wherher stete, federal or private in nature) for that sffneer(pensE.

I certify lhat I h¿ve rsed the above certfflcation a.nd my statements contained herein ere tn¡eand correct to the best of mV knowledge.

Pr¡nt€d Name

Title

Sþnature

Date!

Appmvcdrtofonnüfytt

L

Clallam

Stetã of WaôhirgtonD€pertrnont of Commerce

V€nion 072019P¡gc 14

Â

lntoragcncy Agrsðmênt

Attachment D

CFIF A-1tl.Activity BrporlINSTRIÆTIONS

IISIRUCTONS;

A r:onl¡tlettil rl1tr A.l!, çerqri,:Ad,¡n annj ,{r:rp¡È¿ ReprXr rnret be SulrntÊlr{t r.¿¡lh ear:I A,lS retrr¡lJ¡¡¡.StrnCrt fS.¡u}r$tfte ¡l.lÐ Ar:riei! Rttl:r)rr filrjst t)s ,*¡SlllüÊú as an Érr¿l +prU,rrlslrect, nut ¡ p0li y,¡r¡ m,¡sr ¿fso qrcfudr ¡ ¡*äfedbrìlðkdrlr.iil r)f thü il:dr,¡,lrrrl Èq:$rdß,Jr+t fnpoûtd *t ColUma F fur'ÊA,:h ô¡rpli{ðlrlÈ.luù{:dt*gr,ry rls:t¡Ccd OrÈ?tA.tgActtltf¡ Refr¡rt

fh*'e are ti pnn¡¿r¡ þrrrlget *,f'ê$ln*s| ilÈdh:d€.ç$nsÞs2 PubÈ l'lsålh €.\po¡rses3 Fayr'all rrgtils*s {or gddt: ërrFùùt êËs dilúçðt€d k} {:evlll. I t¡ô Ê{¡g¡ses t r tlrratÈ t:{rn$tãrcc r¡ür ÇOlü}-'l$,ntei}ði¡tËs5 €cr¡n¡rrrq *fpcct¡rì ilrlr+lr Çoltf,r.tg a$€ilses

€;¡':n Fun¡rr,¡ [$t!Êt ttl€St¡ôrxl!úes sJ3{dè!¡$tc$ nulçrurrdes lrr oplirxr tú ¿{td '${ttü.'t{ß"i¡tëdqleìeül¡slÈd.

F$frr.,v tt¡¡r t¡dluJ¿ ¡rsrxttùr¡lts ¡!/{rrr¡ {ürrìú*$U tñÊ.À.19 &:tr¡tr 1r*u?

I R!P(nTP|ESæ . 5;;*r. riæ *p.lt FÈrrS qt,¡ Cdl O I ü ìf¡¡ A. lg A¡:l¡rù fi¿pçrta ft¡s suulúü¿Ë{h üné rçod ç*rto,J .rtå €d,xr lir€ .;,r. e*Onúi$ A-?tib €ç,;'t p*r:crl shcråj c:,:lurt*f,A,l 1ï {t, ¡rÞJ:}"f T'l I è f.l:r} iläçþ âltr} rj,i â!:r} {a.:

2 COLIJI}I Ë . €¡¡fË' ths t.t,ù Grrtrt r:r S ¡; evrors re*lds'"rë{r|i|{t I Èg¡dã*s gjl¡rl{üe,t q,} C(r?xr,,t!:.È tç!- Êd!r|{¡af påc ¡bþ s.ù-¡:¡ltê rl¡lr.r

3 coLullll F - 3¡r¿; íTè r.ctt ¡æorxr, Èan$ rËq\¡Èsùht ¡rr ìhÈ ç¡¡r¡t* natrôrr.:crrrøt reçr*g frr. exh *rgh;,Êtesuü'caegrr.r

¡l COIUíX )t USE OF RttlDS . Yry¡ ¡,¡¡¡¡¡ rrt{rdc r gsr*r rÅ ,fes.:ri¡ñon ,* ìhc r,¡E¿ cl,f the ti.nrrls ÞxtgrcC¡ttstcdritf *a{l?.*Sft,:JUe s-*.r:¡rgjü.¿ K+r+ de;;çeunS ðs,;q.î:rse ¡S tr}s;ùle h¡f jr¡:lr¡de ¿d¿,¡r$e,:.i**jtaderil,,lrrì-ðtÈhr..rthe¡-¿hrtlsactse,la*le¡=rfl*t)ü!ltì-tg*mürgency Ëapçlr*i|hta güsic,xyrl*.

I .R'Ovrr$rg r¡ $ner deS,:fFQ{!r,-¡r í,-* :$r):rr\: àr:lìrlte$ Ëèitùtttüàlb lúerùtwg'rp.c{4,: F{F¡iflir¡ns sç.¡rr{c lr3enu&mg çd{n: grrgrll¡9 {¡,¿,üëú,rrûù¿ùtd hrtlçl¡¡g dn'l lûnð'.yû ûr ¡rËürd{d ortç'.1.{€s rt$u¡l$ {tl .:0n¡,rù¡firtT i{r$*:t"$

t OTH€R SiË.ÇA|€çOB€S . &:d¡er :t!ëgcûe;r ! .i $rclurls a plar:*h,¡lrjs ìo .trltt dn eildruonr¿l ¡.i!.,:*egrl¡! ifnec¿5sary

I it:t¿:' a Tidc for ùb.1Ê¡, €;lpitrisgs ndder! .t*!rirr tha qgr,r¡:riate liudgdt .:ãtË!r¡r,*b Fr:¡e¡tir{ssmt'tCrlls Olr) Otg Þ27 O38 enrJO4lc Th¿reis'lnlrrùne'gth€r"p¡ðr€lìrttderñËdchbrftt$ettåt€gorrr9e{ltù¡r.Ffe¿¡e.:ontblne¡¡rulhpte.ctit*-s¡b

ç¡teg0ns5 adrle"1to d'le sanre tr.rdgef c{t€goty

6 OÎHÉR tt flGÉl CAÎEOOf,tS . Srrrlg*t ¡trlltgont I r:i yrh¿rs ;ror.r shor.rlrJ rn,Jr¡{e an} e}qrhte *rpenútr:reslhdl don't tall und€r þqdgct {år€goqüs t -;r Ê¡rter a Titlo fortlæse'ûlfier'expsnÊâs ,¡vithin budget üatÈgôry ôb En¿er t¡tt€s into coll3 oa¿ - o{tc there are only 5 entry f¡elds availaue rv{thin Budget Cateuory d

Stato of Washlngtonoepartment of Commerce


Interagcncy Agreament

1

ê.)t{nûr¡n r Rgllif Frxtri+19.$ì.,ùflùDrrt

¡lcÞq¿t túifllr

tÀ r;ùrfqrr{,r'vr irrtü'a €rrûii*

fç-'.S:¡j,!

I F(ãrraste ra(lR¡lr

. tJ. ? la . cl r' ùrt fgt¡htur¡: s

S Ê(ÐF* fÉflp{(tii *:¡ , gß rrdr \: r.¡ !r'l¡¿¡| 1¡r ¡.. ¡4g . r=aattI ¡klrff

5 orrr.q0.qq:rttç.lt!-.-. -- _

,¡_

dùê:,4

ü.

c.rJ.'c

û

,!l:

tiliù

À+

6

:. -R-

ÈL:'.ql'r-.qtri

3

'

St¡te of WrshiñgtonO€parlrtrant of Commcrcc

lntoragcncy AgrccmanÌ

C¡¡,er¡rÊr,t'ore t ipe^Õ,t1,'€e

B,.rl Oej.',nr..r¡ ôl t,

ATTACHMENT B

WASHINGTON STATE DEPARTMENT OF COMMERCECORONAVIRUS RELIEF FI-INDS FOR

LOCAL GOVERNMENTS PROGRAM GUIDELINESDATED 5-18-2020

8


f%It

Washington StateDeoartment of

Commerce

CoronavirusRelief Funds forLocal GovernmentsProgram Gu¡delines

CARES Act Funds for Local Governmentsln Washington State


P.O. Box 42525Olympia, WA 98504-2525

(Dated 5-18-2020)

Contact lnformation

Mailinq / Street Address:


Program LeadershipTony HansonDeputy Assistant DirectorCommunity Capital Facilities Unit360-725-3005Tonv. Hanson@com merce.wa. qov



Tina HochwenderManaging DirectorCommunity Assistance and Research Unit360-725-3087Ti n a. H ochwen de r@com m erce.wa. gov


This publication is available in an altemative format upon request. Events sponsored byCommerce are accessible to persons with disabilities. Accommodations may be ananged witha minimum of 10 working days' notice by calling 360-725-3087

Coronavirus Relief Funds (CRF) for Local GovernmentsProgram Guidelines

TABLE OF CONTENTS

General lnformation

1. Source of Funds.....



4. Intended Use.

5. Eligible Costs

6. lneligible Costs

7. Eligible Cost Test

8. Cost Reimbursements....


1. Award Letter..

2. Working Papers

3. Contract....



1

1

1

1

1

2

4

4

5

7

7

7

7

II


You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds areavailable under section 601(a) of the Social Sécurity Act, as added by section 5001 of the CoronavirusAid, Relief, and Economic Security Act ("CARES Act").





Funds will be provided to cities and counties with populations under 500,000 that were ineligible toreceive direct funding under the CARES Act. Each county will receive a minimum distribution of$250,000 and each city will receive a minimum distribution of $25,000.


For a complete list of cities and counties and their allocations, click here


The Coronavirus Relief Funds may only be used for costs incurred by local governments in response tothe COVID-19 public health emergency during the period of March 1,2020 thru October 31,2020.

The US Treasury's Guidance provides an end date of December 30,2020. This is the end date in whichthe state must have reimbursed all "recipients of the funds" (grantees) their costs incurred in response tothe COVID-19 emergency. ln order to allow time for Commerce to process final payments and conductcontract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures areonly being accepted on costs incurred through October 31,2020.

AII final reguesús for reimbursement must be submitted no later than November 15, 2020.

4. lntended Use



2. Are NOT accounted for in the budget most recently approved as of March 27,2020 (the dateof enactment of the CARES Act) for the State or local government. The "most recently

L





Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would nototherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement isnot a permissible use of Fund payments.




a




5. Eligible cosfs


1. Medical expenses such as:. COVID-19-related expenses of public hospitals, clinics, and similar facilities.. Expenses of establishing temporary public medicalfacilities and other measures to

increase COVID-19 treatment capacity, including related construction costs.. Costs of providing COVID-19 testing, including serologicaltesting.o Emergency medical response expenses, including emergency medical

transportation, related to COVID-19.

a

2

a Expenses for establishing and operating public telemedicine capabilities forCOVI D- 1 g-related treatment.








3. Payroll expenses for public safety, public health, health care, human seryices, and similaremployees whose services are substantially dedicated to mitigating or responding to theCOVID-19 public health emergency.






o COVID-19-related expenses of maintaining state prisons and county jails, including asrelates to sanitation and improvement of social distancing measures, to enablecompliance with COVID-19 public health precautions.





o Unemployment insurance costs related to the COVID-19 public health emergencyif such costs will not be reimbursed by the federal government pursuant to theCARES Act or otheruvise.

3

6. Any other COV¡D-1g-related expenses reasonably necessary to the function of governmentthat satisfy the Fund's eligibility criteria.

6. Ineligible cosús

Non-allowable expenditures include, but are not limited to







7. Severance pay.


7. Eligible cosf fesú










Additional consideration - The intent of these funds is to help jurisdictions cover the immediateimpacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communitiesThere are many possible eligible costs.

Many costs are clearly eligible and others are in more of a grey area. One could probably justify some ofthe "grey area" costs based on the test, but are they directly addressing the immediate impacts? Possiblynot. ln these situations it may be safer and more appropriate to utilize the funds in one of the many othereligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the fullauthority to make the final call based on their circumstances and justification.

4

8. Cosf reimbursement

Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances.lf funds are being used for the acquisition of real property or construction / renovation costs, pleasecontact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may onlyreimburse grantees for eligible costs incurred in response to the COVID-19 public health emergencyduring the period of March 1 , 2020 thru October 31, 2020.







Medical ExpensesA. Public hospitals, clinics, and similar facilitiesB. Temporary public medicalfacilities & increased capacityC. COVID-19 testing, including serological testingD. Emergency medical response expensesE. Telemedicine capabilitiesF. Other

2. Public Health ExpensesA. Communication and enforcement of public health measuresB. Medical and protective supplies, including sanitation and PPEC. Disinfecting public areas and other facilitiesD. Technical assistance on COVID-19 threat mitigationE. Public safety measures undertakenF. QuarantiningindividualsG. Other



5

D. Paid sick and paid family and medical leave to public employeesE. COVID-19-related expenses in county jailsF. Care and mitigation services for homeless populationsG. Other




6


1. Award Letter


Award letters with instructions to initiate the contracting process will be emailed to each city and countyreceiving an allocation by no later than lt[ay 22nd. Emails to cities will be sent to mayors and any othercontacts obtained with the assistance of the Association of Washington Cities. Emails to counties will besent to the county commissioners and any other contacts obtained with the assistance of the WashingtonState Association of Counties.



. A draft contract template for review and to initiate the public process for authorization toexecute once the final contract is available for execution

o Working Papers

2. Working papers

Your grant award packet includes Working Papers. Fhe Working Papers ask for basic informationneeded to create a contract:



¡ Your Federal lndirect Rate. Your fiscal year end date¡ Name and title for the person authorized by the jurisdiction to sign the contract

Please complete and return lhe Working Papers to the Commerce project manager identified in the awardletter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your projectmanager will manage your contract until project completion. Feel free to give us a call if you have anyquestions as you fill out the form (see contact information on previous page).

3. Contract



7

4. Reimbursements

This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contractis executed. All grantees are required to set up a SWV number so funds may be sent electronically.Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month aslong as you have incurred documented eligible costs in response to the COVID-19 public healthemergency during the period of March 1,2020 thru October 31,2020. All final requests forreimbursement must be submitted no later than November 15, 2020.


Access to CMS is available through the Secure Access Washington (SAW) portal. You will need tocreate a SAW account if you do not already have one. Please find detailed instructions here: Office ofFinancial Manaqement. lt may take up to three weeks after you submit this information for an electronictransfer account to be set up. We will automatically receive your S\y'/V number from the office that setsthem up.

Once logged into SAW, add the Department of Commerce to your 'services' and submit an Online A-19External User Request form. Then Commerce will add you as a new external user in CMS; and the CMSsystem will generate and email a registration code to you to complete the CMS registration.

For additional grantee support, refer to the Commerce Online A-19 Webpaqe for External Users, whichincludes SAW resources and the CMS manual for efernal users.




Monítoring vrsifs may be scheduled.

5. A-19 Certification and Activity Repoft

ln order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include:

A completed A-19 Certification:. An individual authorized to execute on behalf of the local government must certify by


8

and that the funds were used in accordance with section 601(a) of the Social SecurityAct, as added by section 5001 of the Coronavirus Aid, Relief, and Economic SecurityAct ('CARES Act").

2. A completed A-19 Activity Report (instructions included in document):e Must be submitted as an Excel spreadsheet, not a PDF.. lnclude a detailed breakdown of the individual eligible expenditures reported by each




. lnclude a brief description of the use of the funds being requested for each applicablesub-category. Keep descriptions as concise as possible, but include adequate contextto demonstrate how these funds addressed the COVID-'t9 emergency. lf applicable,please consider:







9

Washington StateDeoartment of

Commerce




P.O. Box 42525Olympia, WA 98504-2525

(Dated 5-18-2020)

Contact lnformation

Mailino i S Address:


Proqram Leadership:

Tony HansonDeputy Assistant DirectorCommunity Capital Facilities Unit360-725-3005Tonv. Hanson@com merce.wa. gov

Commerce Leadershi


Tina HochwenderManaging DirectorCommunity Assistance and Research Unit360-725-3087Tina Hochwen merce.wa.oov


This publication is available in an altemative format upon request. Events sponsored byCommerce are accessible to persons with disabilities. Accommodations may be arranged witha minimum of 10 working days' notice by calling 360-725-3087

Coronavirus Relief Funds (CRF) for Local GovernmentsProgram Guidelines

TABLE OF CONTENTS

General lnformation

1. Source of Funds......



4. lntended Use..

5. Eligible Costs

6. lneligible Costs


8. Cost Reimbursements.


1. Award Letter.

2. Working Papers .....

3. Contract ....

4. Reimbursement Requests

5. A-19 Certification and Activity Report....

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7

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II


You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds areavailable under section 601(a) of the Social Securi$ Act, as added by section 5001 of the CoronavirusAid, Relief, and Economic Security Act ("CARES Act").









The Coronavirus Relief Funds may only be used for costs incurred by local governments in response tothe COVID-19 public health emergency during the period of March 1,2020 thru October 31,2020.

The US Treasury's Guidance provides an end date of December 30,2020. This is the end date in whichthe state must have reimbursed all "recipients of the funds" (grantees) their costs incurred in response tothe COVID-19 emergency. ln order to allow time for Commerce to process final payments and conductcontract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures areonly being accepted on costs incurred through October 31, 2020.

All final reguesús for reimbursement must be submitted no later than November 15, 2020.

4. Intended Use



2. Are NOT accounted for in the budget most recently approved as of March 27 ,2020 (the dateof enactment of the CARES Act) for the State or local government. The "most recently

L





Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would notothenvise qualify under the statute. Although a broad range of uses is allowed, revenue replacement isnot a permissible use of Fund payments.




a




5. Eligible cosfs



. COVID-19-related expenses of public hospitals, clinics, and similarfacilities.


. Costs of providing COVID-19 testing, including serological testing.o Emergency medical response expenses, including emergency medical


a

a

2

a Expenses for establishing and operating public telemedicine capabilities forCOVI D- 1 9-related treatment.


. Expenses for communication and enforcement by State, territorial, local, andTribalgovernments of public health orders related to COVID-19.












o COVID-19-related expenses of maintaining state prisons and county jails, including asrelates to sanitation and improvement of social distancing measures, to enablecompliance with COVID-'t9 public health precautions.





¡ Unemployment insurance costs related to the COVID-19 public health emergencyif such costs will not be reimbursed by the federal government pursuant to theCARES Act or otherwise.

3

6. Any other COVID-1g-related expenses reasonably necessary to the function of governmentthat satisfy the Fund's eligibility criteria.

6. lneligible cosfs








7. Severance pay.


7. Eligible cosú úesf











Many costs are clearly eligible and others are in more of a grey area. One could probably justify some ofthe "grey area" costs based on the test, but are they directly addressing lhe immediate impacts? Possiblynot. ln these situations it may be safer and more appropriate to utilize the funds in one of the many othereligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the fullauthority to make the final call based on their circumstances and justification.

4






All final reguesfs for reimbursement must be submitted no [ater than November 15, 2020.


Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes,expenditures must be tracked at the sub-category levelfor the six (6) primary eligible cost categories, asfollows:

1. Medical ExpensesA. Public hospitals, clinics, and similar facilitiesB. Temporary public medicalfacilities & increased capacityC. COVID-19 testing, including serological testingD. Emergency medical response expensesE. TelemedicinecapabilitiesF. Other




5





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1. Award Letter





. A drafr contract template for review and to initiate the public process for authorization toexecute once the final contract is available for execution

. Working Papers

2. Working papers

Your grant award packet includes Working Papers. Ihe Working Papers ask for basic informationneeded to create a contract:



. Your Federal lndirect Rate

. Your fiscal year end dateo Name and title for the person authorized by the jurisdiction to sign the contract


3. Contract



7

4. Reimbursements

This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contractis executed. All grantees are required to set up a SWV number so funds may be sent electronically.Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month aslong as you have incurred documented eligible costs in response to the COVID-19 public healthemergency during the period of March 1 , 2020 thru October 31 , 2020. All final requests forreimbursement must be submitted no later than Noyember 15. 2020.


Access to CMS is available through the Secure Access Washington (SAW) portal. You will need tocreate a SAW account if you do not already have one. Please find detailed instructions here: Office ofFinancial Manaqement. lt may take up to three weeks after you submit thls information for an electronictransfer account to be set up. We will automatically receive your SWV number from the office that setsthem up.

Once logged into SAW, add the Department of Commerce to your 'services' and submit an Online A-19External User Request form. Then Commerce will add you as a new external user in CMS; and the CMSsystem will generate and email a registration code to you to complete the CMS registration.





Monitoring visífs may be scheduled.


ln order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include



8

and that the funds were used in accordance with section 601(a) of the Social SecurityAct, as added by section 5001 of the Coronavirus Aid, Relief, and Economic SecurityAct ('CARES Act').





. lnclude a brief description of the use of the funds being requested for each applicablesub-category. Keep descriptions as concise as possible, but include adequate contextto demonstrate how these funds addressed the COVID-19 emergency. lf applicable,please consider:







9

ATTACHMENT C

SCOPE OF WORK

The Board of Commissioners is directing up to $30,000 of business economic support to theRecipient using Federal CARES funding to reimburse incremental costs of the Recipientincurred relating to expanding its cold storage capacity of its food bank to meet the increasedfood assistance demands experienced during the COVID-I9 public health emergency. Thesefunds must be fully distributed by October 31,2020. Reimbursable expenses under the grantmust meet the eligibility criteria outlined below.

1. Etigibte Expenses:

Funds will be available to reimburse eligible cold storage costs incurred by the Recipientfrom MarchI,2020 thru October 31, 2020.

These costs may include

Cost of renting then acquiring and installing a 20 foot cold storage container, includingcosts of installing a concrete pad for the container to stand on; and

Cost of renting an additional 20 foot cold storage container needed until further foodstorage capacity of the Recipient's regional food bank partner is expanded, includingcosts of installing a concrete pad for the container to stand on.


The County shall make $30,000 of CARES funds available to the program that will be paidto the Recipient on a reimbursement basis.

All funds are to be disbursed no later than October 3 1, 2020.

3. ReimbursementProcess:

The funding will be provided via reimbursement to the Recipient upon its submission to theCounty of expenditure details, invoices, and other supporting materials supporting its use ineligible activities. The Recipient may only submit one request for Reimbursement permonth.


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\aàl*B'AGENDA ITEM SUMMARY


DepaÉment: Finance

WORK SESSION X Meeting Date:

REGULAR AGENDA X Meeting Date:


osltol2o2o

oslLel2o2o

Item summary:n Callfor Hearing X Contract/Agreement/MOU - Contract #

E Resolution n Proclamation n Budget Item

n oraft ordinance n r¡nal ordinance n otner Monthly Review


CARES SUBRECIPIENT AGREEMENT-SERENITY HOUSE OF CLALLAM COUNTY FORPROVISTON OF HOMELESS SHELTER COVID.l9 FINANCIAL ASSISTANCE:

BACKGROUND

During the BOCC Work Session held on June 15, 2020, several work groups assigned to identifliingpotential COVID-related needs in the County presented their recommendatíons, including the areãofhomelessness. Randy Johnson, Commissioner of Clallam County, who led the task group assigned toassessing needs in this area including representatives from SereniÇ House of Clallam County,requested that the County allocate a portion of the $4.18 million of CARES Act Funding allocated tothe County through the WA State Department of Commerce to provide grant funding ãssistance toSerenity House that has incurred significant incremental operating costs in operating its homelessshelter due to the COVID-l9 public health emergency and related Governor proclamations. Theseimpacts include:

. Reduction of its resident occupancy from 108 to 73 to meet social distancing requirementsunder the COVID-19 public safeÇ requirements;

. Establishment of 35 tent sites and purchase of additional bedding supplies from Marchthrough May to shelter those residents exceeding the shelter social distancing occupancy limit;. Increasing the daily operatíng hours of the shelter from !2 hours to 24 hours per day andincreasing meal seruice from one meal per day on weekdays only to three meals per day allweek in support of the Governor's stay Home-Stay safe proclamation;

. Repair and expansion of shelter kitchen equipment needed to handle increased meal demandsduring the COVID-19 emergency;Increased COVID-related sanitation cleaning supplies, weekly facility deep cleaning requireda

under COVID public health requirements, and increased pest contro and security servicesneeded due to the expanded hours of shelter operation during the COVID-l9 emergency; and

* Work Session Meet¡ng - Submit 1 single sided/notHouse 08052020

stapled copy Agenda Item Summary --CARES Grant Assistance Agreement--Serenity

** Regular Meeting - submit 1 single sided/not stapled copy and originals (1 or 3 copies)

Questions? Call Loni Gores, Clerk of the Board, od 2256

Revisedr 3-04-20L9

a Additional kitchen, security and janitorial staffing needed to support the expanded hours ofshelter operation during the COVID-19 emergency, with staffing levels going from 8 staff priorto the declaration of the COVID-19 emergency to 18 staff to operate the shelter during theCOVID-19 emergency.

As a result of the increased COVID-l9 related operating costs outlined above, Serenity's averagemonthly shelter operating costs increased from approximately $22,500 per month prior to the COVID-19 public health emergency declaration to approximately $62,000 per month during the COVID-l9emergency. While Serenity House under the SBA PPP loan program was able to partially fund itsincremental staffing costs through June, these funds have now been exhausted, leaving SerenityHouse with a significant funding gap during the ongoing COVID-l9 public health emergency.

Based on the financial impact these additional costs have had on Serenity House's financial reselves,the Homeless Assistance Workgroup put forth a preliminary request for assístance of g420,000.As a result of that meeting, the Commissioners in a follow up work session held on June 29, 20ZOagreed to allot $200,000 of CARES Act funding to fund a shelter financial assistance support grant toSerenity House.

As provided in Attachment B "Coronavirus Relief Funds for Local Governments Program Guidelines" inthe section entitled "Eligible Costs", specific provision of CARES funding is allowed under the costcategory "Expenses of actions to facilitate compliance with COVID-19 related public health measures"which allows CARES funds to be used for:

"Expenses for care for homeless populations provided to mitigate COVID-19 effects andenable compliance with COVID-19 public health precautions."

As such, we believe the provision of this CARES funded-assistance to Serenity House in support of itsincreased shelter operating costs incurred during the COVID-l9 is a fully eligible use of CARESfunding provided to the County and believe these costs satisñ7 the cost eligibility tests outlined by WAState Department of Commerce in Attachment B.

In consultation with Serenity House and the Prosecuting Attorney's Civil Division, we have preparedthe attached CARES Funding Grant Assistance Agreement for BOCC review and approval to providethe $200,000 of CARES assistance to Serenity House.

SERENIW HOUSE CARES FUNDING GRANT ASSISTANCE AGREEMENT

Using a CARES Subrecipient Agreement template developed by Kitsap County and modifrTing it to be adirect grant assistance agreement, we have prepared the attached agreement to provide financialassistance to Serenity House. The grant award of $200,000 may be used to reimburse SerenityHouse for shelter-related operating costs incurred during the COVID-19 emergency, with certainexclusions as laid out in Attachment C of the agreement. Funds will be disbursed to Serenity Houseon a reimbursement basis through October 31s based on monthly submissions of a reimbursementinvoice and suppotting documentation for the reimbursement amount being requested (includingcopies of invoices, accounting records, and other materials).

* Work SessionHouse 08052020

Meeting - Suþmit I single sided/not stapled copy Agenda Item Summary -CARES Grant Assistance Agreement-serenity

** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)


Revised: 3-04-2019

Budgetary 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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? E

As the cost of this CAREs grant assistance agreement will be reimbursable to the General Fund by theCARES Act funding allotted to the Counry there should be no net cash flow impact to the County.

Recommended action: (Does the Board need to act?

We request the Commissioner's feedback and apapproval during the next BOCC meeting.

If so, what is the depaftment's recommendation?)

proval to proceed in submittíng this agreement for

County Official s¡gnature & print name: rk Lane_NameofEmployee/Stakeholderattendingmeet¡ng:-MarkLane-

Relevant Departments: _Finance,

Date submitted:

August 5,2020

* Work SessionHouse 08052020

Meeting - Submit 1 single sided/not stapled copy Agenda Item Summary -CARES Grant Assistance Agreement-Serenity

** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)


Revised: 3-04-2019

a9 t.?o,oqCARES FUNDING GRANT ASSISTANCE AGREEMENT

This CARES Grant Assistance Agreement ("Agreement") is dated as of the _ day of2020, by and between Clallam County, a Washington political subdivision

("County"), and Serenity House of Clallam County, a Washington state non-profit 501(c )(3)or ganization ( " Recipient " ).

WHEREAS, Washington State has allocated to the County federal stimulus funding ("CARESFunds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of theCoronavirus Aid, Relief, and Economic Security Act and Section V and VI of the CARES Act("CARES Act") for the limited purposes identified in the Interagency Agreement between theWashington State Department of Commerce and Clallam County (ooIGA"), identified asAttachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines("Program Guidelines"), identified as Attachment B. Attachments A and B are attached heretoand incorporated herein by this reference.

WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State forcertain costs incurred in response to the COVID-I9 public health emergency during the period ofMarch l, 2020 through October 31, 2020, which may include reimbursement of expendituresincurred to respond directly to the emergency, including expenses incurred in support ofhomeless populations to mitigate COVID-l9 effects and enable compliance with COùID-I9public health precautions, as well as expenditures incurred to respond to second-order effects ofthe emergency, such as providing economic support to those organizations and businessesnegatively impacted by the COVID-l9 emergency.

WHEREAS, all requests submitted by the County to the State for reimbursement must be forexpenses that are l) connected to the COVID-l9 emergency; 2) necessary expenses, 3) notfilling a short fall in government revenues, 4) not funded thru another budget line item, allotmentor allocation, as of March27,2020, and 5) would not exist without COVID-19 or would be for asubstantially different purpose as provided in the IGA and Program Guidelines (collecti vely"Reimbursements")

WHEREAS, the Recipient during the COVID-l9 public health emergency has incurredsubstantial incremental expenses in adjusting the operations of its single adult homeless shelterto comply with shelter-in-place, social distancing and public health guidelines provided via theGovernor's Proclamation 20-05 and subsequent COVlD-l9-related proclamations, as well as tomeet increased service needs of homeless persons affected during the COVID-I9 emergency,including costs incurred related to the following:

o Reduction of its resident occupancy from 108 to 73 to meet social distancingrequirements;

o Establishment of 35 tent sites and purchase of additional bedding supplies from Marchthrough May to shelter those residents exceeding the shelter social distancing occupancylimit;

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Increasing the daily operating hours ofthe shelter from 12 hours to 24 hours per day andincreasing meal service from one meal per day on weekdays only to three meals per dayall week;Repair and expansion of shelter kitchen equipment needed to handle increased mealdemands during the COVID-l9 emergency;Increased COVID-related sanitation cleaning supplies, weekly facility deep cleaningrequired under COVID public health requirements, and increased pest control andsecurity services needed due to the expanded hours of shelter operation during theCOVID-19 emergency; and

Additional kitchen, security and janitorial staffrng needed to support the expanded hoursof shelter operation during the COVID-l9 emergency, with staffing levels going from Istaff prior to the declaration of the COVID-I9 emergency to 18 staff to operate theshelter during the COVID-I9 emergency.As a result of the increased COVID-l9 related operating costs outlined above, theRecipient's average monthly shelter operating costs increased from approximately522,500 per month prior to the COVID-l9 public health emergency declaration toapproximately $62,000 per month during the COVID-I9 emergency.While the Recipient was awarded funds under a SBA Paycheck Protection Plan ("PPP")loan which have helped to partially fund the Recipient's additional staffing costs, thefunds available under this PPP loan were exhausted at the end of June 2020,leaving a

substantial funding gap for the Recipient in financing its increased operating costs duringthe COVID-I 9 emergency.

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WHEREAS, the County believes the provision of this economic support to the Recipient isnecessary and appropriate given the Recipient's critical role in providing homeless services toimpacted, vulnerable residents of Clallam County, the severe financial impact the additionalexpenses incurred by the Recipient due to the COVID-l9 emergency are having on theRecipient's ability to continue funding its operations, and represents an eligible use of CARESFunds with such allocation of funds being consistent with the Reimbursement requirements;

V/HEREAS, the County and Recipient desire to enter into this Agreement so that the Countymay seek CARES Funds for appropriate and qualifying Reimbursements of grant fundsreimbursed to the Recipient by the County for provision of economic support under the IGA andProgram Guidelines.



CARES Funds. The County agrees to provide the Recipient a total sum not to exceed$200,000 on a reimbursement basis for eligible costs incurred during the COVID-l9

1

2

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J

public health emergency during the period of March 17,2020 through October 3I,2020based on eligibility criteria outlined in Attachment C.

Ineligible Costs. Non-allowable costs include, without limitation, the following: a)expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll orbenefits expenses for public employees whose work duties are not substantially dedicatedto mitigating or responding to the COVID-l9 public health emergency; d) expenses thathave been or will be reimbursed under any federal program, such as the reimbursementby the federal govenìment pursuant to the CARES Act of contributions by states to stateunemployment funds; e) reimbursement to donors for donated items or services; f)workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legalsettlements.

COVID-19 Reimbursement Request Support. To facilitate release of CARES funding tothe Recipient and the County's seeking reimbursement of CARES funding under theIGA, the Recipient will submit a detailed invoice in a form specified and approved by theCounty, on or before the 15th day of August, September, and October, detailing theeligible expenses incurred by the Recipient for which Reimbursement is being requested.Such schedule may be modified with the prior approval of the County. Failure to provideany of the required documentation may result in termination of the Agreement and in thewithholding and/or nonpayment of all remaining funds awarded to the Recipient by theCounty under the Agreement.

Termination. The County may terminate this Agreement, for convenience or otherwiseand for no consideration or damages, upon prior notice to the Recipient.

Independent Contractor. Each party under the Agreement shall be for all purposes anindependent contractor. Nothing contained herein will be deemed to create anassociation, a partnership, a joint venture, or a relationship of principal and agent, oremployer and employee between the parties. The Recipient shall not be, or be deemed tobe, or act or purport to act, as an employee, agent, or representative of the County for anypu{pose.

Indemnification. The Recipient agrees to defend, indemnify and hold the County, itsofhcers, officials, employees, agents and volunteers harmless from and against any andall claims, injuries, damages, losses or expenses including without limitation personalinjury, bodily injury, sickness, disease, or death, or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of theRecipient, its officers, directors, employees, andlor agents relating to the Recipients'performance or failure to perform under this Agreement. The section shall survive theexpiration or termination of this Agreement.

with La The Recipient shall comply with all federal, state,and local laws and all requirements (including certifications and audits) of the IGA andProgram Guidelines, to the extent applicable, when seeking Reimbursement.

4

5

6.

7

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9 Maintenance and Audit of Records. The Recipient shall maintain records, books,documents, and other materials relevant to its perforrnance under this Agreement. Theserecords shall be subject to inspection, review and audit by the County or its designee, theWashington State Auditor's Office and as required by the IGA and Program Guidelinesfor five (5) years following termination of this Agreement. If it is determined during thecourse of the audit that the Recipient was reimbursed for unallowable costs under thisAgreement or any, the Recipient agrees to promptly reimburse the County for suchpayments upon request.

Notices. Any notice desired or required to be given hereunder shall be in writing, and shallbe deemed received three (3) days after deposit with the U.S. Postal Service, postage fullyprepaid, certified mail, return receipt requested, and addressed to the party to which it isintended at its last known address, or to such other person or address as either party shalldesignate to the other from time to time in writing forwarded in like manner:

RecipientSerenity House of Clallam CountyAttn: Sharon Maggard, Executive DirectorPO Box 4047Port Angeles, WA 98363

Clallam CountyAttn: Mark Lane223 E 4th St, Suite 4Port Angeles, Vy'A 98362-3015

Improper Influence. Each party warrants that it did not and will not employ, retain, orcontract with any person or entity on a contingent compensation basis for the purpose ofseeking, obtaining, maintaining, or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferredwith a view towards obtaining, maintaining, or extending this Agreement.

10

11.

t2

14.

15

Conflict of Interest. The elected and appointed officials and employees of the parties shallnot have any personal interest, direct or indirect, which gives rise to a conflict of interest.

13. Time. Time is of the essence in this Agreement.

Survival. The provisions of this Agreement that by their sense and purpose shouldsurvive expiration or termination of the Agreement shall so survive. Those provisionsinclude without limitation Indemnification and Maintenance and Audit of Records.

Amendment. No amendment or modification to the Agreement will be effective withoutthe prior written consent of the authorized representatives of the parties.

Governing Law: Venue. The Agreement will be governed in all respects by the laws ofthe Washington State, both as to interpretation and performance, without regard to

4

16


17.

18

I9

20.

2t

22

conflicts of law or choice of law provisions. Any action arising out of or in connectionwith the Agreement may be instituted and maintained only in a court of competentjurisdiction in Clallam County, Washington or as provided by RCW 36.01.050.

Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising,any right hereunder shall operate as a wavier thereof; nor shall any single or partialexercise by the County of any right hereunder preclude any other or further exercisethereof or the exercise of any other right. The remedies herein provided are cumulativeand not exclusive of any remedy available to the County at law or in equity.

Binding Efiect. This Agreement shall be binding upon and inure to the benefit of the partieshereto and their respective successors.

Assignment. The Recipient shall not assign or transfer any of its interests in orobligations under this Agreement without the prior written consent of the County.

Entire Agreement. This Agreement constitutes the entire agreement between the Countyand the Recipient for the use of funds received under this Agreement and it supersedes allprior or contemporaneous communications and proposals, whether electronic, oral, orwritten between the parties with respect to this Agreement.

No Third Party Benef,rciaries. Nothing herein shall or be deemed to create or confer anyright, action, or benefit in, to, or on the part of any person or entity that is not a party tothis Agreement. This provision shall not limit any obligation which either Party has to theWashington State Department of Commerce in connection with the use of CARES funds,including the obligations to provide access to records and cooperate with audits asprovided in this Agreement.

Severabilitv. In the event that one or more provisions of this Agreement shall be determinedto be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalidprovisions shall be deemed deleted.

Counterparts. This Agreement may be executed in one or more counterparts, any ofwhich shall be deemed an original but all of which together shall constitute one and thesame instrument.

Authorization. Each party signing below warrants to the other party, that they have thefull power and authority to execute this Agreement on behalf of the party for whom theysign.

24

5


IN WITNESS WHEREOF, this Agreement is executed and shall become effective as ofthe last date signed below.

DATED this 5 day of Ê.,^.. <lr. ,2020.

RECIPIENT 6crrcnr\ ':ol*g' os Q\q'\\eon C-o r*r\g,

By:

PrintName: tr

Its: Ëxe.c^'-\i.1.- \'...-- \^ -

DATEI) this _ day of 2020.

APPROVED AS TO FORM by DPA Alvarez August 4, 2020.

BOÀRD OF COUNTY COMMISSIONERSCLALLAM COt NTY, WA.SHINGTON

MARK OZIAS, Chair



ATTEST

L. Gores, Clerk of the Board

6


ATTACHMENT A

INTERAGENCY AGREEMENT BETWEENTHE WASHINGTON STATE DEPARTMENT OF COMMERCE AND

CLALLAM COI.INTY

7


| | t/laslllr'r(lllctl 5l"tl''"í.i tråTiiiiiåi!,iå

L\þp\tt

f nteragcncy Agruemcnt wifü

Clallam County

through

the Coronavirus Relief Fund for Local Gor¡ernments

costs incurred due to the public health emergenry with respect tothe coronavirus Disease 2019 (covlD-l9) during the period oftlardr 1, 2020 tfrru October 31, 2020.

Start dete¡ March 1,2020

For

TÂBLE OF CONTENTS

Spociel T¡mr rnd Gondltim¡

1.2.3.4.5.6.7.8.9.

10.11.

AutfiorityAcknoudedgement of Fedaral Fundingean$æt îlanagemeGcrnpcnsatfon -........

Order of Precedcnc¿.

Êxpenses...lndirec't Costs...Billlng Procedures and Payment.....Àudit...Debarment..L¡rc.,,......,..

.1

1

1

1

1

1

1

.2

.J34

G¡n¡trl Lñrr rnd Gondttlon¡

Dcfinitions .........All WTitings Contained Herein.,.......AmendmentsAssignmcnt.Confrdential þ an d Safegua rdíng of lnbnnation..Copyright.DieputcsGoverning Law and Venuelndornnification,,..............Licensing, Accruditation and RcgistrationRecaptureRecods MaintenanceSavingsSeverabilitySubcontraåting...,..,.......SurvivalTermination fo¡ GauseTcrrnination tor conveniä;.,.....Termination ProeeduresWaiver........

Atü¡chment A, Scopr of WortrAttrchm¡nt B, Budgrt ß lnvoiclng,..,.,Attrchmtnt C, A-l I Grdifíc¡tion.........,Attrchm.nt D, A-19 Act¡vlty Rcport,,...

1.2.3.1.5.ô.7,Lo

'10,

11.12,13.14,15.1ê.17.18.19.20.

5555

..566677777v7I8III

10121315

FACE SHEET

Washington State Department of CommerceLocal Government Division

Community Capital Facilitie.s UnitCornnavirus Relief Fund f<¡r Local Governments

Contraet Number: 20-654 lC-00

l. Contractor

dallam County223 East 4th Sheet, Suite 4Port Angeles, IJVashington 98362-0389

2. Contractor Doing Business As (optional)

3. Contractor Representativo

Mark LaneClallam County Chief Financial OfficerQ6aJ4n-?:[email protected]. us

4. COMIIIERCE Reprerentative

Katrina PerezProject Manager(360) 688:6127Fax 360-586-5880Kalrina, Perez@commerce. wa. go v

P.O. Box 42525l0l I Plum Street SEOlympia, \4iA 98504-2525

5. Contract Amount

$4,180,550,00

ó. Funding Source

Federa,l: X State: Other: N/A:

7. Start Date

Ma¡ch l,2020

8. End Date

October 31,2020


$4,180,550.00

Federal Agencyl


CFDA Number:

2t.0t9

Indirect Rate {if applicable)

33.81V"

10. T¡x ID#XXXXXXXXXXXXXX

11. slvv#swv0000200-25

12. UBI #999999999

13, DUNS#

N/A

To provide ñ.¡nds for costs incu¡red due to the public health emergency with respect to the Coronavirus Disease 20 19 (COVID- l9)duringtheperiodofMarchl,2020thruOctober3l,2020.Final iavoicesmustbereceivedbyNovember 15,2020.

14. Contr¡ct Purpose

15. Signing Stqt€ment

COMMIiRCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms ofthis Contract and Attachments and have executed this Conkact on the date below and warant they ar- aúhorizsd. to bind theirrespectíve agencies. The rights and obligations of both parties to this Contract are governed by this Contuact and the followingdocuments hereby incorporated by reference: Attachment "A" - Scope of Work, Attachment "B" - Budget & Invoicíng, Attachment"C" - A-19 Certification, Attachment *D',4-19 Activify Report

L-à3+aApproved as to form only

4.D

F'OR

I

Clallam

Datc

LI

Director, Local Government Division

APPROVED AS TO FORM ONLY BY ASSTSTANTATTORNAY GENERAL O5-OI-2020.APPROVAL ON FILE.

FOR COMMERCE

Mark K.

Date

ilt

SPECIAL TERIIIIS ANÐ CONDITIONSINTERAGEI{CY AGREEIITENT

FEÐERAL FUNDS

I. AUTI{ORITY

COMMÉRCE and Contractor enler into this Contract pursuant to the authority granted by the lnterlocalCooperation Act, Chapter 39.34 RCW.

2. ACKNOWLEDGITENT OF FËDERAL FUNDS

Funds under lhe Contract are made available and are subject to Section 601{a) of the Social SecurityAct, as amended by section 5CI0't of the Coro¡avirus Aid, Relief, and €cçnomic Security Act {CAREéAct), and Ti{e V and Vl of the CARES Act.

The Contractor agrees that any publications (written, visual, or sound) but excludi¡g press releases,newsletlers, and issue analyses, issued by the Contractor describing programs or projects funded in wholeor in part with federal funds under this Contract, shall contain the following staiementè:

'Thìs project was supported by a grant awarded by US Department of the Treasury points ofview ¡n this document are those of the author and do nct necassarily represent the offcial positionor policias of the US Departmeni of the Treasury, Grant funds are administered by the LocalGovernrnent Coronaui'rus Relief Fund thru the Washington State Department of Commerce."

3. CONTRACTMANAGEHENT

Tha RepËstntativê fur each of the parties shell be reeponsiblc for and shall be the contact peæon lor allcommun¡cetiong and billings rcgarding the performanoe of üris Contract.

The Representafive for COMMERCE and their contact info¡mation ð16 ident¡fi€d on the Face Sheet ofthis Contrsct,

Ïho Representative for thè Contrector and their contact information are idcntified on tha Face Sheet ofth¡s Contrac[

1. COIUPENSATION

COMME,RCE shall pay an amount not to exceed the contract amount listsd on the Face Sheet for ltrepèrformånce of all thíngs n€cessary for or incidental to the performance of work under this Contract as setb¡th in the Scope of Wort (Attachment A).

5. EXPET{SES

Contnactor shall receive reimburserncnt for allowable expcnsee as ldentified in the Scope of Work(Attachment A) or as authorized in advance by TOMMERCE as rsirnbu¡sable,

Travei expences may include airfare (economy or coach class only), other transportatÍon expenses, andlodging and subslstence nêcessary during periods of required trsvel. Contractor shall recelv€ compensationbr travel expênses at currcnt state travel reimbursement rales.

6. l¡¡DtRECl COSTS

Contractor shall provide their indirect cost rate that has been negotialed between their entity and thc faderalgovernment. lf no such rate exists a de minímis indirect cost rate of 1AoÁ of modified total direct costs(MTDC)willbe ueed.

7. BITLIT{G PROCEDURES AND PAYMENT

COMMERCE shall reimburse the Contractor for eligible Projact.expenditures, up to the maximum payableunder lhis Contract. When requesting reirnbursemcnt for expenditures mâde, Contractor shall subrnit alllnvoice Vouchers and any required documentation electronically through COMMERCE's ContractsManagement Systam (CMS), which is avaÍlable through the Secure Access Washington (SAW) portâ1, tfthe Contractor has constraints preventíng access to COMMERCE's online A-19 portal, a hard copy A-19form may be provlded by the COMMERCE Project Manager upon rcquest

State of WashingtonOeparlment of Commerce

Version 072019Page {

lnteragency Agreemert

State of WashingtonDepartme nt of Cor¡morcs

SPECIAL TERüS AND CONDITIONSINTERAGENCY AGREEiIENT

FÊOERAL FUNÐS

The voucher must be cert¡fied by an official of the coniractor with ãuthority to bind the contractor. The finalvoucher shall be sulimitted to cbun¡e RCE no later than November 1s, za2a.

coMMERcE will pay Contractor upon acceptance of services provided and receipt of properly completedinvoices, which shall be submitted to the Representative for COfr¡n¡ERCE not more oftån tñan monthly.The invoices shall describe and_ documenl, to COMMERCE's satísfaction, reimbursable expenditures asset fcdh .un{er the Scope of Work (Attachment A) and Budget & lnvoicing tÁttaòÀmãnt gj. ine invoice strattinclude the Contract Nr¡mber as stated on the Fáce Sheet.-

Each voucher must be^qcgom¡anled by an A-19 C*erüfication (Attachment C) and A-19 Activity Report(Attachment D). The A'19 Certificallon musl be certified uy an authorl¡eC pany oî g,E Contätor io ce'rtnyand attest all expenditures submitted on the vo^r¡cher arc'in compliance ùittri¡s United States freasuryCoronavirus Relief Fund ("Fund") Guldance for State. Tenitorial, Local, and T¡bal Goveinments:

Tlt." l-'!1 Activity Report must be subrnitted which describes, in Excet spread¡heet and narrative form, adetailed breakdown of the expenditures within each applicable ouog¿i rru-r.t"go.V identified ¡n tirevoucher' as well 8s a rspôrt of expenditures to date. COMMERCE-øII not reþãse payment for anyreimbursement requ€st received unless and until theA-19 Certification and A-19 Activlty nepärt is receive{Afrer approving the Invoíce Vouchsr, A-19 Certificatlon and Activity Report, co¡,rn¡Ëhcr s¡"¡r prompuiremit a werrant to the Contractor.

Páyment shall be considered timely if rnade by COMMERCE within ttì¡rty (g0) calendar days ater receiptof properly completed invoices, Payment shall be sent to the address aeåiinaiea uy F,e coìrtractor.COMMERCE rnay, in its sole discretion, termlnate the Contråct or withhold payments claimecl by theContractor fur services rendered if lhe Gontractor fails to satisfactority coàfty wilrr äny term or condilion ofthls Contracl

No payments in advalc_e_or in anticipation of services or supplies to be provided under this Agreement shât¡be made by COMMERCE.

Duolication 0[ Billed Costs

The cÐntrector shal{ rrot bill COMMERCE for services performed under this Agreernent, and coMMÊRCEshall not pay the Contractor, if the Contractor is entitled to payment or has beeñ or will be paid by

"ny oth",

source, including grants, for that service.

Disallowed Costs

The Contractor is responsible for any audit exceptions or disallowed costs incuned by its own organizationor that of its subcontractors.

Should the Contrâctor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwiseinappropriately, it ís the responsibility of the Contractor to reímburse Commerce ijr any amount spent ondisallowed costs.

8. AUDIT

Contractor shall maintain internal controls providing reasonable essurance it is managlng federal awardsin compliance with laws, regulations, and provisions of contracts or grant agreementã that could have amaterial effect on sach of íts- federal programs; and prepare appropriáte fina*ncíal statements, including aschedule of expenditures of federal awards.

lf the Contractor is a subrecipielt and expends $750,000 or more in federal awards from any and/or allsources in any fiscat year, the Contractor shall procure and pay for a single audit or a progråm-specificaudit for that fiscal year, upon completion of each audit, the coniractor shail:

Veaion 072019Page 2

lnteregency Agr€emônt

SPËCIAL TERMS AND CONDITIONSIñITERAGEI.¡ C Y AGREE¡NENT

FEDERAL FUNDS

A. $ubmit to COMMËRCË the reporting package specÍfied in OMB Super Circuiar 2 CFR 200.501,reports required by the program-specifìc audit guide (if applicable), and a copy of any maflagementletters issued by the auditor.

S. Submit to COMMERCE followup and developed corrective action plans for aül audit findings

lf the Contractor is a subreoipienl and expends less than $750,000 in federal awards from any and/or allsources in any fiscal year, the Contractor shall notify COMMERCË they did not rneet thâ singte auditrequirement.

The Contractor shall send all singfe audit documentation to avditrevaew(Ocommqrce.wa.oov.

9. DEBARTEiIT

A. Contractor, defined asthe primary participant and it principafs, certifies by signlng these GeneralTermsand Condhions that to the beÊt of its knowiedge and belief that they:

i. Are not presently debarred, suspended, proposed for dabarment, declared inelígible, orvoluntarily excluded from covered lransaetions by any Federal department or egency,

,i Have not within a three-yeat period precrading this Contract, been convicted of or had a clviljudgment rendered against them for cornmission of fraud or a criminal oñense in conneci.ionwith obtainíng, altempting to obtain, or performing a public or private agreement or transaction,violation of Federal or Stete antitrust statutes or comrnission of embezzlement, theft, forgery,bribery, falsification or destruction of records, rnaking false sta:tements, tax evasion, receivingstolen property, rnaking Êalse claims, cl'obstruction of justìce;

iii. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity(Federal, State, or local) with commission of any of the offrenses enurnerated in paragraph{1Xb) of federalExecutive Order 12549; and

iv. Have not within a three-year period preceding the signing of this Contract had one or morepublic transactions (Federå|, Ståte, or local) terminated for cause of default.

B. Where the Contractor is unable to certify to any of the ståternents in this Contracl, the Contrqctor shalJâttach an explanation tCI this Gontrâct.

C. The Contractor âgtees by signing this Contract that it shalf not knowÍngly enter into any lower tiercovered transaction with a person who is debarred, suspended, declared inelìgible, or voluntarilyexcluded from part¡cipation in lhis covered transaction, unless authorized by COtvIMERCE.

D. The Contractor further ãgrees by signing this Contract that it will include the clause titled "CertificalionRegarding Debarment, Suspension, lneliglbility and Voluntary Exclusion-Lower Tier CoveredTransaction," as follows, wiihout modification, in all lower tier covered transactions and in allsolicilations for lower tier covered transactions:

LOWER TIER COVËRED TRANSACTIONS

i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals ispresently debaned, suspended, proposed for debarment, declâred ineligible, or voluntarílyexcluded from participation in this transactíon by any Federal department or agency.

ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract,such contractor shall attach an explanation to this Contrãct.

E. The terms covered lransactlon, debarued, suapendad, ineligible, lower tier coversd transaction,pe¡son, primary covered transaction, prlncipal, and voluntarily excluded, as used in this sestion,have the rneanings set out in the Definitions ànd Coverage sections of the rules implementing ExecutiveOrder 12549. You may côntact COMMERCE for assistance in obtaining a copy of these regulations.

r0, LAWS

The Contractor shall comply with all applicable laws, ordinances, codeç, regulatíons, and policies of Tocal,state, and federal governments, as now or hereafter amended, including, but not limited to:

State oiWashingtonOepartment of Commerco

Version 07201 IPage 3

lnt6ragêncy Agrsêfisnt

SPECIAL TERNNS Ai¡D CONDTTIOHSINTÊRAGENCY AGREETENT

FEÐERAL FUNDS

Unltsd 3t¡ter Lrws, Reoul¡tione and Clrcuhr¡ lFcdarrltp{ra9to1s]tall compiy with UnÌfurm Administrative Requírements, CostPrinciptes, and AuditRequirementfor FederalAward, 2 CFR 200, Subpart F - Audit Requirements.

Contractor shall comply_ wjth-the applicable requirements of 2 CFR trart 2û0, including any futureamendments to 2 CFR Part 200, and any süccessor or replacement Office of Management and-Budget{OMB} Circular or egr,rlation.

Contractorshall comply with Omnibus Crime Control and Safe strcets Actof 1968, Tit{e Vl of the Civíl RightsAct of 1964, Section 504 of the Rehabilìtation Act of 1873, Title ll of tha Americans with Oisabitites Aõt of1990, Title lX of the Education Amendments of 1972, The Aga oiscrirnination Ac"t nf 1875, and TheDelartrnent of Justioe Non-Discrìminalion Regulations, 28 G.F.R. Pañ42, Subparts C.O,Ë. and €, and 28C.F.R. Part 35 and 39.

fT. ORD€R Of PRECEDET¡GÊ

ln the event of an inconsistancy in ttris Contract, the inconsistency sfiall ,be resolved by giving preædên6ein thê fô{lou/ing ordèr":

Applicable federal and state of Washington statutes and regulatrons

Spacial Terms and Condjtions

Gcneral larms and Condhlons

Attachrnent A - $cope of Work

Afiachrnent I - Budget & lnvoicing

Attachrnent C - A-1 I Cerlification

Attach,ment D - A-19 Activity Report

a

a

a

!

a

a

a

State of WashingtonDepa¡tment of Commê.c6

Ve¡sion 072019Page 4

lnt€rag€ncy Agreement

GEI'ERAL TERII'IS AND CONDITIONSINTERAGENCY AGREEMENT

FEDERAL FUNDS

1. DEFINITIONS

As used throughout this Contract, the following terms shall have the meaning set forth below:

A. "Authorized Representative" shall rnean the Director andlor the designee authorized ín writing toact on the Director's behålf.

B, "COMMERCE" shall mean the Department of Commerce.

C. "Contracfl or "Agteernent" means the entire written agreement between COMMERCÊ and theCo¡t¡actor, íncluding any attachments, documents, or rnaterials incorporated by reference. Ë-mailor facsirnile transmissÍon of a signed copy of this contract shall be the sarne as delivery of anoríginal.

D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under thisContracl and shall include all employoes and agents of the Contractor.

E. "Personal lnforrnation' shall rnean information identiffable to any person, incfuding, but not limitedto, information thai relates to a person's narne, health, finances, education, busjness, use or receiptof gcvernmental servioes or ofüer activities, addresses, telephÐns numÞrs, social securÌiynumbers, driver iicense numbers, otherideniising numbers, and any financial identifiers.

F. "State" sha{l mean the ståte of Washington.

G, "Subcontracto/' sha{l mean one not ìn the employment of tha Conlractor, who is perfonming all orpert Õf those sarvices under this Conti-acl under a separate contiact with the Contractor Tha terms"subcontractoi' and "subcontractors" mean subcontractor(s) in any tier,

2. ALL TYRITITIGS GOiITAJNED HEREIN

This Contract conlains all the terms and conditions agreed upon by ttte pârtìes. No otherunderstandings, oral or othenvise, regarding ihe subject matter of this Contract shall be deemed toexist or to bind any of thê parties hereto.

3. ATENDMEi¡TS

This Contract may be ame¡ded by mutual agreement of ihebindíng unless they are in writing and signed by personnelau

¡1. ASSIGf{ilENT

State of WâshingtonDepartment of Commcrce

partres.thorized

Such amendrnents shall not beto bind each of the parties.

Neither this Contract, work thereunder, nor åny clairn arising under this Contract, shall be transfenedor assigned by the Contractor without prior written consent of COMMERCE.

5. COI{FIDENTIALITY Ai¡Ð sAF€GUARDING OF INFORIIIAÍIOT{

A. "Confidential lnformation" as used in this section íncludes:

i, All material provided to the Contractor by COMMERCÊ thãt is designated as "confidentiat" byCOMMËRCE;

ii. All material produced by the Contractor that is designat€d as "confidential'by COMMERCE;and

iii. All personal ínfonnation in the possession of the Coniractor that may not be disclosed understate or federal law.

B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,sale, or disclosure of Confidentiai lnformatíon. Ihe Contractor shall use Confidential lnformationsolely for the purposes of this Contract and shall not use, share, transfer, seli or disciose anyConfidential lnformation to any third party except with the príor written consent of COMMERCË oras may be required by law. The Contractor shalltake all necessary steps to assure that Confidentíallnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure ofConfidential lnformation or violation of any state or federal laws related thereto. Upon request, theContractor shall provide COMMERCE with its policies and procedures on confidentiality.

Vers¡on 072019Page 5

Interagency Agreement

COMMERCE lay require changes to such poiicies and procedures as they apply to this Contractwhenever COMMERCE reasonably delermines that changes are necesiary to preventunauthorized disclosures. The Contractor shall make the changãs within the time pórioC specifiedby COMMERCE. Upon request, the Contractor shall immediately return to CÓtrlndenbe anyConfidential ,lnformation that COMMERCE reasonably determinês has not been adequatelyprotected by lhe Contractor against unauthorized disclosure.

C. Unauthori¿ed Use or Disciosure- The Contractor shall notify COMMERCE within five (S) workíngdays of any unauthorized use or disclosure of any confdential information, and shaJl take necessar!steps to mitigate the harmful effects of such r,¡se or disclosure.

6. COPYRIGT{T

Unless otherwise provided, all Materials producad under this Contract shall be considered "works forhire" as defined by the U.S. Gopyright Act and shall be owned by COMMERCË. COMMERCE shafi beconsidered the author of such Materiajs. ln the event the Materíals are not oons.idered .works for hire"under the U,S. Copyright laws, the Contractor hereby irrevocably assigns all right, ti¡e, and interest ìnall Materials, includìng all intellectuaì property rlghts, moralrights, and rigirts otpúnlic¡ty to COiTIMERCEeffective from the moment of geation of such Materials.

"Materials' means all Ítems in any format and includes, but is not lirnited lo, data, reports, documents,pamphlets, adveftisements, books, magaeines, surueys, studìes, oompuler progratns, filrns, tapes,and/or sound reproductíons. 'Ownership' includes the right to copyright, pateni, register ano t+re ability!o transfer these rþhts.

For Materials that are delivered under the Contract, but that incorporate pre-existing malerials notproduoed u'nder the Contract, the Contractor hereby granis tc CCIMMERCE a nonexclusìve, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproducä,distribute, prepare derivative works, publicly peúorm, and publlcly display. The Cont¡,actor warrants andrepresents that the Contractor has alf rights and permissions, inaluding intellectuaf properly rþhts,moral rights and rights of publicity, necessery to grânt such a iicense tÒ COMMERCE_

The Contractor shall exert all reasonable effort to advise COMMERCE. at the time of detivery ofÎtáateials fumished under this Contract, of all known or potential invasio,ns of privacy contained theieinand of any portion of such document which was not produced in the perforrnance oi this Conlract. TheContractor shall provide COMMERCË with prompt written notice of each not¡ce ff claim of infringementreceived by the Contractor with respect to any Materlals delivered under this Contract. COMMERCEs,hall have the right to modify or remove any restrictive markings placed upon the Materials by theContractor.

f. DISPUTES

ln the event thai a dispute arises under this Agreement, it shall be determined by a Ðispute Board inthe fol,otving manner: Each party to this Agreement shall appoint one member to the Dispute Board.Ïhe members so appointed shall jointly appoínt an additional member to the Dispute Board, TheDispute Boa¡d shall review the facts, Agreement terms and applicable statuteâ and rules and make adelermination of the dispute The Oispute Board shall thereafter decide the dispute with the majorityprevailing. The determination of the Dispute Board shall be final and binding on the parties heretó. ¡san alternative to this process, either of the parties may request intervention by the Governor, asprovíded by RCW 43.17 330, in which event the Governor's process wíll control.

8. GOVERi¡IHG LAWANT} VENUE

This Contract shall be construed and interpreted jn accordance wíth the laws of the state of Washington,and any applícable federal laws, and the venue of any action brought hereunder shall be in the SuperiorCourt for Thurston County.

Stata of WashingtonDepartment of Commercc

GENERAL TERtlS AND CONDtTtoNSINTERAGENCY AGREEiIIENT

FEDERAL FUNDS

Ver3ion 072019Page 6

lnteragency Agreernent

CE¡¡ERAL TÊRTS AND CONOITIONSINTERAGENCY AGREËMENT

FEÞERAL FUNDS

9. I}¡DETINIFICAT¡ON

Each party shãil be sûlely responsible for the acts of iis ernployees, officers, and agenls-

f O. LICEiISING. ACCREDITATION A'{D RECISTR.ATION

The Conlractor shall comply wilh all applicable local. state, and federal licensing, accredilation andregistration requirements or standards necessary lor the performance of this Contracl"

11. RËCAPTURE

ln the event fhat the Contractor fails to perform this Contract in accordance with state laws, federallaws, ardlor the provisions of this Contract, COMMERCE reserves the right to recapture funds in anarnount to compensate COMMERCE for the noncompliance in addition to any other remedies availableal law or ín equity.

Repayrnent by the Contractor of funds under this recapture provision shall oocur within the tirne periodspecified by COMMÉRCE. In the alternative, COMMERCE rnay recapture such funds frorn payrnentsdue under this Contract.

12. RECORDS MANTET{ANCE

The Contractor shall maintain books, records, documents, data and other evidence relating !o th¡scontract and perfor'mance of the services described herein, including but not limited to accolntingprocedures and practices that suffíciently and properly reflect all direct ànct indirect costs of any naturãexpended in the perfornrance of this contract.

The Contractor shall maintain records that identify, in its accounts, all fuderal awards received andexpended and the federal programs under which they wee received, by Catelog of Fcder¡l DomastÍcAssìstance (CFÐA) title and number, award number and year, name of the fadeiat agency, and nameof the pass{hrough entity.

The Contractor shall retein such records for a period of six {6) yaars following the date of final paym€nt.At no addìùional cost, these records, including rnateríals generated underthe c¡ntract, shali b'e éubjectat all reasonable times to inspection, review or audit by COMMERCE. personnel duly euthori¿eci byCOMMERCE. the otfice of the State Auditor, and federal and state officials so autitorized by law,regulation or agæement.

lf any litigation, claÍm or audit is started before the axpiration of the six (6) year period, the records shallbe reteined until all litigation, claims, or audit findings involving tne recoidi have been resolved.

f3. sAvrNGs

ln the avent funding fron_r state,, federal, or other sources is withdrawn, reduced, or limited in any wayaËer the effective date of this Contract and prÍor to normal completion, COMMERCE may suspenu oiterrninate the Contract under the "Termínation for Conveniencs" clause, without the ten éalenãar daynotice requirement. ln lieu of termination, tha Contract may be arnended to reflect the new fundinilimitations and conditions.

I{. SÊVERABITITY

The provisions of thís contract are intanded to be severable. lf any term or provision is ilfegal or invalidfor any reason whatsoever, such illegality or invalidity shall not affect the validity of the rèmaínder ofthe contract,

15. SUBCOT{TRACT'i¡G

The Contractor may only subcontract work contemplated under this Contract if it obtains the pr¡or wr¡ttenapprovalof COMMËRCË,

. lf COMMERCE approves subcontracting, the Contractor shall maintain written procedures related tosubcontracting, as wefl as copies of all subcontracls and records related to subcontracts. For cause,COMMERCE in writing may: (a) require the Contractor to amend its subcontractíng procedures as they

State of WashinglonDepartm€nt of Commorcs

V6rsíon 072019Page 7

f nteragency Agreement

GENERAL TERiIS AND CONOITICINSINTERAGEN CY AGREEMEN¡T

FEDERAL FUNOS

relate to this Contract; {b) prohibit the Contractor from subcontracting with a particular person or entity;or (c) require the Cont¡actor to rescind or amend a subcontract.

Every subcontract shall bind the Subcontractor to follow all applicable terms ol this Contract. Contractorshall incorporate 2 CFR Part 2û0, SuhpaÍ F audit requirements into all subcontracts. The Cont¡actoris responsible to COMMERCE if the Subconlractor fails to comply witfr any applicabte term or conditionof this Contract. The Contractor ehall appropriateiy monitor the actívities of the Subcontractor to assurefiscai conditions of this Gontract. ln no event shall the existence of a subcontract operate to releaæ orreduce the liability of the Contractor to COMMERCE for any breach in the perfionnance of theContractor's duties,

Êvery subcontract shall include a terrn that COMMERCE and the State of Washingicn are not liable iorclaims or damages arising from a Subcontractor's perforrnance of the subcontract.

16, SURVIVAL

The tenns, conditions, and warranties contained rn this Contract that by th€¡r sense and context areintendad to survìve the completion of the performance, cancellation or tennination of this Gontract sha{lso sur\rive.

17. TERIIT'IATION FOR CAUSE

ln the event COMMERCE detarmines the Contractor has failed to comply with the conditions of thiscsntrect in a tírne1y mañner, CCIMMERCE has the right to suspend or terminate this contract, Beforesuspending or Terminatjng the contract, COMMERCE shall notify the Contractor in writing of the needto take corrective aêtion. lf corrective action is not taken within 30 calendar days, the contract may beterminated or suspended.

ln the evant of iermination cr suspension, the Contractor shall be liable for darnages as authorized bylaw including, but not limited to, any cost difference between the original contmct and the replacementor cover contr€ct and all administrative costs directly related to the replacernent contract, e.g., cost ofthe competitive biddìng, rnailing, advertising end stafft¡me.

COMMERCE re$erves the right to suspend all or part of the contract, withhold further payments, orprohiÞit the Contractor from incurring additional obligations of funds during investigâtion of the aìlegedcomplíance breach and pending corrective action by the Contractor or a decìsion by COMMERCE totermínate the contract. A termination shalf be deemed a "Termination for Gonvenienog" if it isdetermined lhat the Contractor: (1) was not in default; or (2) failure to përfurm was outside of hís or hercontrol, fault or negligence.

The rights and remedies of COMMERCE provided in this contract are not exclusive and are in additionto any other rights and remedíes provided by law,

18. TERMI¡IATION FOR CONVENIÉi¡CË

Except âs otherwíse províded ln this Contract, COMMERCË may, by ten (10) business days writtennótice, beginning on ihe second day after the maìling, terminale this Contract, in whofe or in part. lf thisContract is so terminated, COMMERCE shall be liable only for payrnent required under the terms ofthis Csntract for services rendered or goods delivered prior to the effective date of termination.

f 9. TERIUIINATION PROCEDURËS

Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,may require the Contractor to deliver to COMMERCE any property specifically produced or acquiredfor the performance of such part of this contract as has been terminated. The provisions of the"Treatment of A€sets" clause shall apply in such property transfer,

COMMERCE shall pay to the Contractor the agreed upon price, íf separately stated, for cornpletedwork and services accepied by COMMERCE, and the amount agreed upon by the Contractor andCOMMÊRCE for (i) completed work and seruices for which no separate price is stated, (ii) partiallycompleted work and services, (iii) other property or services that are accepted by COMMERCE, and(iv) the protection and preservation of property, unless the termination is for default, in which case theAuthorízed Representatíve shall determine the extent of the liability of COMMERCE. Failure to agree

Stete of Waghi¡gton lnt€rãgencyAgr€ement Version 07201gDêpartment of Commerce Page I

GENERAL TERIIIS AHT} C(¡NÐITIoIìIsINTERÄ.GEHCY AGREEñNENT

FEDERA¡- FUNDS

w¡th such determination shall be a dispute within ihe meaning of the "Disputes,' clause of this contract.COMMERCE may withhold from any amounts due the ðontractor such sum as the AuthorjzedRepresentative deterrnines to be necessãry to protect COMMERÛE against potential loss or liability.The rights and remedies of COMMERCE provided in this section shall not be exciusive and are inaddition to any other rights and remedies provided by law or under this contract.

After receipt of a notice cf termination, and except as othe¡wise directed by the AuthorizedRepresentative, tne Contractor shail:

A. Stop work uncJer the contr.act on the date, and to the extent specified, in the notìce;

B' Place no further orders or subcentracts for materiais, services, or facilities except as may benecessary for completion of such portir:n of the work under the contract that is not termìnatedf

C. Assign io COMMERCE, in the me¡ner, at the tir¡es, and to the extent djrected by the AuthorizedRepresentative, all of the rights, title, and interest of ihe Contractor under the orders andsubcontracts so terninated, in whích case COMMERCE has the right, at its djscretion, to set¡e orpay any or all claims arising cut of the terminatjon of such orders aãd subconiracts;

D. SettJe aìl outstanding liabilities and all ¿laims arising out of such iermination of orders andsubcontracts, with the approval or ratification of the Authorized Representative to the êxtent theAuthorized Representative may require, which approval or ratification shall be fÌnal for all thepurposes of this clause;

E. Transfer title to COMMERCE and deliver in the manner, at lhe tirnes, and to the extent directed bythe Authorized Representative any property which, if the contract had been cornpleted. would havóbeen required to be furnished to CCIMMERCË;

F. Complete performance of such part of the work as shall not have been terminated by the AuthorizedRepresentative; and

G. Take such ection as rnay be necessary, or as the Authorized Representative may direct, for theprotection ãnd presêrvetion of the property related to this contract, which is in thé possession ofthe Contractor and ìn whích the Authorized Represêntative has or mË¡y acquire an inierest.

20. luatvER

Waiver of any default or breach shall not be deerned to be a waiver of any subsequent default or breach.Any waiver shafl not be construad to þe a mcdification of the terms of Ûiis Contåct unless stated to besuch in wríting and signed by Authorized Representative of coMMERcE.


Versioñ 072019Page I


Scope of Work

This fundíng is made availabfe under sectlon 60-1(a) of the Socíal Security Act, as added by section s001of the Coronavírus Aid, Reliel and Economic Security nct 1;'òÃRes ¡drl àiJ sããt¡* v and vt of thecAREs Act' for costs íncune{qç! the public health åmergàncy øtn ,espict to tne Coronavirus Disease2019 (covlD-l9). Under the CARES Act, the Coronavirus ñet¡eír'uno may ue u.ãJ tã .or*r eosts that:

l ' Are nece¡sery expanditung incurred-due to the public hcalth ernerggncy wlïr respect to theCoronlviru¡ Dise¡re 20t9 (COVID-{9}; AND

2' Are not ¡ccountcd for in the budgct_mort rccrntly rpproved ¡s of iltlerch zT, mzo {the deteof errrctmrnt of the cAREs Act) forttre st¡tr or gbväinmrnt.

!hes9 funds may be used to reirnburse for expenditures incurred during the period of Marci 1, 2020 thruoct' 31,2020. Please note: ln order to ensure ail funds have beËn ru¡fv utirizeä'prior to the Us]1e1slry's Decemþer 30, 2020 end date, the State of Washington mt¡st closeout contracts by october31' 202Û' All final requests for reirnbursement must be receivãd no later than November t5 2020.

Expenditures rnust be used for necessary actíons taken to respond to the public health emergency. Thesernay include expenditures incurrect to allow the local gov€rnmentto respond direcfly d irre emergency, suchas by addressing rnedicai or public health needs, as we{l as expenditlr"u ¡ncuiní,1'io rãspono to second-order effects of the emergency, such as by providing eccnomic support ùo those rur.rìng üor ernptoymentor business interruptions due to coVlD-1g-related Éusiness ctosdrss.

Funds "may nol be used to fill shortfãlls ín government revenue to cover expenditures tfiât would not

othenivt'se qualify under lhe statute. Although ã broad range of usas is allowed, rãu"n.e ,epracement is nota permissìble use of Fund payments.

l-avme11s may be used onfy to cover cosis not accounted for in the budget most recenfly approved as ofMarch 27, 2020. A cost meets this requirement if either:

l The cost cannot fawfully be funded using a line item, allotmen! or allocation within that budget; oR

2- The cost is for. a substantially different use from any expected use of funds in such a line item,allotment, or allocation,

Ïhe "most recently apploved" budget is the enacted budget for the relevanl fiscaf period for the particulargovernment. A cost is not consídered to have been accounied for in a budget m"*fy U"""u"e it could bemet usÍng a budgetary stabilìzation fund, rainy day fund, or similar reserve account.

Allow¡ble ex¡andltura¡ lnclude. but ¡ro not limltod to:

Attachment A

Medical expenses such as:a. COVIÐ-19-related expenses of public hospitals, clinics, and similar facilíties.b. Expenses of establishíng temporary public medical lacilities and other measures to increase

covlD-19 treatment capacity, including related construct¡on costs.q costs of providing covlD-19 tesiing, including serological tesfing,d. Emergency medical response expenses, inctuoing eniergency nieO¡cat transportation, relatedto COVIO-19.

e' Expenses for establÍshing and operating public telemedicine capabilities for COVID-19-retatedtreatment.


I

Statê of WeshingtonDepartment of Commerce

Varsion 072019Page 10

lntêregency Agre6mônt

2

a. Expenses for communication and enforcement by Stale, territorial, local, and Tribalgovernments of public health orders related to COVIÐ-19.b. Ëxpenses for acquisition and distributíon of medical and protective supplies, includingsanitizing products and personal protectíve equipment, for medical personnel, police officerslsocial workers, child protection seryices, and child welfare officers, direct service providers loroider adults and índividuais with disabilities in communíty settings, and other public health orsafety workers in connection with the coVlD-19 public health emergency.c. Expenses ior disinfectíon of public areas and other facilities, e.g., nursing homes, in responseto the COVID-19 public heatth emergency.

d. Expenses for technical assistance to local autho¡ities or other entities on mitigatíon of COVID-19-related threats to public health and safety.

e. Expenses for publíc safety measures undertaken in response to covlD-1g.f. Expenses for quarantining individuais.

Payroll expenses for public safety, public heafth, health care, hr./man services, and similaremployees whose services are substantially dedicated to mitlgating or responding to the COVID-19 public health emergency.

Expenses of actions to facilitate compliance wiih COVID-19-related public health measures, suchas:€¡. Expenses for food delivery to residents, including, for example, senior citízens and other

vulnerable populations, to enable compiiance with COVID-19 public health precautions.b. Expenses to facílitate distance learning, including technologiial improvements, in connection

wíth schoolclosings to enabte compliance with COVID-1g precautions.c. llPenses to improve telework capabilitíes for public employees to enable compliance with

COVID-1 S public health precautions.d. Êxpenses of providing pald sick and paid family and medicat teave to pubtic employees to

enable compliance with COVID-19 public health precautions.e. COVÍ D-19-related expenses of maintaining state prisons and county jails, includíng as relates

to sanitation and improvement of social distancing measures, to enable compliance wÍthCOVID-'1 I public health precautjons.

f, Expenses for care for homeless populatíons provided to mitigate COVID-19 effects and enablecompiiance with COVID-19 public health precautions.

Expenses associated with the provision of economic support in connection with the GOVID-1gpublic health emergency, such as:a. Expenditures reiated to the provísion of grants to small businesses to reimburse the costs of

business interruption caused by required closures.b. Expenditures related to a State, territorial, local, or Tribal government payroll suppor-t program.c. Unemployment insurance costs related to the COVID-19 public heafth emergency if such-costs

will not be reimbursed by the federal government pursuant to ihe CARES Aót or otherwise.

Any other COVID-l9-related expenses reasonably necessary to the function of government thatsatisfy the Fund's eligibility criteria.

Attachn¡ent A

Version 072019Page 1 1

o

State of Wash¡ngtonDeparlment of Commerce


Attachment B

Budget & lnvoícing

The tontractor shall determine.the appropríate budget and use of funds within the following 6 budgetcategories and their sub-categories:

1. Medical2. Public Heatth3. Payroll1. Actions to Comply with pubtic Health Measure$5. Economic Support6. Other Covid-19 Expenses

The Contractor shall submit invoice reimbursement requests to the Commerce Representative using theCommerss Contract Managcment System's (cMS) Online A-'lg Portal. Each reimbrirecnent reqriest-mustincluda:

1. A-19 Certilication form - An authorized party of the local government will certify each invoice {A1g)submitted fur reimburEement and attast that all incured expenditures rneet the US TreasuryDcpartment's

23

A-19 Activity ReportA detailed breakdown of the expenditures incurred within each applicable budget sub-category onthe A-19 Activity Report.

The A-19 Certil'rcation and Àctivity Rcport tamplates will be provided with the executad contr.6{. ThEdocumente are included ln Att¡chman't G and Altichment D forieference.

Receipts and proof of payment for costs incurred do not need to bo submitted with A-1gs. All contracto¡sarc requked to m¡int¡in accountìng rscords ln eccordance wlttr state and fuderal hws. RecordB must besul'f1c¡€nt to demonstrate the funds h¡ve been used ln accordance with section ô01(d) of ütê¡ocielseairÇAct. Commerce t€s€ru€{¡ tha nþht to ¡udit any costs submitted for reimbursemeàt. me Conü¡¡ctor shellcomply with Commeroe A-19 eudits and provide thc appropriata rccords upon requert.

State of WashDepartment of

ingtonCommelce

Verslon 072019Pags l2

lnteragcncy Agre€mênt

Att¡chment G

¡)

LocAL 6ovERr{ rill?fli..Iâff us RE Lr EF Fur{ o s

l, Ü, ¡rn lhe rlltltr Df 4or9lt€o!![rHÞ. ¿nd t qertifu that:

1, I heve the authority and approval l¡om the governing body on beh¡lf of ttle loc¡l66v€rnmÊnt to requ¿ct reimbur¡ementfrom the DepÐrtm€nt of commerce{cornmercef per coñrräct nunrbe r {ffi, GffitGt lßrÞ f r.onr rheallocation of tlre coron¿virus Relief Fund as cr.eated in section s@i of H.ñ,?4.g, theCoronavirus Aid, ffelieli and €concmic Security Act {',CAffES Act") for eligibleexpeûditure¡ hcluded on the corespcndirrg A-19 invoice vourherfor report period<l$ilYtçOftüârttr.

I undersl¡nd thst ¡s ådditional federal guidance becomes av¡ilable, a conìr¡ct¡msndfl}enì to the agreementb€twEen cornmerce and the Local Gov€ftm€nt mðvbeconre necêss¡ry.

3. lündÈrsr¡nd Conrmerce will rely on this cert¡f¡cetion ¡s ¡ ln¡teri¿l æprêsentat¡ùn inprocessirg thi.s reirnl¡ursement.

4, I certifo the use of funds ¡ubmitted for reirnbursement fronr the Coron¡virus R¿liefFun¿ls under this contrðct were used only to cover lhose cosls fü¡t:a. Ar'e necessory e,tpendrïure,s incurred due to the public he¡lth emergenty wirh

resp€ct to the Coronðvin¡s Dise¿se 2019 (COV|0-19);b' lwf.g rìol ¿cceunt€d for in the brrdget most recently approved es of Mercir ¿7, ¿0¿c:

¡ndc. were incurred durirrg the period that begins on March l, ¿020, ¡nd ends on october

31,20¿0.

5, I under¡l¡nd the use of ft¡nds pursuant to this ceniflcðtíon must adhere lo ofticialfederal guidance issued or to be issued on rvhat constitutes a n€(essary expenditure,we have reviewed the guidance est¡blíshed by u.5. Department of the Treasr.rryr anclcertify costs m€€t the requirecl guldance. Any funds expended by the Local oovernotentor its subcootractor{sl ir¡ any nanner thät does not adhere to official fecleral guldancesh¿ll be returned to th€ Stðte of Wasñlngton.

2

State ol Wash¡nglonDspartm€nt of Commgrcê


lnteregency Agre€ment

Attechmcnt C

Lo(-rU, Ct)!Er.ìiI.\¡.E.' T (Prge I oi J

f'Ri.)irí,t r/$.u.J RELISF Ftjhtì.\j cEñ. rLFi!.\ rfr riv

6. I understand the Local Government receiving funds pursuânt to lh¡s certificätion shallreta¡n documentât¡on of all uses of the funds, includlng but not limíted to invoicesand/or sales teceipts in a manner cons¡st€nl with 9200,g33 nercnilon requfuements lorrecords of 2 cFB pårt z0o lJniÍorm Admìnìstttt¡ve Requ¡rements, cost princìples, dndAudit Raquircments þr Federol Awsrds (Uníform 6uidonce), $uch docurnentation shallbe produced to commercê upon rsquest ¡nd may he subject to audit by the stateÂudhor.

7- I underst¡nd anyfunds provided pursuant to lhis certiûcation cânnot be used as er€v€nuc replacement for lowerthan e)(pected t¿x or otlìer revenue collactíons.

8, I underst¿nd fu¡ds received pursuånt to this ce*ificatlon c¡n¡ot be used foraxpenditures for which the Local Governrnent has recelved any othêr ern€rgeîcy COVIÐ-19 supplemental fundin¡ (whether stcte, federal or private in nature¡ for thet same9XpOnSe,

I certify that I h¡ve re¡d the above Gertlflcetion aìd my statement$ containËd herein are tn¡eand correct to the best of my knowled¡e.

Printed Name

Title

Signature

Date:

Approv.drbfomcúytt

Clvlf L

Clallam

Stätc of WeehingtonDepartmant of Comrncrce

Veruion 072019Pegc 14

år

fntoragcncy AgreamÊnt

Attachment D

CFIF A-13 Aclivity HrportIM;TFìIJCTONS

HSIRUCIION$;

A r:ofll¡¡lËtei! .:q:: A' l!t çefqrli¡:åù'ln-¿frrJ å{tr,¡r'r Rrrprrn rtrrst bÈ sol¡nlrflç{t r¡ür ear:h A.l9 ëtrrrl¡r¡r5¡3¡1g¡¡¡ rcr¡u,lÞ.tîlÈ ¡1. 19 .{r;ri,¡¡rr Rü},¡¡r r$St l}s ,SJgrnü¿ri ¿S an E.rr,*l Sgretrlslreut, n{rt ,t pol: y,¡¡ r$JSt ô1s,, {lcå¡de ¡ ìréliÈdItl'caftdrlr'¡r (rf thÈuldru¡,luål ey{ärrrrlur.û,1 r,æ.trE€d er! Colu¡rn F lor e¿,:h qrl:lir:,!þlË"luÙ¡:dt$gdry li¡:lrCet{ ot!üe A. tgAtttq& R$r¡rî

[l:frrl are tì prin!ü] burtg.it uiÍ'qrrnesI Lled¡r:¿l €ryenses2 P$h: þ{eålltr Ërp*¡rses3 Pryroll {¡}qr$es l0r$¡lÉr: €ürflotèËs dÈtçãter, k} üúVnl.lg't Êq¡eryes tor+;iåÈ {'Nrr$tãt€: *û¡ C{}'tll}-lg'ltËi}sr$us5 €cçrr¡rrm: ù*poeçtï ühür Ct]\tû.tg ;:$Ë.rses

:;¡r:n F¡fiìdl!, [Ûd!]e{ r:ðtê$r}rvrh:l¡ÉËs'sJt-{*t:\r}Çs flìdf¡'ül¡rdet er uplirnr iç ¿dd itlet"'9ñ-úatqo{r8s|i1t'tl¡stÈrl.

Fç{r¡,rv &* t¡rû1.', mürTr(,0rtds ''¡hrn iomÉ¡Ê{rì¡itû.À.lg jq:br¡Ò¡ {cgut

I ßIFOR ÍPGFI(Þ . 5r$ry ¡r¡e {q.:lt puwrl qt.o Cdl O I,r? me A. tg .$:rivrly fiCt.¡vqa IÌ¡s st.rrlüÉüth üFe I'nFùrt çê1ù,t øqà ed.¡ü trê,;*reçorúirg A,t{ib tçç"1çqç"¿tl5þ.ïrdçr:h'dedF¡llTtr:t'jF.ì¡Ìt-TT r ¿ f.1,9 l,l¡rch ïl3r: Ë.Ì.?Ër] +:

2 COLIJIÛ¡¡ Ë . É¡;le' {r* t+ta sirltt¡? ¡!l Jl ¡; *,lco: r'e*rrt¡¡rt€{rrríl r€rürclrlJ aülï!rr[ù, to CËürr{¡r: ê tor Èir]kôa¡:p[r Sle g4.r:ãtégft"r

3 COLUlll{ F ' 5,'{re; the{(tt t?!ù{¡¡'.tstæ${€.¡rÈståt¡rtlh.l{$rÈiltññlrü¡rsçrc$lreç*f fu'"rcþ +r&ç.lÈ&È$dt'!ìüegr;r'i

{ COLUL}l }t USË OF RttFS . Y,r¡ nnrr! s¡¿ârüe r gurerut ,fts,:¡q}ù$n ,* th* u¡¿ cf üre À1:Or Þægta$¡s:tçdfr:r ¿acl: *Sir.;¡Ue s*"':.yëiüt ¡i{f* d€sir.!Fà¡!¡?s ts.:ù,tr:f$€-¡s Fìls>tfls t¡l rn,:ludÊ¿¡d¿W¡le.:**sJr,¡'ret!!,x¡rì.$ð hr.., r&es¿ ¡¡r$s ncçeû ¡dûËrr fTle r:1luct- l g r{nq}}Fric:r il apçftr:{Fe Sr¡si c ,xsd*.

I .n'O.rrrårg .r tnq{ d¿S,:ñpl¡!r r¡r :n* !ñùt¡r'¡d irtt?rfnes pelltf€il*tb lúetlü'rng':p*rû,. FlFartrrÌ¡s $ê.ðrr,c lden{lfwg gü':rs{ tv,}grÑ$ -:r'¿d(er:t ürr-È&¿&,d klt:h¡rihg ¡C.l lqlo..''fl Sr |rûÇrrdtd 6rt('Tr¡ü.t {rùSill$ Of .:gnlrùt8r{tl ffiFd¡:l.j

C OilËRSIJ!'CAI€GOR€S-8rrdr¡$;¡iègctËst,"inrclrrrjcåplå':..hoftJ€.toåritrndilrjtt¡rã!,í :að.r:sÈr¡l!¡ïifneC¡¿5SAry

¡ Çrer ð lida l0r ,)B!úr ¿;ç¿s¡5¡5 ¡fued .,.ûrirr r.ùo çpr,rpnate ¡;urlu6t,:ôttg,¡{.jb F¡:¡erl¡tlesnrl]Crll¡ Ol0 Otg 02? O16 enrlO4lc lhereis'lnl./ùile rJah€r"p¡afgG0fde.,,tsð':hþ{.Jgettãlegürt/3È{atù|l.ple¿¡e,:r]nrhl¡¡çrì¡Jlhpte,4l-ner".s¡r!,

r;itlsgr)ñËs ddtfe,{ t,} riç JðnË trldliÈf c{t{gü¡}

OÎHER ttlOOElCÀìËCORËS - ìr.dga ':ðlegory rl rs vrherç vq¡.r sho¡.rlrj rnr:lgç16 ¡¡r, elrlrl:le *:rperrr{r{uresllrðt drrn't trll undef b{dget cût¿goc€s I -;. Êrrler a fitb forthese'othÊr" er(penses wrthin budget üategory 6b Enler titlss into cell¡ ol4 - o¡t!6 there are only 5 €ntry f¡elds avðilable u¡itt¡in Budget Cat€qoly 6

g

Stato of WãshlngtonDepartment of Commerce

Vêrsion 072019Page 15

Interagcncy Agreament

C'reìe¡ñr Rglbf ¡:¡{lúôJ0 ¡û\''Ì1f,ÈÞ0r1

feF{.t t!ridll

,¡.

¡ ¡;Sùrurr{,t.{il atrl ô! - crrô*

"r¡k {.tDr*r.!rh

râ

3.

ù

ê

(i

.€

I Eqã¡ilsQo

1ü¡p{rtt*r¡.' llk ídt g ¡.ti6.Jr¿..¡,h {, ;tdñ . ,rl ¡rt

rÈ3 j r.:.r ¡¡r'r\Àr

Àt':

,

l

]t;

thlrd

Strte of Wrshingtongsparlrhãnt of Comme¡cc

lnteragcncy Agrccmanl

CJrrent[ì,8,Þrc ! rpe^õrtrj'es

8,,€t De5.,,Or..l. ol t,

ATTACHMENT B

V/ASHINGTON STATE DEPARTMENT OF COMMERCECORONAVIRUS RELIEF FUNDS FOR

LOCAL GOVERNMENTS PROGRAM GUIDELINESDATED 5-t8-2020

ICARES Grant Assistance Agreement

f Washington StateDeoartment of

Commerce




P.O. Box 42525Olympia, WA 98504-2525

(Dated 5-18-2020)

Contact Information

Mailing / Street Address:

Washington State Department of CommerceLocal Government DivisionPO Box 42525101 1 Plum Street SEOlympia, WA 98504-2525

Proqram Leadership:

Tony HansonDeputy Assistant DirectorCommunity Capital Facilities Unit360-725-3005Tonv. [email protected]. qov



Tina HochwenderManaging DirectorCommunity Assistance and Research Unit360-725-3087Tina. Hochwen der@com merce.wa. qov


This publication is available in an altemative format upon request. Events sponsored byCommerce are accessible to persons with disabilities. Accommodations may be arranged witha minimum of 10 working days' notice by calling 360-725-3087

Goronavirus Relief Funds (CRF) for Local GovernmentsProgram Guidelines

TABLE OF CONTENTS

General Information.....

1. Source of Funds............

2. Allocation Formula ........

3. Period of Performance..

4. lntended Use.

5. Eligible Costs

6. lneligible Costs ....


8. Cost Reimbursements.


1. Award Letter.

2. Working Papers.....

3. Contract....



1

1

1

1

1

2

4

4

5

7

7

7

7

8

I


You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds areavailable under section 601(a) of the Social Security Act, as added by section 5001 of the CoronavirusAid, Relief, and Economic Security Act ("CARES Act').









The Coronavirus Relief Funds may only be used for costs incurred by local governments in response totheCOVlD-l9publichealthemergencyduringtheperiodof March 1,2020thruOctober31,2020.

The US Treasury's Guidance provides an end date of December 30, 2020. This is the end date in whichthe state must have reimbursed all "recipients of the funds" (grantees) their costs incurred in response tothe COVID-19 emergency. ln order to allow time for Commerce to process final payments and conductcontract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures areonly being accepted on costs incurred through October 31,2020.


4. Intended Use



2. Are NOT accounted for in the budget most recently approved as of March 27,2020 (the dateof enactment of the CARES Act) for the State or local government. The "most recently

I


a) The cost cannot lav'rfully be funded using a line item, allotment, or allocation within thatbudget; OR



Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would nototherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement isnot a permissible use of Fund payments.




a

Constructlon / renovation projects may be required to meet high-performance buildingstandards and document they have entered the state's LEÊD certification process.



5. Eligible cosús



. COVID-19-related expenses of public hospitals, clinics, and similar facilities.


o Costs of providing COVID-19 testing, including serologicaltesting.o Emergency medical response expenses, including emergency medical


a

a

2

o Expenses for establishing and operating public telemedicine capabilities forCOVI D- 1 9-related treatment.




. Expenses for disinfection of public areas and otherfacilities, e.9., nursing homes, inresponse to the COVID-19 public health emergency.

. Expenses for technical assistance to local authorities or other entities onmitigation of COVID-'19-related threats to public health and safety.









. COVID-19-related expenses of maintaining state prisons and county jails, including asrelates to sanitation and improvement of social distancing measures, to enablecompliance with COVID-19 public health precautions.





o Unemployment insurance costs related to the COVID-19 public health emergencyif such costs will not be reimbursed by the federal government pursuant to theCARES Act or otherwise.

3

6. Any other COVID-íg-related expenses reasonably necessary to the function of governmentthat satisfy the Fund's eligibility criteria.

6. lneligible cosús








7. Severance pay.


7. Eligible cosú fesú


To assist grantees with this determination, Commerce has developed an eligibility cost test. This testgives each grantee full authority to make the appropriate callfor each circumstance.









Many costs are clearly eligible and others are in more of a grey area. One could probably justify some ofthe "grey area" costs based on the test, but are they directly addressing the immediate impacts? Possiblynot. ln these situations it may be safer and more appropriate to utilize the funds in one of the many othereligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the fullauthority to make the final call based on their circumstances and justification.

4






AII final reguesús for reimbursement must be submitted no later than November 15, 2020.



Medical ExpensesA. Public hospitals, clinics, and similar facilitiesB. Temporary public medicalfacilities & increased capacityC. COVID-19 testing, including serological testingD. Emergency medical response expensesE. Telemedicine capabilitiesF. Other




5





6


1. Award Letter





. A draft contract template for review and to initiate the public process for authorization toexecute once the final contract is available for execùtion

. Working Papers

2. Working papers

Your grant award packet includes Working Papers. The Working Papers ask for basic informationneeded to create a contract:



. Your Federal lndirect Rate

. Your fiscal year end dateo Name and title for the person authorized by the jurisdiction to sign the contract


3. Contract



7

4. Reimbursements

This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contractis executed. All grantees are required to set up a SWV number so funds may be sent electronically.Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month aslong as you have incurred documented eligible costs in response to the COVID-19 public healthemergency during the period of March 1,2020 thru October 31,2020. All final requests forreimbursement must be submitted no later than November 15. 2020.

Commerce has moved to electronic vouchering through their Contracts Management System (CMS)Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System byan individual authorized by the Grantee's organization. Online electronic vouchering provides forgrantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A-l9 portal, may request an A-19 form from their Commerce project manager.

Access to CMS is available through the Secure Access Washington (SAW portal. You will need tocreate a SAW account if you do not already have one. Please find detailed instructions here: Office ofFinancial Manaqement. lt may take up to three weeks after you submit this information for an electronictransfer account to be set up. We will automatically receive your SWV number from the office that setsthem up.

Once logged into SAW, add the Department of Commerce to your'services' and submit an Online A-19External User Request form. Then Commerce will add you as a new external user in CMS; and the CMSsystem will generate and email a registration code to you to complete the CMS registration.





Monitoríng vísifs may be scheduled.


ln order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include:


signing this document under penalty of perjury that the items and costs listed hereinand on the accompanying Commerce A-19 Voucher are eligible charges for necessaryexpenditures incurred due to the COVID-19 public health emergency that were notpreviously accounted for in the most recent approved budget as of March 27, 2020,

8

and that the funds were used in accordance with section 601(a) of the Social SecurityAct, as added by section 5001 of the Coronavirus Aid, Relief, and Economic SecurityAct ('CARES Act").





. lnclude a brief description of the use of the funds being requested for each applicablesub-category. Keep descriptions as concise as possible, but include adequate contextto demonstrate how these funds addressed the COVID-19 emergency. lf applicable,please consider:






After the contract is executed, you wíll receive additional instructions on how to submitelectronic reimbursement requests with the A-19 certification and A-19 activity report.

9

ATTACHMENT C

SCOPE OF WORK

The Board of Commissioners is directing up to $200,000 of business economic support to theRecipient using Federal CARES funding to reimburse incremental operating costs of theRecipient incurred relating to the COVID-l9 public health emergency. These funds must befully distributed by October 31,2020. Reimbursable expenses under the grant must meet theeligibility criteria outlined below.

1. Eligible Expenses:

Funds will be available to reimburse eligible homeless shelter-related operating expensesincurred by the Recipient from MarchI,2020 thru October 31, 2020.

The Recipient MAY NOT use the funding for the following activities:

o Any expense that would not be considered an eligible business expense by IRS rules;o Political contributions;o Bonuses to management or employees;o Charitablecontributions;o Gifts or parties;o Pay down or pay off debt by more than required in underlying debt instrument;. Any expense paid for through PPP loan funds or EIDL Loan funds; and. Capital Expenditures


The County shall make $200,000 of CARES funds available to the program that will be paidto the Recipient on a reimbursement basis.

All funds are to be disbursed no later than October 31, 2020.

3. Reimbursement Process:

The funding will be provided via reimbursement to the Recipient upon its submission to theCounty of expenditure details, invoices, accounting records, and other supporting materialssupporting its use in eligible activities. The Recipient may only submit one request forReimbursement per month.


9


Item summary!! caltfor Hearing

n Resolution

n Drat Ordinance

9AGENDA ITEM SUIYIMARY õ\lÞþo

(Must be submitted NtT 3PM Wednesday for next week agenda) L\C\

Depaftment: BOCC

WORK SESSION X Meeting Date: etLO|?IO

REGULARAGENDA X Meeting Date: elLLl2O


n Contract/Agreement/MOU - Contract #

n Proclamation E Budget ltem

n f¡nat Ordinance X Otner - Notice

Documents exempt from public disclosure attached: tr

Executive summary:Board of Clallam County Commissioner will consider adopting by Resolution the attached budgetreductions on August 25,2020Budget reductions - a reduction in revenues and/or expenditures.

BUdgetary 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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? nParks and Facilities - Capital Projects - ($318,000)

RgCOmmgndgd aCt¡On: (ooes the Board need to act? If so, what is the department's recommendation?)

Approve the attached notice - Budget redu


Na me of E m ployee/ Sta keholder attend ing meet¡ng : Board of Commissioners

Relevant Depaftments: All Deoartments


* 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)Budget Reductions 0B- 1 1-20.docx

Revised: 3-04-2019


NOTICE OF BUDGET REDUCTIONS

Notice is hereby given Clallam County will adopt by Resolution of the Board the budget reductions shownbelow on August 25,2020 at 10 a.m. in the Commissioners'Meeting Room (160), Clallam CountyCourthouse.

Parks and Facilities - Capital Proiect - Budget reduction of unspent fundi projects which willbe transferred to Information Tech Capital Projects for their new projects/($318,000)

A copy of the budget change forms may be reviewed at thefrom B a.m. to 4:30 p.m., Monday through Friday.

of County Commissioners

BOARD COUNTY ONERS

Date: August I1,2020

Publish: June 16 and23,2020Bill: Commissioners' Office

Budget DirectorDepartment(s)Treasurer

Ma

c

Chair

J:\public\Clerk of the Board\budget notices\reduction\2020\08-11-20 Notice Reductions.docx

CLALLAM COUNTY BUDGET CHANGE FORM

Date Submitted: 712912020 ,' Budget Hearing/Meeting Date: 812512020 t"'

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local funds

or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expendituresX rrt

Budoet Namé30501.911 / Parks & Facilities - Capital Projects *--

REVENU SOURCE

EXPENDITURES

DEPT NAME BARS NUMBERXXXXX.XX,XXXX

ACCOUNT DESCRIPTION AMOUNTBUDGET NUMBERXXXXX.XXX.

271,79430501.911 v, Parks & Facilities -Capital Proiects ''

59419.6r.1705 v/ Salt Creek Bluff Stabilization Project

30501.911 f Parks & Facilities -Capital Proiects *"

59419.62.1890 y Third St Building Replace HVAC RoofUnit

46,206

Total 318,000

BUDGET NUMBERXXXXX.XXX.

DEPT NAME BARS NUMBERXX)Oü.XX.XXXX

ACCOUNT DESCRIPTION AMOUNT

30501.911 ,'YParks & Facilities -Capital Projects,.

50800.00.0000 ". Ending Fund Balance 318,000

Total 318.000

Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTiON:Budget reduction of unspent funding for 2020 projects which will be transferred to Information Tech Capital Projects fortheir new infrastructure project, (1 of 3)

County Official Approval:(Obtain Budget Office Approval Prior to to Clerk of the Board)

ø4"

.:¿,t

l¿

Item summaly:n Caltfor Hearing

n Resolution

f] oraft ordinance

\qAGENDA ITEM SUMMARY g\òQO

(Must be submitted NLT 3PM Wednesday for next week agenda) qv

Depaftmentr BOCC

WORK SESSION X Meeting Date: SlLOl2O

REGULARAGENDA x Meeting Dare: SlLLlzO

Required originals approved and attached? EWill be provided on:

fl Contract/Agreement/MOU - Contract #

n Proclamation ! Budget ttem

I f¡nal Ordinance X Otfrer - Notice


Executive summary:Board of Clallam County Commissioner will consider adopting by Resolution the attached budgetrevisions on August 25,2020Budget revisions - Transfer or reallocations between departments within the same fund, or anytime areallocation within the same budget would authorize a new permanent pos¡tion or a new capitalpurchase.

BUdgetary impaCt: (Is there a monetary ¡mpact? If so, are funds for this already allocated or is a budget change necessary? 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) ff a budget action is required, has it been submitted and a copy attached? EParks and Facilities - REET - $100,000Auditor - ç213,L28

ReCOmmended act¡On: (Does the Board need to act? If so, what is the department's recommendation?)

Approve the attached Resolution - Budget revisi


Na me of Employee/ Sta keholder attend i n g meet¡ ng : Board of Commissioners



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)Budget Revisions 08- 1 1-20.docx

Revised: 3-04-2019

Questions? Call Loni Gores, Clerk of the Board, ert2256

NOTICE OF BUDGET REVISION MEETING

Notice is hereby given Clallam County will adopt by Resolution of the Board the budget revÍsÍon shownbelow on August 25, 2020 at 10 a.m. in the Commissíoners' Meeting Room (160), Clallam CountyCourthouse.

Parks and Facílities - REET - Reallocation of funds to meeting actualAudítor - To purchase a ballot sorting machine with HAVA 3 and EAC

00,000CARES grant

funds/$213,128

A copy of the budget change forms may be reviewed at thefrom B a.m. to 4:30 p.m., Monday through Friday.

County Commissioners

COUNTY

Date: Augustlt,2020 Mark

c: Budget DirectorDepartment(s)ïreasurer

J:\public\Clerk of the Board\budget notices\revision\2020\08-11-20 Budget Revisions.doc<


Date Submitted: 7 lzgl2020 Budget Hearing/Meeting Date: Bl25lZ020

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergenry which could not reasonably havebeen foreseen at the time of makíng the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments wÍthin the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

x"1

30101.91i !1 Budqet Name Parks & Facilities - REET p-

REVENU SOURCE

EXPENDITURES

BUDGET NUMBER)oooo(.)0c(.

DEPT NAME BARS NUMBERÐooo(.)c(.)ooo(

ACCOUNT DESCRIPNON AMOUNT

Parks & Facilities -REET V.

30101.911 '/ 59479.62.1870 ç' Courthouse Replace Fire Alarm Panel 27,040

30101.911 "t Parks & Facilities -REET ,/

59419.62.7920 v Jail Kitchen Grease interceptor 30,000

30101.911 / Parks & Facilities -REET

59419.63.1905 1 Cou rthouse Space Assessment 43,000

Total 100,000

v

r'

1/

BUDGET NUMBER)oooc(.)oo(.

DEPT NAME BARS NUMBER)ocoo(.rc(.)coc(


30101.911/ Parks & FacilitiesREET r'

594L9.63.2035 / lail Control Board 100,000

Total 100,000 vRevenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACT]ON:Reallocation of funds to meet actual nses

County Official Approval:(Obtain Budget Office Approval Prior ion to Clerk of the Board)

FìhUu:lr;.*-..-CLALLAIU Çn. f,SfiriI'r' l' "

.iul 3Û ," .

tr...2...3. .È'

\ã- li

t


Date Submitted: 7 13712020 Budget Hearing/Meeting Date: 812512020

SupplementalAppropriation - increased expendítures due to unanticípated federal, state,or local funds

x/

Debatable Emergency - public emergency other than a non-debatable emergenry which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capÍtal purchaseBudget Reduction - a reduction in revenues and/or expenditures

00L00.221 -'- ïBuiJ Auditor /

REVENU SOURCE

EXPENDITURES

BUDGET NUMBER)ococ(.)oc(.

DEPT NAME BARS NUMBER)oooc(.)c(.þoo(


00100.221 Auditor sr440.35.00L0 / SmallTools and Minor Equipment I25,934Auditor - 57440.45.A0r0/ Buildino/Office Rental00Lo0.227,/ 87,L94

Total 2T3,T2B

v-

BUDGET NUMBER)oooc(.)cc(.

DEPT NAME BARS NUMBER)oooo(.)o(.)ooo(


ooroo.zzL / Auditor / 594L4.64.0010 /' Machinerv and Equipment 2L3,LZB

Total 213,LZB


REASON FOR BUDGET ACTION:To purchase a ballot sodinq machine with HAVA 3 and EAC Election CARES grant funds

SCounty Official Approval:(Obtain Budget Office Approval Prior to Submission

REÜË¡VEt}CLALLAil{ CO. COMMISSIONERS

frUü 03 ?{]::.ì

i "."2"..3...É\

Revísed: K:\BOCC\Forms\Budget Change.docx

the Board)

Lþ;--",IJi ..*t

AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next

\q\,à*w

week agenda) qL

DepaÉment: BOCC

WORK SESSION X Meet¡ng Date: StLO|2O

REGULARAGENDA x tteet¡ng Date: elfll2Û


Item summary:n Catlfor Hearing ! Contract/Agreement/MOU - Contract #

D Resolution n Proclamation E Budget Item

E Oraft Ordinance n F¡nal Ordinance X Otner - Notice


Executive summary:Board of Clallam County Commissioner will consider adopting by Resolution the attachedsupplemental appropriations on August 25, 2020.Supplemental appropríations - increased expenditures due to unanticipated federal, state, and localfunds.

BUdgetary 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 session and for theregular agenda) If a budget action is required, has it been submitted and a copy attached? nSheriff - OPNET Drug - $60,537Sheriff - Emergency Seruices - $14,280Juvenile Seruices - $46,113DCD - Long Range Planning - $10,000 and $13,000

RgCOmmended aCtiOn: (Does the Board need to act? If so, what is the depaftment's recommendation?)

Approve the attached notice of supplemental ap riations.


Na me of Em ployee/ Sta keholder attend i n g meeti ng : Bnard of Comm



* 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)Budget Supplementals 08-1 1-20.doo<

Revised: 3-04-2019


NOTICE OF SUPPLEMENTAL APPROPRIATIONS BUDGET MEETING

Notice is hereby given Clallam County will adopt by Resolution of the Board, the supplemental budgetappropriation in the following fund pursuant to RCW 36.40.100, at 10 a.m. on August 25, 2020 in theCommissioners' Meeting Room (160) of the Clallam County Courthouse.

Sheriff - OPNET Druo - Receipt and expenditure of Multi-Jurisdictional D g Task Force Programfunding/$60,537Sheriff - Emergency Services - Grant for equipment and printingevent/$14,280Juvenile Services - VOCA grant to be used to support ChildDCD - Long Rand Planning

Ad Litems/$46,I13

. DOE grant for additional funds for professionalo Puget Sound Partnership Grant for Shoreline Ma - extended due to 1,000

Copies of the budget change forms may be viewed of rd of ClaCommissioners from B a.m. to 4:30 p.m., Monday th

BOARD COUNTY COMMISSIONERS

Date: 11 August 2020

Publish: August 16 and 23Bill: Commissioners

c: Budget DirectorïreasurerDepartment(s)

with the COVID

tr

J:\public\Clerk of the Board\budget notices\supplemental\2020\08-11-20 Supplemental Appropriations.doo(

i-iciih¡VIL]CLALLAM CU. CilMf,4 lSSlfl lil ERlì

CLALLAM COUNTY BUDGET CHANGE FORMJUL 14 2t?$

Date Submitted: 07 I 14120 Budget Hearing/Meeting Date: O}þSÊO'1)^

.rJ...-Fa.

X/ SupplementalAppropriation * increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or revisions within departmentsBudget Reduction - a reduction in revenues and/or expenditures

11008.811 Sheriff - OPNET þr'

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBER)oooo(.)oc(.

DEPT NAME BARS NUMBERXXXXX.XX.XXXX

ACCOUNT DESCRIPTiON AMOUNT

11008.811 ../' Sheriff's Office -OPNET Druq t""

33316.73.8000 v/ Narcotics Task Force Program $ 60,537

$ 60,537 l/

BUDGET NUMBERÐooo(.)oc(.

DEPT NAME BARS NUMBER)oooo(.)0(.)ooc(

ACCOUNT DESCRIPTON AMOUNT

11008.811 ,,,' Sheriff's Office -OPNET Druq t¿'

52123.10.00L0 "'' Regular Time $ 34,000

52123.10.0600 v' , Extra-Help $ 9,s0052123.20.0020€ Benefits $ 11.10052123.4L.0020 v/ Professional Services $ 5,937

$ 60,537Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACÏON:Receipt and expenditure of Multi-Jurisdictional Drug-Gang Task Force Program funding from Department of Justice/WA

contract #F17-31440- will beThe remainder of the rant fundState in FY2027rtment of Com

County Official Approval :(Obtain Budget Office Approval Prior to Submi of the Board)

"1 fftRevised: J:\SDATA\BUDGEI-S\2020\BudgeI Changes\l1008 JAG Grant supplemental 082520.docx


Í.]ËCtrÍVËDCIJ\LLAM CO. CCIMlii ISSI

iut_ s 1 2CI2$

t/Date Submitted: 0712U20 Budget Hearing/Meeting Date: 08125120 1"..å"".3...4"".

X { Supplemental Appropriation - increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or revisions within depatmentsBudget Reduction - a reduction in revenues and/or expenditures

00100.817 Sheriff - Emerqencv Services øTffiEffiREVENUE RCE

EXPENDITURES

DEPT NAME BARS NUMBER)oooc(.rc(.rcoo(

ACCOUNT DESCRÏPÏON AMOUNTBUDGET NUMBERÐooo(.Ðc(.

Sheriff -EmergencyServices

33397.04.2040 d Homeland Security COVIDl9Emergency Mgmt

$ 14,28000100.817

$ 14,280

BUDGET NUMBERXXXXX.)OC(

DEPT NAME BARS NUMBER)oooo(.)o(.)ooo(


00100.817 ./ Sheriff - ,/EmergencyServices

52510.31.0020 / Operating Supplies $ 11,780

lt ¿t 52510.49.0030 ',/ Printinq and Bindinq $ 2,s00

$ 14.280 ,t'


REASON FOR BUDGET ACÏON :

Receipt of Washington State Military Department EMPG COVID-19 Supplemental Funding grant for reimbursement ofequipment and printinq costs associated with the COVID-19 event.

County Official Approval:(Obtain Budget Office Approval to Clerk of the Board)Prior to Su

b,4¡? /n

/ ¿**"IRevised: J:\SDATA\BUDGETS\2020\BudgeI Changes\817 EMPG COVID19 082520.docx

'.'l LA t- L¡i [qi C* f-F f.5 TY m q,F ÐG ilT C Ë-E A Fru G Ë Fü m.ñl4

îlü".rr !Ì,¡'i. å F ¡ { G.{ !"

llaie Sub¡niitecl:0V-121-lQ-820* Sn¡ctrge¡: hleac"ini.E/ãr4eetinç il¡ate: A812512020,"

Supplernerrtal Ër¡:prop'rrietio¡; * increased experrdiiures due to unaniicipated federal, state,or local fundsDehatable Ëmergenc'¡r - public emergency otlrer lhan a noir-debatable enrergency which could not reasonably havebeen loreseen at tlre time of making tlre budget, requiring tlre expenditui-e of money rrot provided foi- in the br,rdget.

iti+rr-debatable FmergerÌay - for tlre relief o1'a stricl<en communiiy requiring inrmediate address; to nreetmandatory expenditures required by lawE'"lclget Revisío¡r - transfers or reallocatio¡rs between departments witlrin the same fund, or anytime a reallocationwitlrin tlre same budget would autlrorize a new permanent position or a new capital purchaseBudget Reducticn - a reduction in revenues and/or expenditures

Ð¡-qeÌe et Þ! u¡i¡ [¡e¡' xxxxx,xxx. o0100.Bsi / ßudqet Fiame Juvenile Services ¡--

R.ËVEtHUF 50{JR.CE

ËXPTF{DTTUR.FS


ACCOUNT DESCRIPTION AMOUNTBUDGET I\UMBER

XXXXX,XXX

00100.851 ç., Juvenile Services ¿ 33316.57.5010 v Crime Victirn Advocacy Pass Tlrru 46,TT3

Total 46,TL3 ,/

BUDGET I\UMBERVVVVW VVV

DEPT NAIVIE BARS NU[4BERXXXXX.XX.XXXX

ACCOUNT DESCRTPTION AMOUNT

00r 00.851 Juvenile Services 52760.4L.4410 v, Advertisinq 30,06000100.851 luvenile Services 52760.31.0010 v,' Office Supplies 2,00000100.851 Juvenile Services 52760,35.5500 !" Information Technoloqy Equipment 5,60000100.293 General Fund

Reserves "/50800.00.0000 ; Ending Fund Balance 8,453

Total 46,TI3 t'

fi.ever-rs-se/SÐilrce and Ëxpenditure totals must agree.

REASOI\ FOR BUDGET ACTION:The VOCA orant funds will be used to recruit, support and train Child Advocates/Guardian Ad Litems

Çou nty $fficiaH Approva I :

(Obtain Budget Office Approval n to Clerk of the Board)

Revised: J:\Users\chansorr\Admin Spec\Budget\Budget 2020\Budget Clrange-VOCA 20-21 1 of 2.docx

ì

CLALLAM COUNTY BUDGET CHANGE FOR.M

Date submitted: 7-29-2020"' BudEet Hearing/Meeting Date: B-zs-2020 ,.'

-x-1 Supplemental Appropriation - increased expenditures due to unanticipated federal, state.or local fundsDebatable EmerEency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiríng immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between depaftments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

Budqet Numberru.:m. 00100.334 v Budget Name I oCO - Long Range Planning r--

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBER

)cooo(.)oo(.DEPT NAME BARS NUMBER

)oooo(.)o(.xxxxACCOUNT DESCRIPTON AMOUNT

00100.334 I DCD LRP INat.Resources.

33403.10.6015 v" DOE Stormwater MgmtRegulations/Outreach

10,000

Total 10,000

BUDGET NUMBER)oooc(.)oo(

DEPT NAME BARS NUMBER)oooo(.)c(.)ooo(


00100.334 DCD LRPdUat.RG-sourees*

55311.41.0020 ,/ Professional Services 10,000

Total 10,000Revenue/Source and Expenditure totals must agree,

REASON FOR BUDGET ACTION:DOE Grant P-2019-CLCoCD-00022 receíved an additional for Professional Services.

County Official Approval:( o bta i n B udset ofr¡csfpedogs

\l#:?.'i . ission to Clerk of the Board)

CLALLAM CO. cL1Mil4 | Íì *c tfl þt ËËÍl

JUL 2e z$?fi

I.".2.."3...A"".Revised: J:\users\lkennedy\lkennedy\Budget\2o20 Budget Planning\BUDGET CHANGES 2020\G20 Supplemental to add g10000.docx

i "1\{j

,"ì/¡-.i_./'ü.-


Date Submitted: July 29,2020V.

Budget Hearing/Meeting Date: Augu st 25, 2020

_x_ Supplemental Approp¡"iation - increased expendítures due to unanticípated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiríng immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

Budget Numbêr nm.)oo<. 00100.334 ê'- Budset Name DCD - Long Range Planníng r'

REVENU SOURCE

EXPENDITURES

BUDGET NUMBER)oooo(.rco(.

DEPT NAME BARS NUMBER)0000(.)c(.)ooc(


00100.334 ø DCD - Long RangePlanninq {' .q¿.ffit. Þ*. æbÐ

f.SF €ho rel i ne{vl a ste r*Pl a n=Effeetiveness*StudY;'

31,000

*'*a &l--,qfrúrvl* {*¡+* ¡"rryç,f,ù:¿:*nh*r¿¿rncrvt

Total 31,000 v'¿

BUDGET NUMBER)oooo(.)oo(.

DEPT NAME BARS NUMBERþooo(.rc(.)ooc(


o0roo334 ,/Fng"

DCD - LongPlanninq

55311,41.0020 k.- Professional Services 31,000

Total 31,000Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:Puget Sound Partnersh ip Grant #2020-26 Shoreline Master Plan Effectiveness. The remainder of the grant expenditureshave been extended into 2021 due to Covid

County Official {pproval :(Obtain Budget OffiCé fipprova I

CLALLAM CO C¡

JUL 2S

to Clerk of the Board)

1...2...3".l4.Revised: J:\users\lkennedy\lkennedy\Budget\2o2o Budget Planning\BUDGET CHANGES 2020\G159 Supplemental Budget Change.docx

\\r.AcENDA rrEM suMMARy a¡,òP

(Must be submitted NLT 3PM Wednesday for next week a9enaalO$

Depaftment: BOCC

WORK SESSION X Meeting Dater SltOl2O

REGULARAGENDA X Meeting Date: elLLlzO


Item summary:n Callfor Hearing n Contract/Agreement/MOU - Contract #

n Resolution n Proclamation I Budget Item

E Oraft Ordinance n f¡natOrdinance X Otner - Notice


Executive summary:Board of Clallam County Commissioner will consider adopting by Resolution the attached debatableemergencies on August 25, 2020Debatable emergency - Public emergency other than a non-debatable emergency which could notreasonably have been foreseen at the time of making the budget, requiring the expenditure of moneynot provided for in the budget.

BUdgetary impaCt: (ts there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? Ifth¡s ¡s 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? [NonDepartmental - Hotel/Motel Tax lçt29,500, NonDepartmental/$10,000, HHS - Operations/$323,000, Sheriff - Emergency Seruices/$5,231, Parks and Facilities REET/$600,000, Parks andFacilities Capital Projects/$318,000, Public Works Flood Control/$45,296, Public Works Roads/96,048,and $4,020, Information Tech Capital Projects/$600,000 and 9318,000, General FundReserves/$323,000 and $45,296.

RgCOmmgndgd aCtiOn: (Does the Board need to act? If so, what is the department's recommendation?)

Approve the attached notice - debatable em es.


Na me of Em ployee/ Sta keholder attend i n g meet¡ ng : Board of Cnmm rs

Relevant Depaftments: All Denartmpntc


* 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)Budget Debatables 08-1 1-20.doo<

Revised: 3-04-2019


BUDGET RESOLUTON 2020

CALL FOR HEARING FOR DEBATABLE EMERGENCIES IN THE FUNDS LISTED BELOW

ÏHE BOARD OF CLALLAM COUNTY COMMiSSIONERS finds as follows:

1. Pursuant to RCW 36.40.140, the following facts constitute a public emergency that could notreasonably have been foreseen at the time of making the budget:

NonDept - Hotel/Motel Tax - Emergency funding for the "Keeping the Lights On COVIDT$129,500NonDeoartmental - Additíonal funds for the Small Busíness Develo ram/$10,000Health and Human Services - Ooerations - CARES funding for staffi - covlD/$323,000

,231Sheriff - Emergencv Ser¡¿íces - For additional expenses related toParks and Facilities - REET - Transfer funds to Information Tech Projects/$600,000Parks and Facílities - Capital Projects - Transfer funds to I Capital Projects/$3 18,000Public Works - Flood Control - Moving HydrogeologistPublic Works - Roads

Public Works/$45,296

. Three employee's vacation and sick leave em 048

. Salary study and job title change for AdminInformation Tech - Capital Proiects

Manage

. Transfer of funds from REET 1 to Capital

2

r Transfer of funds from Parks and FacilitiesProjects/$318,000

General Fund Reserves. CARES Funding for staffing cost. Transfer of the Hydrogeologist

NOW, THEREFORE, BE IT RESOLVED by thethe above findings of fact:

1. A public hearing10:30 a.m. in

A copy of the

County

Commiss mB

PASSED of August 2020

ATTEST:

LoniGores, CMC, Clerk Board

Publísh : August 16, 2020Bill: Commissioners

c: Budget DirectorïreasurerDepartment(s)

Tech

to Publ $45,296

in consideration of

above will be held August 25,2020 at

the offíce of the Board of Clallam Countyh Friday.


Mark Ozías, Chair

Randy Johnson

Bill Peach

of the

J:\public\Clerk of the Board\þudget notices\debatable\2020\08-11-20 Debatable Emergencies.doo<

CLALLAM COUNT'Y BUDGET CHANGE FORM-nitt !.'t,-,','I{ fL}! è'..t-'to ^'"' :i:¿{#í';sr'ê*u,

Date Submitted : *U O7./2A20 " Budget Hearing/Meet¡ng Date: "fl28/2O2O*

Supplemental Appropriation - increased expenditures due to unant¡cipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requíríng the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expendítures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X

lTax "Non1992s.29L |t¿ Effiffi.ffiüffiREVENUE

EXPENDITURES

DEPT NAME BARS NUMBER)cooo(.rc(.)00c(

ACCOUNT DESCRIPÏON AMOUNTBUDGET NUMBERx)ooo(.)oo(.

NonDept -Hotel/MotelTax

s0800.00.0000 Ending Fund Balance 129,500L9925.291 "

129,500Total

BUDGET NUMBER)ocoo(.)00(.

DEPT NAME BARS NUMBER)ooo(x.)o(.)ooo(

ACCOUNT DESCRIPÏON AMOUNT

L9925.29r ¿ NonDept - i/Hotel/MotelTax

55730.49.0230 "" Unanticipated Projects 129,500

Total 129,500

Revenue/Source and Expenditure totals must agree

REASON FOR BUDGEÏ ACTÏON:Emergency funding for the "Keep the Lights On" initiative, Approved applicants are:Dungeness Crab & Seafood Festival $15,000; Olympic Peninsula RowÍng Assoc. $2,500; Juan de Fuca Foundation $15,000;Lincoln Park BMX Assoc. $5,000; New Dungeness Líght Station Assoc. $15,000; Peninsula Trails Coalition $13,000; GeorgeWashing Society $5,000; Sequim lrrígation Festival $14,000; Forks Chamber of Commerce $25,000; Pot Angeles Chamberof Commerce

County Official Approval:(Obtaín Budget Office Approval Príor to to Clerk of the Board)


Date Submitted: 7l2Bl202O "'/ Budget Hearing/Meeting Date: 8/2512020 ""'

Supplemental Appropriation - increased expendÍtures due to unanticipated federal, state,local funds

or

X"/ Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requíring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

: Budqet :Nurnber ùooo(,þoc' 00100.291 ï.¿ Budoet Name NonDepartmental v//

REVENUE SOURCE

EXPENDITURES



General FundReserves v'

50800.00.0000 Lr' Ending Fund Balance 10,00000100.293 ,.-

10,000Total


DEPT NAME BARS NUMBERXÐOfi.XX,XXXX

NonDepartmental'' 51420.41.0050 \"r' Small Business Development Center 10,00000100.291

10,000Total


REASON FOR BUDGET ACTION:Funding in the amount of $10,000 for the Small Business Development program run through Washington State University'sSmall Business Development Center and funded by the US Small Business Administration.

County Official Approval:(Obtain Budget OffÌce Approval Prior to Sub to Clerk of the Board)

"- -¡ "*?jJ


il' Budget Hearing/Meeting Date: 812512020',-Date Submitted: 7 13U2020


or

X ,1 Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

11301.511 .Bu Health and Human Services - S þ.'

REVENU SOURCE

EXPENDITURES

BUDGET NUMBER

XXXXX,XXX.



11301.511 v Health and Human*"'

5ervtces39762.00.0000 Ø Transfer from General Fund Reserves 323,000

323.000Total v"'

BUDGET NUMBER

XXXXX,XXX.



11301.511 F.¿ Health and HumanServices x/

56210.10.0010," Regular Time 96,320

11301.511 y- Health and HumanServices r'

56210.20.0020-.- Benefits 48,477

11301.511 / Health and HumanServices / 50800.00.0000 ,,' Ending Fund Balance 178,203

Total 323,000 \t


REASON FOR BUDGET ACTION:CARES funding for staffìng costs: Emergency funding due to COVID-19 pandemic. (2 of 2)

County Official Approval :

(Obtain Budget Office Approval Prior to Su to Clerk of the Board)

í ,t¡./!!y', "Ê=:-¡iji


'?rälJl:ti¡xtC LALLAM CÛ. COivll'l l$Slt i\i f fi S

JUL 31 Aü?|}

1.."2"""'-å.,.4""

Date Submitted: O7l3Il20 ' Budget Hearing/Meeting Date: OBl25l2O i-"

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchase

Budget Reduction - a reduction in revenues and/or expenditures

xrl

00100.817 Sherifi - Services H-

REVENU SOURCE

EXPENDITURES

AMOUNTDEPT NAME BARS NUMBERXXXXX.XX.XX)O(

ACCOUNT DESCRIPÏONBUDGET NUMBERþooc(.)Õc(.

$ 5,231General FundReserves v/

50800.00.0000 ,'/ Ending Fund Balance00100.293

$ 5,231Total

BUDGET NUMBERÐooo(.)oc(.



00100.817 ¡ Sheriff -EmergenryServices

52510.31.0020 -'" Operating Supplies $ 5,231

Total $ 5,231


REASON FOR BUDGET ACÏON:To pay for additional expenses related to the COVID 19 virus event in Clallam County that were paid from the Emergency

ítures incurred in Ju 2020Services This is to cover the and servÍces

County Official Approval :

(Obtain Budget Office Approval Prior to Subm of the Board)

Revised: J:\SDATA\BUDGETS\202O\Budget Changes\817 EOC COVID19 082520.docx

's'/\t t

iJ"..¿ {--


Date Submitted: 7 12912020 Budget Hearing/Meeting Date: Bl25lZ020


or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

30101.911 Parks & Facilities - REET

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBER

XXXXX.XXX.

DEPT NAME BARS NUMBERXX)Cfi.XX.XXXX


30101.911 Parks & Facilities -REET

50800.00.0000 Ending Fund Balance 60o,0oo

Total 600,000 b:

BUDGËT NUMBER

XXXXX,XXX.




59718.00.0025 Transfer to IT Capital Projects 600,000

Total 600,000t/'

Revenue/Source and Expenditure totals must agree

REASON FOR BUDGET ACTION:Transfer of funding from Parks & Facilities REET 1 to Information Tech Capital Projects for the new infrastructure project.

11 of 2)

County Official Approval:(Obtain BuCget Office Approval n to Cle¡'k of the Board)Prior to


4"-

Date Submitted: 7 12912020 Budget Hearing/Meeting Date: 812512020

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

or

Xv

30501.911 Bu Parks & Facilities - t./

REVENUE SOURCE

EXPENDITURES


DEPT NAME BARS NUMBERXXXXX,XX.XXXX ,


30501-911 r'r Parks & Facilities -Capital Proiects ."'

50800.00.CI000 Ending Fund Balance 318,000

Total 318,000 â--




30501.911v./ Parks & Facilities.--Capital Proiects/

59718.00.0010 -' Transfer to Information Tech CapitalProjects

318,000

Total 318,000 lr'

Revenue/Source and Expenditure totals must agree,

REASON FOR BUDGET ACTION:Unspent funding for 2020 Parks & Facilìties Capital Projects will be transferred to Information Tech Capital Projects for theirnew infrastructure proiect. (2 of 3)

County Official Approval:(Obtain Budget Office Approval Prior to Subm ission to Clerk of the Board)

i' ' .t ."

*,r'r,:-;i:

i i i .r


Date Submitted: 7l3tl2)20 " Budget Hearing/Meeting Date: 812512020,-'


or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken communiÇ requiríng immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

Xr"''

10135.611 v, lame, PW - Flood Control -

REVENU SOURCE

EXPENDITURES


DEPT NAME BARS NUMBERXXXXX,XX.XXXX


10135.61i /' v'PW - FloodControl

39768.00.0000 ,.' Transfer from General Fund Reserves 45,296

Total 45,296 \/

BUDGET NUMBER

XXXXX.XXX,

DEPT NAME BARS NUMBERXXXXX,XX,XXXX


10135.611 *¿ PW - FloodControl

v' 55310.10.0010!- Regular Time 33,069

10135.611 ,,,.PW - FloodControl

/ 55310.20.0020 .-V

Benefìts 12,227


REASON FOR BUDGET ACTION:The Clallam County Hydrogeologist position is moving from DCD-Long Range Planning to PW-Flood Control. This transferof funds reflects the amount of efits to rt this on from Ju 1 to December 3 2020. 2of

County Official Approval:(Obtain Budget Office Approval Prior to Submiss on to Clerk of the Board)

¡''.;i-ì¡¡tt\ ¡


i.'

Date Submitted: 07 .30.20 Budget Hearing/Meeting Date: 08.25.20

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergenry which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X- {

:.xlo(, 10101.611 "¡ Public Works - Roads *'-!ilffiEffiREVEN SOURCE

EXPENDITURES

DEPT NAME BARS NUMBER)oooc(.rc(.)ooo(

BUDGET NUMBER

)oooo(.)oo(.ACCOUNT DESCRIPTION AMOUNT

10101.611 k"1 PW - Roads 50800.00.0000 "" Endínq Fund Balance $6.048

Total $6,048

BUDGET NUMBER)oooc(.)oc(.

DEPÏ NAME BARS NUMBER)oo(rc(.xx.)oo(x


10101.611 "' PW - Roads 54490.10.0010 ."- Reqular Time $4,4s910101.611 1' PW - Roads o.' 54490.20.0020 *" Benefits $1.589

Total $6,048Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACÏON:THREE EMPLOYEE'S VACATON AND SICK LEAVE PAYOUTS UPON LEAVING EMPLOYMENT

CounÇ Official Approval:(Obtaín Budget Office Approval Prior to Subm

i_.. ,

GLLAM {,=i,}

'lf,li tr;di\rt rJ Li

ion to Clerk of the Board)

1"..ã,,.3,."¡-.

Revised: C:\Users\hsteeby\Desktop\2020 BUDGEIS\07.30.20 DE Vac, sick leave payouts.docx


Date Submitted: 07 3A.20' Budget Hearing/Meeting Date: 08.25.20 t-

Supplemental Appropriation - increased expenditures due to unantícipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non'debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X-t"'

,Budqet, N urnber ¡oom<.)Õ¡K.' . B10101.611 v/ Public Works - Roads {

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBER

)oooo(.)oc(.DEPT NAME BARS NUMBER

)oooo(.)o(.)ooo(ACCOUNT DESCRIPTON AMOUNT

10101.611 t PW - Roads ", 50800,00.0000 $" Endinq Fund Balance $4,020

Total $4,020

BUDGET NUMBER)oooc(.)oc(.

DEPT NAME BARS NUMBER)oooo(.rc(,)coo(

ACCOUNT DESCRIPNON AMOUNT

10101.611 r' PW - Roads / 54330,10.0010 r¿/ Reqular Time $2,73610101.611,/ PW - Roads "' 54330.20.0020 w' Benefits $1,284


REASON FOR BUDGET ACTION:increase based on Sala with Job Title for Administrative O Ma r

CounÇ Official Approval:(ObtaÍn Budget Office Approval Prior to Su

t '¿:1,..-'i-.i i' ,;;;CLA,LiAM CC C* ll[4 I Îiì i,r li [iì'

"i{Jt 3ú ?ni j

n to Clerk of the Board)

'\

Rev¡sed: C:\Users\hsteeby\Desktop\2020 BUDGETS\O7.30.20 DE MP.docx

. 1,. "ì

; "-"--I


Date Submitted: 712912020 Budget Hearing/Meeting Dater Bl25l2A20

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken communiÇ requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

or

X

f, r,,1

;"'.:*

30701.4tr Information Tech - Capital Projects

REVENUE SOURCE

EXPENDITURES

DEPT NAMEBUDGET NUMBER

XXXXX.XXX.

BARS NUMBERXÐCü.XX.XXXX


Information Tech

- Caoital Proiects30701.47L 39718.00.0025 Transfer from REET 1 600,000

Total 600.000 t/


DEPT NAME BARS NUMBERXX}O(X.XX,XXXX


30707.477 Information Tech

- Capital Projects59418.64.1290 Bladeserver Hardware to Replace 600,000


REASON FOR BUDGET ACTION:Transfer of funding from Parks & Facilities REET 1 to Information Tech Capital Projects for the new infrastructure project.(2 of 7)

County Official Approval:(Obtain Budget Office Approval Prior to Subm to Clerk of the Board)

i__-,


Date submitted: 712912020 \' Budget Hearing/Meet¡ng Date: Blzslz}z}.-'

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anyt¡me a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

or

X

30701.411 */ ,Bu et Information Tech - Ca IP V'

REVENU SOURCE

EXPENDITURES

BUDGET NUMBERXXXXX,XXX,

DEPT NAME BARS NUMBERXnCü.XX.XXXX


30701.47L ¿ Information Tech

- CaPital Proiects/39718.00.0010

"Transfer from Capital Projects 318,000

Total 318,000

BUDGET NUMBER

XXXXX,XXX.

DEPT NAME BARS NUMBERXÐCü,XX,XXXX


30701.47I ./ Information Tech

- Capital Proiecls594L8.64.L29A s' Bladeserver Hardware to Replace 318,000

Total 3i8,000Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:Unspent funding for 2020 Parks & Facilities Capital Projects will be transferred to Information Tech Capital Projects for theirnew infrastructure of


i{...i


Date Submitted: 7l3Il2O2O '' Budget Hearing/Meeting Date: 812512020


or


t1'

xc

:,Bud o<;ibo(,, . 00100.293 "- Buddët Name I General Fund Reservês .,.

REVENU SOURCE

EXPENDITURES




00100.293 t General FundReserves

50800.00.0000 ¿, Ending Fund Balance 323,000

Total 323.000




00100.293 // General Fund,Reserves r

59762.00.0000 s" Transfer to Health and Human Services 323,000

Total 323,000 {Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:CARES funding for staffing costs: Emergency funding due to COVID-19 pandemic. (1 of 2)

County Official Approval:(Obtain Budget Office Approval Prior to Submission to Clerk of the Board)

.' 'i

i


Date Submitted: 7l3t/2020 "" Budget Hearing/Meeting Date: Bl25l202O "


or


X ¿r'

la\s

00100.293 ø General Fund Reserves ú?r'

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBERXXXXX,XXX.



00100.293 ç/' General FundReserves

50800.00.0000 Ending Fund Balance 45,296

Total 45,296


DEPT NAME BARS NUMBERXX}Oü.XX,XXXX


00100.293 /' General FundReserves /

59768.00.0000 v/ Transfer to PW - Flood Control 45,296

Total 45,296 t/Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTiON:The Clallam County Hydrogeologist position is moving from DCD-Long Range Planning to PW-Flood Control. This transferof funds reflects the amount of salaries/benefits to support this position from July 1 to December 31, 2020. (t of 2)

County Official Approval : r:ff*t "t(Obtain Budget Office Approval Prior to Submisiion to Clerk of the Board)

tÀ8 ^p.'\e^Item 16 ws and 4d agd 8lLLl20

Item was update after agendapacket was posted on 8-11-20

BUDGET RESOLUTION 2020

CALL FOR HEARING FOR DEBATABLE EMERGENCIES IN THE FUNDS LISTED BELOW

THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows:

1. Pursuant to RCW 36.40.140, the following facts constitute a public emergency that could notreasonably have been foreseen at the time of making the budget:

NonDept - Hotel/Motel Tax - Emergency funding for the "Keeping the On COVIDT$129,500NonDepartmental - Additional funds for the Small Business ram/$10,000Health and Human Services - Operations - CARES fundíng forcovrD/$3æÉ0e$14s,000Sheriff - Emerqencv Services - For additional expenses 23rParks and Facilities - REET - Transfer funds to Informatio 000Parks and Facilities - Caoital Proiects - Transfer funds I Projects/$318,000

Works/$45,296Public Works - Flood Control- Moving HydPublic WorK - Roadso Three employee's vacation and sick leave

\\,

t\ùd-Àò.

. Salary study and job title change forInformation Tech - Capital Proþcts. Transfer of funds from REET 1 to Information 000o Transfer of funds from Parks and Capital to Information Tech Capital

Projects/$318,000General Fund Reserues. CARES Funding for staffing cost -o Transfer of the Hydrogeologist

NOW THEREFORE, BE thethe above findings of

1. A public hearíng on10:30 a.m. i Room 1

2.4 may

ATÏESÏ:

Loni Gores, CMC, Clerk of the Board

Publish: August 16, 2020Bill: Commissioners

c: Budget Director fireasurer / Department(s)

ncies I

p.m., Monday through Friday

ugust 2020

$4

in consideration of

wíll be held August 25,202O at

at the office of the Board of Clallam County

Cou


Mark Ozias, Chair

Randy Johnson

Bill Peach

from DCD

n leavio

D ADOPTED

ners

J:\public\Clerk of the Board\budget notices\debatable\2020\08-11-20 Debatable Emergenc¡es.doo(


z/{t f "n*sn 8{2-51 xzr:Date Submitted: +l&læ2ß" Budget Hearing/lt iting Date: AÍ281 ûW

Supplemental Appropriation - íncreased expenditures dr,r to unanticipated fe ,eral, state,or localfundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the tíme of making the budget, requiríng the expendÍture of money not provided for in the budget.Non-debatable Emergency - for the relief of a strícken community requiring immedíate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytÍme a reallocationwíthin the same budget would authorize a new permanent posítion or a new capital purchaseBudget Reduction - a reduction in revenues and/or expendÍtures

X

rlrr

is

L9925.29L * NonDeot - Hotel/MotelTax /ål{ì:råïdfiï*i

REVENUE souRcE

EXPENDITURES

BUDGET NUMBER)oooo(.)oo(.

DEPT NAME BARS NUMBER)oooo(.)0(.)ooo(


L9925.29L " NonDept -Hotel/MotelTax

s0800.00.0000 Ending Fund Balance 129,500

Total 129,500

BUDGET NUMBER)oooo(.)00(.

DEPT NAME BARS NUMBER)oooo(J0()ooo(


19925.29t ¿ NonDept - //Hotel/MotelTax

55730.49.0230 / Unanticipated Prgjects 129,500

Total 129,500


REASON FOR BUDGET ACÏON:Emergenry funding for the "Keep the Lights On" ínitiatÍve. Approved applicants are:Dungeness Crab & Seafood Festival $15,000; Olympic Peninsula Rowing Assoc. $2,500; Juan de Fuca Foundation $15,000;Lincoln Park BMX Assoc. $5,000; New Dungeness Light Station Assoc. $15,000; Peninsula Trails Coalition $13,000; GeorgeWashing Society $5,000; Sequim lrrigation Festival $14,000; Forks Chamber of Commerce $25,000; Poft Angeles Chamberof Commerce $20,000.

County Official Approval:(Obtain Budget Office Approval Príor to Su to Clerk of the Board)

I

/ t--lØt


Date Submitted: 7128/2020 v"' Budget Hearing/Meeting Date: 8/25/2020 b"'


or

Debatable Emergency - public emergency other than a non-debatable ernergency which could not reasonably havebeen foreseen at the time of making the budget, requíring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

Xv/

00100.291 v' Bi¡dóet Name NonDepartmental Þ"'

REVEN SOURCE

EXPENDITURES

BUDGEÏ NUMBERXXXXX.XXX



00100.293 þr'. General FundReserves

50800.00.0000 v' Ending Fund Balance 10,000

Total 10,000

BUDGET NUMBERXXXXX.ÐC(,

DEPT NAME BARS NUMBERXX)Oü.XX.XXXX


00100.291 NonDepartmental' 51420,41.0050 v' Small Business Development Center 10,000


REASON FOR BUDGET ACTÏON:Funding in the amount of $10,000 for the Small Business Development program run through Washington State University'sSmall Business Development Center and funded by the US Small Business Administration.

County Official Approval:(Obtain Budget Office Approval Prior to n to Clerk of the Board)


Date Submitted: 7 l3L/2020 t/' Budget Hearing/Meet¡ng Date: 8/25/2020 v'

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget,Non-debatable Emergency - for the relief of a stricken communiÇ requíring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X/

Nu 11301.511 Health and Human Services - ons

REVENU SOURCE

EXPENDITURES


DEPT NAME BARS NUMBERXXXXX,XX.XXXX


11301.511 v manHealth and HuServices

39762.00.0000 / Transfer from General Fund Reserves -323É00-\\5. ooo

323J00-Total t/

ì99rooo


DEPT NAME BARS NUMBERXNCü.XX,XXXX


re -fþalth and-+luman-Seâr¡€€5. ,/

-*egicHiru __-_--96,+Æ-A

ffi -t{eaffirãrt-Fkrffian-€er+4e'es- r' ----<tfr*t

11301.511 / Health and HumanServices { 50800.00.0000 ",' Ending Fund Balance jg8ffi

\SE,0.y¡Total ¿43Éos' tl


REASON FOR BUDGET ACTION:

\{5, ooo

CARES funding for staffing costs: Emergency funding due to COVID-19 pandemic. (2 of 2)



RËTã¡VilÜCLALLAM CO. COfulMiSSICINiËR5

.,{Jr- 31 2ü?$

Date Submitted: O7l3Ll2O t'1...2"".3..,4...

Budget Hearing/Meeting Date: OBl25l2O {

SupplementalAppropriation - Íncreased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budgeÇ requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immedÍate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authoríze a new permanent positíon or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X

00100.817 Sheriff - Services .-

REVEN

EXPENDITURES


DEPT NAME BARS NUMBER)oooo(.)o(.Ðoc(


00100.293 General FundReserues ,¿'

50800.00.0000 ,//' Ending Fund Balance $ 5,231

Total $ s.231

BUDGET NUMBER)oooo(.)oc(

DEPT NAME BARS NUMBER)oooo(.rc(.)ooo(


00I0O.BI7 ¿ Sheriff -EmergencyServices

52510.31.0020 r' Operating Supplies $ 5,231

Total $ s.231Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:To pay for additional expenses related to the COVID 19 virus event in Clallam County that were paÍd from the Emergency

itures íncurred in J 2020Seruices b This ís to cover the and servíces

County Official Approval:(Obtain Budget Office Approval Prior to Su rk of the Board)

Revised: J:\SDATA\BUDGETS\2020\BudgeI Changes\BL7 ÊOC COVID19 082520.docx

4¡llnI Y-/


Date Submitted: 7 129/2020 Budget Hearing/Meeting Date: 8/25/2020


or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocatíons between departments within the same fund, or anytime a reallocationwíthin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X

30101.911 Parks & Facilities - REET

REVENU SOURCE

EXPENDITURES


DEPT NAME BARS NUMBERXX)Ofi,XX.XXXX




Total 600,000 (

BUDGEÏ NUMBERXXXXX.XXX

DEPT NAME BARS NUMBERXÐCü,XX.XX)C(



59718.00.002s Transfer to IT Capital Projects 600,000

Total 600.000/


REASON FOR BUDGET ACTION:Transfer of funding from Parks & Facilities REET 1 to Information Tech Capital Projects for the new infrastructure project.(1 of 2)

County Official Approval:(Obtain Budget Office Approval to Clerk of the Board)Prior to


>"Date submitted: 712912020 Budget Hearing/Meeting Date: sl2s/2020


or

X ,t/ Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

Budset Number )ocxn.xxx. 30501.911 q// Budget,Name ,l Parks & Facilities - Capital Projects *-

REVENU SOURCE

EXPENDITURES


DEPT NAME BARS NUMBERXÐOfi,XX.XXXX ,


30501.911 { Parks & Facilities -Caoital Proiects ,-


Total 318,000 ,,"


DEPT NAME BARS NUMBERXÐCü.XX,XXXX


30501.911,,// Parks & Facilities.-Capital Proiects'

59718.00.0010 "- Transfer to Information Tech CapitalProiects

318,000

Total 318.000 ,¿'


REASON FOR BUDGET ACTION:Unspent funding for 2020 Parks & Facilities Capital Projects wlll be transferred to information Tech Capital Projects for theirnew infrastructure project. (2 of 3)

County Official Approval:(Obtain Budget Office Approval Prior to b to Clerk of the Board)


Date Submitted: 7l3L/2020 F' Budget Hearing/Meeting Date: Bl25/202A,/

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken communiÇ requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithín the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

x*,

umber 10135.611 r,, PW - Flood Control *

REVENU SOURCE

EXPENDITURES

BUDGEÏ NUMBERXXXXX,XXX.

DEPT NAME BARS NUMBERXX)Ofi.XX,XXXX


10135.611 / /PW - FloodControl

39768.00.0000 ø Transfer from General Fund Reserves 45,296

Total 45,296




10135.611 r PW - FloodControl

V.55310.10.0010

"-Regular Time 33,069

L0135.6LI v/ PW - FloodControl

55370.20.0020 ¡ Benefits 12,227


REASON FOR BUDGET ACTION:The Clallam County Hydrogeologist position is moving from DCD-Long Range Planning to PW-Flood Control. This transferof funds reflects the amount of salaries/benefits to support this position from July 1 to December 31, 2020. (2 of 2\

County Official Approval:(Obtain Budget Office Approval Prior to Submiss on to Clerk of the Board)


Date Submitted: 07,30.20 Budget Hearing/Meeting Date: 08.25.20

SupplementalAppropriation - increased expenditures due to unanticipated federal, state,or localfundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for Ín the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

y_ {'

10101.611 *' Works - Roads v-

REVE SOURCEBUDGEÏ NUMBER

)oooc(,)00(.DEPT NAME BARS NUMBER

)oooo(.)0(,)ooo(ACCOUNT DESCRIPTON AMOUNT

10101.611 ,/ PW - Roads "/ 50800.00.0000 / Endinq Fund Balance $6.048

Total $6.048

BUDGET NUMBER)oooo(,)oo(.

DEPT NAME BARS NUMBER)0000()o(.)ooc(


10101.611 "' PW- Roads { 54490.10.0010 '/" Reqular Time 94,459L0L0L.6LI z/ PW - Roads ,¿' 54490.20.0020 -¡ Benefits $1.589

Total $6.048Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:THREE EMPLOYEE'S VACATION AND SICK LEAVE PAYOUTS UPON LEAVING EMPLOYMENT

County Official Approval:(Obtain Budget Office Approval Prior to Subm

þ;-..,LALLqM CÜ i.:.

ion to Clerk of the Board)

JUL 3T

1...2...3.."¡+"

Revised: C:\Users\hsteeby\DesKop\2020 BUDGETS\07.30.20 DE Vac, sick leave payouts.doo<

i'\ ì

IYJ


Date Submitted: 07 .30.20/ Budget Hearing/Meeting Date: 08.25.20 v'

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,or local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for ín the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X]'

10101.611 Public Works - Roads /r'ü[Ti'ii.ii.ñiif-ã

REVENU souRcE

EXPENDITURES

BUDGET NUMBER)oÕoo(.)oo(.

DEPT NAME BARS NUMBER)oooo(,)o(.)000(

ACCOUNT DESCRIMON AMOUNT

10101.611 / PW - Roads ,z s0800.00.0000 { Ending Fund Balance $4.020

Total $4,020

BUDGET NUMBER)oooo(.)oo(

DEPT NAME BARS NUMBER)0000(.)o(.)ooc(


10101.611 / PW - Roads / 54330.10.0010 '/ Regular Time 92,736IOLOT.5LL / PW - Roads¡ 54330.20.0020 t / Benefíts sL.2B4


REASON FOR BUDGET ACTTON:

increase based on Sala with Job Title for Administrative

County Official Approval:(Obtain Budget Office Approval Prior to

Ë{e U*¡VruCLALLAM CO. CO¡IIMI"1 S IÛ I,IFRi

J{JL 3 0 zt!;l

to Clerk of the Board)

/ ,\j,'-")',¿t r'! L*."ltRevised : C:\Users\hsteeby\Desktop\2020 BUDGETS\07.30.20 DE MP.doo<


Date Submitted: 7 1291202A Budget Hearing/Meeting Date: 812512020


or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requíring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken communiÇ requiríng immedÌate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction ín revenues and/or expenditures

X

3070L.4L1 ectsInformation Tech - Ca ítal

REVENUE SOURCE

EXPENDITURES

BUDGET NUMBERXXXXX.XXX,



30701.47r Informatíon Tech

- Capital Proiects39718.00.0025 Transfer from REET 1 600,000

Total 600,000

BUDGET NUMBERXXXXX.XXX,

DEPT NAME BARS NUMBERXXÐfi.XX.XXXX


3070r.4rL Information Tech

- Capital Proiects59418.64.1290 Bladeserver Hardware to Replace 600,000


REASON FOR BUDGET ACTION:Transfer of funding from Parks & Facílities REET 1 to Information Tech Capital Projects for the new infrastructure project.(2 of 2\

County Official Approval:(Obtain Budget Office Approval Prior to Su to Clerk of the Board)

{\ *)


Date Submitted: 7129/2020 v' Budget Hearing/Meet¡ng Date: 8/25/2020 ¿'


/ Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytime a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

X

3070t.4rr r' Information Tech - Capital Proiects r.--

REVENU SOURCE

EXPENDITURES

BUDGET NUMBERXXX)C(.XXX.



3070t.4LI ¿ Information Tech

- Capital Proiects/39718.00.0010 /' Transfer from Capital Projects 318,000

318,000Total


DEPT NAME BARS NUMBERXX)Ofi,XX.XXXX


3070L.4rL / Information Tech

- Capital Proiec6594L8.64.1290 / Bladeserver Hardware to Replace 318,000


REASON FOR BUDGET ACTION:Unspent funding for 2020 Parks & Facilities Capital Projects will be transferred to Information Tech Capital Projects for theirnew infrastructure proiect. (3 of 3)

County Official Approval:(Obtain Budget Office Approval to Clerk of the Board)Prior to


Date submitted: 7l3t/202a "" Budget Hearing/Meeting Date: Blzspazo *'

Supplemental Appropriation - increased expenditures due to unanticipated federal, state,local fundsDebatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requiring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocat¡ons between departments within the same fund, or anytime a reallocatíonwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction in revenues and/or expenditures

x{

00100.293 General Fund Reserves

REVENUE SOURCE

EXPENDITURES




00100.293 t tr/General FundReserves

50800.00.0000 n/ Ending Fund Balance -¡¿sÉsoÌ{5.o0¿r

Total 323pût\q


DEPT NAME BARS NUMBERXX}OS.XX,XXXX


00100.293 ,/ General Fund .

Reserves /59762.00.0000 v" Transfer to Health and Human Services szleÚcr

\\q ooc.r

Total 323SOsRevenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:

\qå,(2Ôo

CARES funding for staffing costs: Emergency funding due to COVID-19 pandemic. (1 of 2)

County Official Approval:(Obtain Budget Office Approval Prior to Submission to Clerk of the Board)

í)ni J'l l\vl Iloj


Date Submitted: 7137/2020 " Budget Hearing/Meeting Date: 8/2512020 *'


or

Debatable Emergency - public emergency other than a non-debatable emergency which could not reasonably havebeen foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget.Non-debatable Emergency - for the relief of a stricken community requíring immediate address; to meetmandatory expenditures required by lawBudget Revision - transfers or reallocations between departments within the same fund, or anytíme a reallocationwithin the same budget would authorize a new permanent position or a new capital purchaseBudget Reduction - a reduction ín revenues and/or expenditures

X¿

00100.293 ,/ Budqet Name General Fund Reserves þ/

REVENU SOURCE

EXPENDITURES




00100.293 v/ General Fund -Reserves

s0800.00.0000 Endíng Fund Balance 45,296

Total 45,296


DEPT NAME BARS NUMBERXÐOfi.XX.XXXX


00L00.293 / General FundReserves /

59768.00.0000 / Transfer to PW - Flood Control 45,296

Total 45,296 1/Revenue/Source and Expenditure totals must agree.

REASON FOR BUDGET ACTION:The Clallam County Hydrogeologist position is moving from DCD-Long Range Planning to PW-Flood Control. This transferof funds reflects the amount of salaries/benefits to support this position from Julv 1 to December 31. 2020. 0 of 2)


11 rvx Y.rL-J '--)

Item summaryi! Catlfor Hearing

tr Resolution

n oraft Ordinance

Uoe¿n¿zla¿Â,"a11-

^- ^\ .d> '-

AGENDA ITEM SUMMARY "äOR"(Must be submitted NLT 3PM Wednesday for next week agenda) \-/

q^n^Department: Þ C.D

WORK SESSION X Meeting Date: August L2,2O2O


R.equired originals approved and attached? XWill be provided on:

E Contract/Agreement/MOU - Contract #

tr Proclamation f, Budget Item

I f¡nal Ordinance X Otner Review of Updates to the MineralResource Lands approved by PC on7lI5l20


Executive summary: The Planning Commission (PC) approved Updates to the Mineral Resources Lands(MRL) on July 15,2020. This includes the following items included in the BOCC Packet:1. Letter of Transmittal from PC to BOCC;2. Executive Summary;3. Amendments to the Comprehensive Plan;4. Amendments to Zoning & Right to Practice Forestry, Mining, and Agriculture Ordinances;5. Spread Sheet of Existing Pits, Geology, and Zoning Maps for the Sequim, Port Angeles, and

Western Regions;6. Supply and Demand Memo regarding Mineral Resources.

BUdgetaryimpaCt: (Isthereamonetaryimpact? If so,arefundsforthisalreadyallocatedorisabudgetchangenecessary? 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 Ít been submítted and a copy attached? [ No Monetary Impact

Recommended act¡on: DCD and the Prosecuting Attorney's Office would like to review the abovereferenced documents regarding updates to the MRL with the BOCC. After the workshop and assumingthere are no major issues raised by the BOCC, DCD would then schedule a Public Hearing before the BOCC

to address the updates to the MRL.


Name of Employee/Stakeholder attending : Greg Ballard, Senior Planner & DavidAlvarez, Chief Deputy Prosecuting Attorney

Relevant Departments: DCD, Prosecuting Attorney's Office, and Roads Department

Date submitted: J...,lv ?3 )åô40* Work Session Meeting - Submit I single sided/lot stapled copy** Regular Meeting - Submit 1 single sided/not stapled copy and originals (1 or 3 copies)MRL Agenda Item Summary.docx

Revised: 3-04-2019


1. Letter of Transmittal from PC to BOCC

LETTER OF TRANSMITTAL

To: Clallam Counfy Board of Commissioners

From Clallam County Planning Commission

Subject Transmittal to BOCC: Findings and Conclusions regarding Amendments to theCiallam County Comprehensive Plan and Development Regulations pertaining toMineral Lands

Date IuIy 20,2020

Dear Commissioners

The Clallam County Planning Commission has completed its review and public hearing process

regarding Amendments to the Clallam County Comprehensive Plan and DevelopmentRegulations pertaining to Mineral Lands. The Planning Commission completed its review andapproved its final recommendations to forward to the BOCC at its meeting on July 15,2020. AsVice Chairman of the Clallam County Planning Commission, having hrst received the

authorization of the Commission, I am transmitting herewith the f,rndings and recommendationsof the Commission on this proposed Ordinance:

FINDII\GS OF FACT:

l. Clallam Counfy is under an Order of Remand (from }i{.ay 2AI\ from the Western WAGrowth Management Hearings Board under Cause #18-2-0006. The Hearings Board ruledthe County did not achieve "early and continuous" pubiic participation with respect toResolution #82,the legislative action of the County Commission intended to complete themandatory "periodic update" of the County's Comprehensive Plan.

2. The County also was found to have not complied with RCV/ 36JAA.131 while completingits "periodic update."

3. An Executive Summary dated June 10, 2020 provides detailed information to the ClallamCounty Board of Commissioners on the Remand from the Western Washington GrowthBoard regarding Mineral Resource Lands. This document is attached, is incorporated byreference into this transmittal and was relied upon by the Planning Commission in makingthe decision represented by this Letter of Transmittal.

4. What are the key amendments to the Clallam Counfy Comprehensive Plan? For example, theproposed amendments to the Comprehensive Plan are intended to place into the Plan and the

related Development Regulations for the first time methods citizens and County staff can use

to classifu and designate mineral resource lands.

5. A proposed surface mine would be scored based on various criteria such as quantity andquality of the mineral resourÇe present, distance from mine to potential end user, size of

parcel where mining would occtr and neighboring existing land use. A score of 90 to 119

would obtain a co-designation of Mineral Resource Land along with its original zoningdesignation. A score of at least 120 would be designated Mineral Resource Overlay District("MRLOD"). Both designations obtain defined benefits and protections.

6. Some 3l existing surface mines holding DNR permits would be immediately designated as

MRLODs (via a Comprehensive Plan amendment to the Future Land Use Map) and 10 other

surface mines that are inactive but have DNR permits would be invited to apply for MRLODstatus in the future.

7 . Some 272 square miles of the County having underlying geology which suggests those

locations are likely to contain at least some sand and gravel or at least some basaltic or"hard" rock will be designated as Mineral Resource Land-Potential ("MRLP") as part of the

amendments to the County's Comprehensive Plan. This is part of the County's county-wide

approach to designating mineral resource lands as required by the relevant V/ACs.

8. MRLOD status and MRL co-designation for other sites would only be gained through aComprehensive Plan amendment. For the amendment cycles of 202A and2A21 such Plan

amendments will be undertaken by the County at no cost to the applicant.

9. No longer would all iand zoned Commercial Forest be co-designated as Mineral Resource

Land, although mining will continue to be a "yes" or permitted use in Commercial Forest

lands and is permitted after obtaining a Conditional Use Permit in 1 1 of the 13 distinct rural

residential zones present in Clallam County.

10. The following is a brief summary of the modifications to the Development Regulations

A. Title 27.1,0.A20(1) - Revises eligibility for right to mine protection,removing requirement to record disclosure with Auditor

B. Title 27 )0.A2A(2) -Disclosure for right to mine; (revision)C. Title 33.03.010 new and revised zoning defìnitions; (revision and

additions)D. Titie 33.07 establish a new Zoning section addressing Mineral Resource

Lands (MRL) & Mineral Resource Lands Overlay District (MRLOD);(new)

E. Tttle33.62 Requirements and benefits of MRLOD. (new)

The above referenced documents are included in this transmittal

11. County staff also prepared and provided to the Planning Commission a document informallyknownasthe..SupplyandDemandMemo',inordertoquantifllthelocationandquantityofmineral resources present in the County. This Memo was based primarily on a 2003 study

from Pacific Lutheran University and statistics gathered by County staff from WSDOT,

DNR, local businesses and the County Roads department. The Memo is incotporated here by

reference and the PC is informed it will be provided to the County Commissioners.

2

12.The Memo concluded "designating the 4l surface mines having active DNR permits as

MRLODS will protect a suffrcient supply of mineral resources for the current planningperiod {2020-2040) and well beyond."

o The Memo also stated there are enough sand and gravel resources present at themines with DNR permits to last this County some 1 17 to 44A years. Regarding hard

rock (basalt), the estimate is the Counfy contains enough of that mineral resource for50 to 200 years.

13. Further study by County staff indicated only 3 1 of the 41 mines with DNR permits are

currently active. The 31 mines will supply enough mineral resources for the 2A year

planning period and beyond.

14. Staff also prepared and provided to the Planning Commission maps showing existing surface

mines and the underlying geology for three regions of the County, specificaliy Sequimplanning region, Port Angeles planning region and the west end planning region. These

maps were based on data available at the DNR web site. These maps led to the designation of272 square miles as MRLP, as described above.

15. Staff also prepared and provided to the Planning Comnission spreadsheets showing for each

of the 41 surface mines having DNR permits the estimated supply still in the ground and the

amount taken out each year as reported to the DNR. It was this information that was used to

reach the conclusions of the Supply & Demand memo.

16. Staff also prepared and provided to the Planning Commission a spreadsheet showing some

15% (116r\ of the County's land mass has as its underlying geology either Vashon Outwash(sand & gravel) or Marine Basaltic (hard rock). For purposes of this Transmittal Letter this

one-page document will be known as the "geology study."

17. The Planning Commission reviewed the Supply and Demand Memo, the maps, the matrices

containing statistics for the existing 41 mines and the geology stucly and relies upon all ofthose documents as it makes this recommendation to the County Commissioners, particulariy

because it represents and memorializes staff taking a county-wide approach to planning

relating to Mineral Resource Lands.

18. Staff also reviewed the website for lhe State Department of Natural Resources ("DNR") forcertain information, including surface mines in the County having valid DNR permits,

statistics on the amount of resources removed and reported to DNR from this County'ssurface mines, maps indicating the underlying geology of the County and a web page

marked as "Designation of MRL."

19. Staff also reviewed Mineral Resource Land ordinances from Thurston and Jefferson Counties

while preparing these amendments.

20. Mason County's Chapter 8.52, which is included on a page entitled "Designation of Mineral

Resource Lands" made part of the DNR website may be the model ordinance referred to in

3

GMA $. I 3 1(2). That Mason County Ordinance was used to shape performance standards

found in proposed Chapter 33.62.

21 . DCD has ireld I 5 workshops before the Planning Commission from June 2019 to June 2020to address the update to the Comprehensive Plan and Development Regulations pertaining toMinerai Resource Lands. During the workshops the public was permitted to comment at the

begiming and end of the meetings. DCD also accepted written and e-mail comments fromthe public and incorporated relevant comments into the MRL Update.

22. Petitioners before the Growth Hearings Board, Messrs. Lane &. Shaw, have made numerouscomments in writing to the staff and staff has responded to same in writing.

23.To ensure that the public has been aware of this update, DCD has done the following:a. The Clallam County Commissioners passed a MRL Update Public Parlicipation Plan

through Resolution (68-2019) passed on August 13,2019b. Established a website on the County Website around August 15,2Al9 & continually

updated it with relevant documents;c. Established a MRL suruey for the website.d. DCD established a Mineral Lands Interested Party E-mail List and send the 25

individuals information that included the PC Packet and relevant informationregarding the MRL Update.

e. On August 2I,2019 DCD sent mailers to approximately 1,065 landowners within1,000 feet of existing surface mines to inform them of the MRL Update Process and

the 4 regional workshops.f. Placed legal notice in the Peninsula Daily News, Seqr"rim Gazelte, and Fork Forum

informing the public of the 4 Regional MRL Workshops.g. Held a workshop in Forks on September 3,2019.h. Held a workshop in Por-t Angeles on September 17 ,2419.i. Held a workshop in Sequim on September 24,2A19.j, Held a workshop in Clallam Bay on October 1,2019.k. Brought the proposed changes to Titles 27,31 anel 33 to the PC at a public meeting of

the PC held on April 20, 2020.1. The documents brought before the PC on April 20,2020 have gone through iterations

before their approval on July 15,2A20, but the major concepts of the documents, forexample, the classification scoring system, the MRLOD concept and the designation

of existing surface mines immediately, have not changed in these iterations.

m. Thus, the 'broad strokes' of these amendments have been available for and vulnerable

to citizen review, comment or criticism for some 3-4 months'n. Some of the suggestions provided to the County through public comments between

April 20, 2020 andJuly 1,2020 have been incorporated into the proposed

amendments.o. DCD sent mailers on June 24,2020 to 1,057 landowners within 1 ,000 feet of existing

surface mines to inforrn them of the MRL Update Process and where to obtain

adclitional info.p. DCD published notice in the Sequim Gazette on June 17 and24tt' nottfying the public

of the PC July 1,2A20 Public Hearing regarding the MRL Update.

4

q. DCD published notice in the Forks Forum on June 18 and 25 notifuing the public ofthe PC July 1 ,2A20 Public Hearing regarding the MRL Update.

24.DCD issued a SEPA Threshold Determination of a Determination of Non-Signihcance on

June 1 5,2A20. The comment period on the DNS ends on June 29,2A20. This DNS was

routed to the following: WA State Department of Ecology, Fish & Wildlife, Natural

Resources, Transportation, and Archaeology and Historic Preservation; The Cities of Port

Angeles, Sequim, and Forks; and the Elwha, Jamestown, and Quileute Tribes. The SEPA

notice included documents and maps for the MRL Update along with how to participate in

the July 1,202A public hearing.

25. One comment was received regarding the Threshold determination.

26.The Planning Commission held a Public Hearing on July 1,2A2A regarding the amendments

to the Clallam County Comprehensive Plan and Development Regulations pertaining to

Mineral Lands. DCD received some 3lcitízencomments frorn April 20,202A and up to and

including the July 1,202A public hearing, all of which were forwarded to the PC forconsideration. DCD addressed relevant comments in the proposed amendments to the

Clailam Counfy Comprehensive Plan and Development Regulations pertaining to Mineral

Lands.

27. The final draft amendments to the Clallam County Comprehensive Plan and Development

Regtrlations pertaining to Mineral Lands were subject to a PC vote on July 15,2A20. A vote

was held; and 7 were in lavor and I was opposed with l absent. Based on this affirmative

vote the proposed amendments to the Clallam County Comprehensive Plan and Development

Regulations pertaining to Mineral Lands are hereby forwarded to the BOCC.

28. This is a list of what is proposed to be revised or added to the County's Comprehensive Plan

and Development Regulations :

Title 31 Clallam County Comprehensive Plan3 1.01 .100 Revision to remove reference to federal lands

31.01 .200(3) Add reference to "mineral resource lands"3 1 .01 .300 Added reference to 4tl' general land use

3 i.01.400 Added clarifYing text31 .01.500 Added new paragfaph regarding public participation

31.02.050 Added definitions, revisecl existing definitions31.02.145 Renumbered as 3 I '0216A and 1'7 new subsections

31.02.150 Revised and supplemented31.02)6A Old 31.A2)45, see above

31.02.170 Classification of mineral resource lands-NEW31 .02.180 Designation of mineral resource lands-NEW31.02.190 Mineral Resource Land Overlay Districts-NEW

Title 27 .10.020( I ) - Revises eiigibility for right to mine protection, removing requirement to

record disclosure with Auditor

5

Tîtle 27.1A.A20Q) -Disclosure for right to mine; (revision)Title 33.03.010 new and revised zoning defìnitions; (revision and additions)Title 33.07 establish a new Zoning section addressing Mineral Resource Lands (MRL) &Mineral Resource Lands Overlay District (MRLOD); NEV/Title 33,62 Requirements and benef,its of MRLOD. NEW

29. Based on these Findings of Fact, the Planning Commission adopts and transmits the

following Conclusions to the Clallam County Board of Commissioners.

CONCLT]SIONS:

A. The Clallam County Planning Commission concludes that the proposed and above-iistedamendments to the Clallam County Comprehensive Plan and Development Regulationspertaining to Mineral Lands should be enacted into law by the County Commissioners.See Findings of Fact (or "FOF") #10 and #28 and generally all FOF.

B. Clallam County implemented and achieved, as shown in FOF #23 above, for the citizensof Clallam County "early and continuous" ptrblic participation with respect to these

proposed amendments as required by GMA $.035(l) and $.140.

C. Clallam County through this process achieved compliance with GMA $. i31, whichrequires a County undertaking its "periodic review" to take specified steps when itrevier,vs "designations and development regulations" specific to mineral resource lands

For exampie, the County

Resource Lands-Potential" (or "MRLP") based on the underlying geology at

those locations as shown on DNR mapping. FOF #7.

county-wíde, specificaliy in the Sequim, Port Angeles, and westem Regions

of Clallam County, thereby taking into consideration new information about

mineral resource lands as requireci by GMA $.131(1). See FOF #11,#12,#13

memo and the maps and spreadsheets that may be added to the

Comprehensive Plan as requirecl by GMA $.131(l). FOF #14 through #18.

other WA counties west of the Cascades, including Mason County's Chapter

8.52, which is included on a page entitled "Designation of Mineral Resource

Lands" on the DNR web page and which may be the "model ordinance"referred to in GMA $. 13 1(2). FOF # I 8 through #2 I

D. This proposal would, if enacted, would for the first time insert into the Comprehensive

Plan and the related development reguiations an objective method to classiff (score) and

6

designate (mark and protect) mineral resource land. Designation and classification ofMRL is required by GMA $.060(1)(a) and the "Minimum Guidelines to ClassifyAgriculture, Forest, Mineral Lands and Critical Areas" codified at Ch. 365-190 WAC,and, more specifically, and by way of example only. WAC 365-190-040 and 365-190-A70. See FOF #4 through #9.

E. Designates and thereby protects and conserves MRLs that will supply the County withsufhcient mineral resources for the plaruring period and beyond by irnmediatelydesignating as MRLODs the 3 I surface mines that are both active and in possession of aDNR surface mine permit. Also designated as MRLP some272 square miles in theCounty. FOF #6, #7, #14 and#16.

F. These amendments do not alter one iota the ability of a landowner to apply forpermission to operate a surface mine at locations that are zoned either Commercial Forestor in 1 1 of 13 rural residential zones. As such the proposed amendments do not place an

undue burden on the County or operators or want-to-be operators of surface mines in thisCounty. See FOF #9.

G. For example, to the extent the proposed amendments have been objected to by operatorsof existing surface mines, those objections have been incorporated into the proposed

texts. For example, a comment was made that underlying geology should cause the

county to immediately designate as MRL certain lands suitable in theory for mineralextraction. That is why 272 square miles of the Counf will be designated as MRLP. See

FAF #23,#25,#26.

H. The general public has not expressed significant opposition to the proposed updates to the

Minerai Lands, and has been generally supportive of the process. FAF #23,#25,#26.

I. Messrs. Lane and Shaw, who filed the Petition for Review with the Growth HearingsBoard, have been and are actively involved with this Mineral Resource Lands reviewprocess. This included attending most of the PC workshops, attending the 4 regionalworkshops, and providing detailed comments regarding the proposeci amendments. Some

of their comments have been incorporated into what is now being sent to the BoCC. See

FOF #22 and#23.

J. These proposed amendments to the Comprehensive Plan and related developmentregulations relating to Mineral Resource Lands will not be burdensome for County staffto implement and monitor. See all FOF listed above.

K. These proposed amendments to the Comprehensive Plan and related developmentregulations relating to Mineral Resource Lands are forwarded to the CountyCommissioners in order to comply with the May 2019 Remand Order from the Western

WA Growth Management Hearings Board. See FOF #l thror-rgh #3.

L. These proposed amendments to the Comprehensive Plan and related developmentregulations relating to Mineral Resource Lands are consistent with Ch. 36.704, the

Growth Management Act, both procedurally and substantively. See all FOF.

7

M. Authority is granted to the County Commissioners to enact into law these proposedamendments pursuant to the general "police power" granted to them by Article XI,Section l1 of the State Constitution and RCW 36.32.120.

The Planning Commission held Public Hearing on July 1,2020, which was continued till July15,2020. At the July 15,2020 Public Hearing, the Planning Commission voted 6 in favor, I

opposed, and I absent to pass the proposed amendments to the Mineral Resource Lands. Thisincludes the following attachments: Executive Summary; Amendments to Comprehensive Plan;Amendments to Zoning Code; Amendments to the Right to Practice Forestry, Mining, andAgriculture; Geology and Zoning maps and spread sheets for Sequim, Port Angeles, and WesternRegional Areas; and a Supply and Demand Memo. Based on the above these items are beingforwarded to the BOCC for their consideration.

J/J"."q ã.¿¿oS CI ice Chair DaæO

8

2. Executive Summary;

INF'ORMATION FOR. THEPLAT{NING COMMISSION AND THE COUNTY COMMISSION

ON REMAND FR.OM WESTERI\{ WA GROWTH BOART)REGARDING MINERAL RESOURCE LANDS

Datecl Jvly 20,2020

MXECUTIVE SUMMARY

Not since 1995, more than two decacles ago, llas Clallam County clelved into the issue of how to classify,clesignate and plotect mineral resollrce lands. Mineral resource lands, as a type of natural resollrce lands,

hold an exalted place in tlie GMA universe as they have tl-reir own Goal, Goal 8.

Examination of the current texts in the Comprehensive Plan (Title 31) and the development legulations(prinrarily Titles 27, 33 and 35) indicates a paucity of text concerning itself with mineral Íesource lands (or"MRL" fol convenience). For example, this County nevel' enacted a written policy for classifying, i.e.,

deciding which parcels should be classifìed as MRL. Nor was thele a forrnal designation policy, instead anyland designated as Commelcial Forest ("CF") was autornatically co-designated as MRL without the Countydetermining if the mineral resource underneath the CF was of sufficient quality to meet WA State DOT or'

County specifications. In fact, the resource uncler the CF lancls is in large part only suitable for buildingforest roads that facilitate tirnber harvesting.

Clallarn County accomplishecl its requirecl "periodic upclate" in 2018 when the County Commissionersapproved Resolution #82-2018. That Resolution was successfully challenged before the Western WAGlowth Management Healings Boald ("WWGMHB"). That is why Clallam County must re-examine ancl

rewrite its Comprehensive Plan and development legulations as they relate to mining and mineral resources.

In response to the Remand Order from the WWGMHB County staff proposes the fbllowing in partnelsliipwith an extensive "public participation" process summarizecl via new text in the Comprehensive Plan at

$31 .01.500 and not discussed in this memo.

County staff is proposing as a method for classification of minelal resource lands a scoring system thatawarcls points and that without bonuses has a maximum score of 150. The scoring system will be added tothe County's Comprehensive Plan at a new section, CCC $31.02.170. The scoring system is based on 1)

under'lying geology, 2) quality of mineral resource plesent at a particular location, 3) distance to populationcenters, 4) size of adjacent parcels and sulrounding land uses, 5) depth of the overburden, and 6) assortedotlrer factors per V/AC 365-190-070(3xcl) & (e). The factols do not carry equal weight in the scoling system.

There will be two routes to designation, one initiated irnmediately by the County and, a second louteavailable to interestecl landowners. The Comprehensive Plan will contain anew section at CCC $31.02.180,wlrich generally repeats the text of the designation criteria found at V/AC 365-190-040(5) and WAC 365-1 90-070(4).

Staff recommends that via tl'rc 2020 regular amendrnent process some 31 mines having a DNR permit and

which are cllrrently extracting resources be designated as Minelal Resource Land Ovellay Districts orMRLODs. Based on a separate "Supply & Demancl" memo prepaled by staff, those 31 mines alone do and

LJuly 20

will provide mineral resollrces of sufficient quantity and quality to supply this County's clemands wellbeyond the 2O-year GMA planning periocl. Since some I 5% (272 sq. miles) of the County is either Vashon

Outwash (sand & gravel) or Marine Basaltic (hard rock) and thus likely to be commercially-viable sources ofminerals, land having those underlying geology, accolding to DNR mapping, will be immedìately designated

via a Comptehensive Plan amendment as Minelal Resources Lands-Potential or'"MRLP."

Landownels seeking MRL or MRLOD clesignation may use the classification scoring system described

immediately above OR may qualify as an MRLOD witliout a classification scole by satisfyirig the criterialisted at ploposed $31.02.180(5). A Cor-np Plan amendment will memorialize either co-designation as MRL(score 90-119) or MRLOD status (score <I20) or one can appllpulsuant to $31.02.180(5). Such Plan

amenclments will be county-initiated at no cost to the landowner in 2020 and 2021 upon the request of the

landowner. Note that at least 15 of the classification points that get a site to score at least 90 or at least 120

must come fiom the category of "underlying geology" so there is proof there is a useful resource underneath.

At any location with MRLOD designation only trvo new sections of Title 33 will be controlling. SpecificallyCCC 533.07.045, which lists the perrnitted uses ancl liririts them to those that can eithel co-exist with a

surface mine or may occur after the mine site is reclaimecl, and Ch. 33.62, which lists, for example, how toapply fol MRLOD clesignation, the benefits of being an MRLOD and the performance standards applicable

in an MRLOD. All other clevelopn'rent regulations, such as the Critical Areas Ordinance (Title 21.12 CCC)

ol the Shoreline Master Program (Ch. 35.01 CCC) will contiriue to apply.

Any parcel or site that scoles 90 to 119 will be co-designated as MRL, along with its undet'lying or pre-

existing designation, for example, "Rural Low." Such a parcel outside of CF land will not need a CUP tobegin operating a surfàce mine and will be plotected fiom neighboring developmerf by the County's "Rightto Forestry, Mining and Agliculture" regulation, Title27.10 CCC. HoweveL, because of the co-desigrtationtlre rnles of the pre-existingzone will apply to development, unless they contradict the rules established forany land clesignated MRL as found in a new cocle section at CCC $33.07.045. If a conflict arises, then the

text of CCC $33.07 .045 will control. Again, all other development regulations will continue to apply.

Existing routes to opening a mine woulcl remain untouched because sur.face mines remain øn "allowed" use

in CF lands and are permitted with a Zoning Cottditional Use Fernút in II of 13 rurøl resíclentíal zones.

These new sections on classification and designation must be paired rvith parallel text in the clevelopment

regulations to clescribe how a particular parcel or site rryill be classified and designated. Sepalately, County

staff proposes to amend two definitions found in CCC $33.03.010 based on citizen comment. Additionally,and also based on citizen comment, four new definitions are proposed to be inclucled within CCC

$33.03.010. One definition, of the worcl "should," has been lewritten so that is precisely the same in both

the Comprehensive Plan and the development regulations.

Former Comprehensive Plan $31.02.145, entitled "Mineral Resource Lancl Issues," has beeri supplementedwitlr 18 new sections and renumbered as $31,02.160. Comprehensive Plan $31.02.150, entitled "MinelalLand Goals," has been augmentecl to indicate, for example, that if a parcel or site gains MRL designatiou,

then extraction of the mineral resource at that site is the preferred use and may not be impeded

Also, the "clisclosure" text at CCC ç27.10.020(1) and (2) neecls to be changeclto conformto state law. The

need fol both of these changes was pointed out by citizen comrnent and the changes are in fact requiled.

2-July 20

R.EGUTATORY BACKGROIINÐ and REMAND'With respect to natural resource lands which include mineral resource lands (or' "MRLs,") there are several

applicable sections of the Growth Management Act or "GMA." There is the duty to designate and conserve

natural resource lands, in accordance with RCW 36.10A.040(3), which states, in relevant part:

"(3) -Any coullty or city that is initially reguiled to confolr r,vith all of the tequirements of thischapter'unclcr s.rbsection (1) of this sectrirr shall tahe actions under this chapter as foliows: (a)

(b) the county ancl each city located rvithin the count¡r shall clesignate criucal areas,

agricultural lancis, forestlancls, and minel:al LesouLce lands, and aclopt clevelopment regulationsconsen ing these designated agricultural iancls, foresdancls, ancl nrineral tesoutce lands andprotecting these clesignatecl critical areas, utlder RC\)7 '''" ¡li;' ,'fi and it' f !':it'.{ir:!i;')

And tlrere is a deadline listed in RCW 36.70A.170 by which counties such as Clallam County that plan underthe GMA must clesignate mineral lesource lancls where there is a potential for commercially profitableextraction over the long term:

"(1) On or before September 1.,'199I, each county, ancl each city, shall designate whereappropriatc:

(a) Agricultural lands .....;(b) Forestlancls . ....;(c) À,Iineral resource lancls that ate not ah'ead¡, charactet;ized by utban growth ancl that

have long-term significance' foL the extraction of minerals; and"

The authors of the GMA lealizecl local governments such as Clallam County would want professional adviceon how to designate natulal resource lands. As a result RCW 36.704.050 was enacted dilecting the State

Dept. of Conmrerce to write ancl aclopt " Minimum Guiclelines to Classify Agriculture, Forest, Mineral Lancls

ancl Clitical Areas," now in place at Chapter 365-190 WAC. I will write more about those WAAdministrative Code (WAC) plovisions later in this memo.

At the time that the Connty adopted its GMA-derived Comprehensive Plan ("the Plan") and relatedclevelopmerf legulatior-rs this County clid inclucle text for mineral resource lancls in the Plan. In this regard see

the Plan at $31 .02.910 which includes two interrelated maps, one of which lists thlee broad zoning categories(ur:ban growth areas, rural lancls and comrnercial folest lands) ancl the second of which has the followingadclitional text:

'Personsreaclingthismemomaywonderifthereisadefinitionof"long-termsignificauce"andinfactthereisatWAC 365-190-030(1 1), which states in relevant part.

"'Long-teLm commercial significance'includes the grorving capacity, productiviqr, and soiicotnposition of the lancl for long-term commercial procluction, in consideration r.vith the lancl's

proximrty to populatiolr areas, and the possibrlity of rnore intense uses of land. Long-tetmcommercial significance lrreans the land is capable of prociucing the specifiecl natural resor-rrces at

cornrrretcially sustainable ler.els for at least the twenfy-year planning period, if adequatelyconsen.ed.

3-July 20

"Note: N4ineral resource lancls also inclucle areas desiguatecl undcr the Gcneralizec{ Clailam

County Comprehensir.e Plan as Comnrercial llorest ancl existing nrtning opeLations."

In this way any land designatecl as Commelcial Fol'est was also co-designated as MRL. Tliis co-clesignation

arose, at least in part, fi'om a committee repoú pr'epared circa 1995. in acldition the Plan has text relating toMRLs, specifically $31.02.145, entitled "Mineral resource land issues," and $31.02.150, entitled "Mineralland goals."

Mineral resource lands were hanclled differently in the County's clevelopment regulations, found at Title 33

of the County Code. In any zone within the category of "commelcial forest" mineral extraction, whichinclucles extracting and processing tire resolrrce, is a "perntitted" or "yes" use. See County Cocle $$

33.07.020,.030 and .040. Ancl in the rural zolles, codifiecl in County Code at Chapter 33.10, mineral

extractiorr is authorizecl tl-rrough a "conditional nse" permitting process. Also, as lequired by RCW36.70A.060(1Xa) & (b), the County Cocle inclucles, at Ch.21.10, a section that protects forestry, mining ancl

agliculture flom claims such an operation is creating or coudoning a public nuisance. See CCC S27.10.010.In addition, for new clevelopment within 600 feet of the natulal resource extraction operation, the followingclisclosure lnust be on the face of tlie subclivision ancl the landownel buying a lot l-ras to acklowledge theirleceipt of the disclosure text:

If ¡'qrt real properq,'is rvithin 600 feet of ¡rropert¡'usccl for fotcsttl', mrning or agriculturaloperalions or incluclecl rvitlin an area zonecl for folesttl' or agricultural purposes or as a

ciesignatecl mining site, 1'e1¡ ma)/ be subjcct to i-nconr.'eniences or clisconrfotts arising fronr such

operations, INCLUDING llUT'NOT LIN{ffI--l,l)'1'O NOISli, T'IìEE RIIN{O\¡AL, ODOIìS,INSEC'|S, FUMES, DUS'T, SIVIOKI], TI_I]J OPI1IìA]'ION OF NIACHINERY OF ¡\NYKiND DU1ìING ANY 24 HOU1ì PEIìIOD (INCLLTDING ¡\IRCIIAFÐ, TI-IE STOR'\GEAND DISPOS¿\L OF M¡\NUI{E, A.ND TFIll,\PPLIC¡\TION llY SPIìAYiNG OROTFItr,R\7IStr OI] CFIF,N,TIC-'\L FE,RI-I],IZE,RS, SOiL ÀN{E,NDN{ENTS,I-I]]1ìBICIDESAND PESTICIDES. Clallam County has deterr-ninecl that the use of real Propert), for fotestty,mining or agricuitural operations is a high priority anci favorecl use to the Counqr ancl r'villnotconsicler to be a nuisance those inconveniences or cliscomforts arising from forestry, mining oragricultural operations, if such operations are consistent r,vith corlmonly accepted bestmanagefirent practiccs and conrpl¡' rvith local, State and Fecleral larvs. HOWEVEIì, THOSEACTIVITIES \X/l IICFI Atìll NOTtllll-¡\'I'ED TO NOltl\,IAL JrOIìLiSTRY, MINING OR¡\ GRICUI-TUIì1\L OPtr lL'\'n ONS OR \)7FI ICFI D O N O'I FOLI-O\)7 1l ll,STN'IÄNAGEN4L,N'f PRA.C'fICIIS, ¡\S DEFINÞ,D IN TFIII FOIìES]'PIì.\CTICES ¡\C-I,'fFlllSURF,{CE, MINING,{CT 01ì TH]] C],,U-J-ÅN{ COUNTY CONSI.]IIVA'I'ION DISTIìIC-I'FOR ¡\GRICUL'fUR \L P1ìr\CTICES, ;\llE NOT PIìOTEC'IED UNDF,R THEPITO\/ISIONS OF TFIIS Ol{DINANCE.

Strtff is propositîg a cltunge to tltis text to ltave our text conþr'm to RCW 36.704.060(1)(b).

In2018 the County completed its "periodic review" of the Comprehensive Plan by adopting Resolr-ition#82.That Resolution did not change any text to either the Plan or the County's Code.

In the context of this "perioclic review," which is a legislative clecision vulnerable to appeal to the GrowthBoard, Messrs. Lane and Shaw challengecl in October 2018 Resolution #82 as not being compliant with the

GMA and the lelated V/ACs. Tliey filed a Petition for Review (or "PFR") to the Westeln V/A Glowtli

4July 20

Management Hearings Boarci, WWGMHB #18-0006. While Lane and Shaw made about a dozen

allegations in theil PFR, those allegations boil down to three types of claims: 1) the failure of the County to

include the public in arl "early and continuous" mannel when it did its "pedodic review" of the Plan, a so-

callecl "public participation" claim, 2) too much land is designated as MRL without any lecord indicatingwhy certain lands ale designated as MRL, and 3) the failure of the County to undertake the mandated review

steps for natural resource lands lequired by RCW 36.70A.131:

"RCW i !'i.-L1l li. j.Ì,iMjgç1a[ ps,out=gç land"q;Rçyi"-"y g{ tS"leç"{ d"lis1}31i9n9, a*d dgwçfgpmg"gt Í9g*1,?f¡93-9;*,,,,,,,,,

Äs part of the rer.ierv requireci by l{C\Xl .1,{¡. i!l'r. : ,íl(1), a coullty or city shall teview itsmineralresourcelandsdesignationsadoptedplrrsuanttoRC\7,.';1,¡r:,¡r,1'¡1¡ andmineraltesourcelands development regulations adopted purslraflt to llC\X/ .¡{!,lJì¡,.1j1i1ì and lt .'¿a¡4 -rì{ì{}' In itsrevierv, tl"re county or ciq, shall take into consideration:

(1) New information made available since the acloption or last review of its designations

or development regulations, inclucling data available from the depattmcnt of natutal resources

relating to minerai tesource clepostts; and

(2) Ner.v or rrroclihcd moclei clerrelopment reguiations for mineral tesoutcc lands preparedb1. the department of natural J,'esolrrces, the *depattment of commr,rnity, tlade, ancl econotnicdevelopment, ot the Washington state association of counties."

The 'Western Growth Board agleed with Lane and Shaw and coucludecl the County hacl not included the

citizens of Clallam County in "early and continuous" public participation when it undeltook to begin and

then complete its "periodic review." That was grouncls enough for the Western Growth Board to grant the

PFR and lemand the "perioclic review" plocess to the County. The Western Growth Board (or "Board")expressly clid NOT rule on whether the plocess leading up to the adoption of Resolution #82 cornplied withRCV/ 36.70A.130, but did orcler Clallani County to undertake and complete a "do-ovel" with respect to

RCW 36.104.t3r:

Howêver, thc Board agrêes that the FDO lnadvcrtently fallcd to approprlately include

referenoe to the vlolation of ROW 36,704.131, An alleged violatlon of RCW 38.70AJ31 wae,

the speoific focus of thc Petltlon for Revlew. As etated, the Petitioners did not ehallenge the

antlrety of the RCW 36,704,130 update prooess but rather only that pottion of tho procsee

related to the mlneral rêBource landE'deelgnation and implementing development

.egulatlons requlred by RCW 36,704,131,

(See the May 3, 2019 Ordel Denying Motion for Reconsideration and Clarifying Final Order', p. 3.)

And tlrat same May 3,201,9 Order at page 4 also stated, with text not found in the original Final Decision and

Orcler addecl:

5July 20

. At page 15, llne 24:Thø Board remandE thls matter to tho County to,comply-tuith

ROW 36,29Â,131 ancLlruåp dolnç, to meet the publlc participqflon reQulremqntÊ of

B$W 36.704,035 and BQI¿Y 36,704;140, accordlng to the followlng scheduleT:

(underllned added)

And now here we are, in the midst of our work on the do-over with respect to 1) insuring "early and

continuous" public palticìpation occrlrs with respect to this REMAND and 2) complying with the mandates

of RCW 36.70A.131 and the related WAC provisions. To insure adequate public participation the DCDproposed and the BoCC apploved a public participation plan that involvecl 4 regional meetings across thecounty that occurred in late 2019. Those meetings were prececled by the mailing of notices to interestedparties and those persons owning land near existing surface mines. Some persons, such as Lane and Shaw,

appeared in pelson at these rneetings and offered oral and written comments. The Planning Commission has

met with Rian Skov, a Lepresentative of DNR. County staff is aware of the study fiom Pacific LutheranUniversity, a study that suggests, for example, that public entities typically consume 75Yo of the aggregate

materials needed annually, while plivate constmction consunres the lest. A Supply ancl Demand memo forClallam County was prepiled by county staff. The study concludecl the 31 existing and currently activesurface mines have a sufficient supply fol many clecades.

There is no doubt, even in the lrypothetical absence of the Lane/Shaw PFR, that Clallam County must re-examine those portions of the Plan ancl the r'elated development regr"rlations that relate to MRLs, since it has

been some 25 years since they were last examinecl and the perioclic review of the Plan, including MRLs,must occur every eight years accolding to the text of the GMA.

Because the Remand occurs as a lesult of a mandatory "periodic review" or update, certain WACs apply.Our analysis should begin with WAC 365-196-61A, which states Clallam Courty's next update must be

conrpleted by June 30, 2024. The lequired scope of leview, according to WAC 365-196-61O(1xe)(iii),includes "review of IMRL] clesignations and [MRL] clevelopment regulations adoptecl pursuant to RCW36.10A.040 ancl .060." This text is important enough to be fbuncl twice in the same WAC, since it is alsolepeated at WAC 365 -196-610(2XbXiiXC).

Also relevant to this plocess is V/AC 365-196-480, which is entitled "Natural Resource Lands" and states, inrelevant part at 365-196-480(1 Xb):

"þ) Counties ancl cities planning uncler the act must tevierv theit natural resource landsdesignations, comprehensir.e plans, policies, and development regulations as part of the requirecl

periodic upclate under IìCW,r1. l-{ì,1'., .. i11(1 ) and,,ii.7-f 14. L.Ì i."

I-Iere it is important to lemincl the readel of the Growth Boarcl clarification stating Lane and Shaw'sclrallenge was to whether the County complied with RCW 36J0A.131 as the LanelShaw PFR did NOTpresent a challenge to the County's compliance/non-compliance r¡'ith RCW 36.70A.130. That same WACplovision, at WAC 365-196-480(1Xe) discusses the irferaction, if any, between MRLs and urban growthALEAS:

6July 20

"(e) A,fineral lancls nray þç designated as nrineral resollrce lancls rvitlLin urban grorvth areas. Theremay be subsequent reuse of mineral ïesource lands r.vhen the mlnerals have been mined out. Incases rvheLe designated minerai rcsorrrce lancls are lil<ely to be mrned out and closed to furthermining rvrthin the planning period, the surface mine teclamation plan and permrt fronr thedeparlnrent of natural resources division of geology should be revierved to ensure it is consistcntrvith the adoptecl conrprehensive land usc plan'."

Note that as a result of that first sentence above, the decision-makers (PC and BoCC) have sorne flexibility toallou¡ mineral resource extraction in urban growth areas basecl on the idea that extraction would be occuningvery close to the site of the end use of that mineral ïesource.

In aclclition, V/AC 365-196-480(2)(l) imposes one requiremerlt on Clallam County and informs us whereother rnandates might be founcl:

"t) Developrrrent re.qulations must assure that the plannecl use of lancis adjacent to naturairesource lands rvill not intcrfere rvith tbc continuecl use, in the accustomed manner ancl inaccoLdance rvith best lrrânagelllcl1t p-racticcs, of thcsc dcsignated lands.s Guiclance oncleveloprnent regulations cnsuring the conservation of clesignated resolrrce lancls is found in\7AC 'í.r;).. 1'¡ìf ì,ltl1;."

Upon being dilectecl by the above-listed WAC to WAC 365-i96-815 the reader leams $815 concerns itselfwith conserving natural lesource lancls. Conservation is not only defined in this WAC but counties are

clilectecl to make sure their developrnent regulations take two affirmative actions to conserve natural resourcelands:

"þ) "Consen'atio1l" means lrreasLucs cicsignecl to assufe that the natural resource lands r,vill

remain available to ire used for commercial prociucuon of thc natutal resorrrces designatecl.

Counties ancl ciues should adclress tlvo co1ìrponents to conservation:(i) Development regulations must prc\rcnt conr.cLsion to a usc that terrroves lancl florrr

resource production. l)evelopnrcnt regulations nrust not allor,v a plirnary use of agriculturaii:esoufce lands that would con\¡ert those lands to non-fcsoufce putposes. Accessor)r uses n-ray beallorvecl, consistentrvith subsection (3)þ) of tiris secti<>n.

(ü) Der.elopnrcnt rcgulations trrust assure that the use of lancls acljacent to designateclnatural resource lands clocs not interfere rvith the continuecl use, in the accustomed trrannet andin accordance r,vith the best lrranagement practices, of these clesignatecl lancis for the producuonof foocl, agriculturai procl,rcts, or tirnber, or for the extraction of nrineTals."

Ancl WAC 365-196-815(1)(c) provides the next road map, directing us to Chapter 365-190 WAC. And thatleads the analysis to WAC 365-190-040. That WAC calls for a two-part process, first classification, thenclesignation. Classification is best described as cletermining whether a particular site is likely to contain

'Tllir dovetailing is assulecl at the "front encl" by the fact thatthe county has to sign off/approve on a DNR formkrrowrr as the SM-6 stating the proposecl post-rnining land use is authorizedby the County's development regulations.

' The County satisfies this requirement through enacturent of Ch. 27 .10 CCC, entitled "Right to Practice Forestry,

Mining arrd Agriculture." Ch. 21 .10 CCC borrows its text fronr V/AC 365-196-8 15(1)(e) ancl extencls the notice

requirement to 600 feet where the WAC only requires 500 feet.

7-July 20

mineral resolrrces, i.e., giving a score to the site. One way to score the site is the classification scoring systemstaff proposes at $31.02.170(3). The higher the score the more likely it is that a particular site containsmineral resources of long-term corllmercial signif,rcance or "LTCS." Designation is a declaration the sitelikely does contain mineral resouroes of LTCS ancl serves to protect for the public access over the long-termto that minelal resource. Staff is ploposing two clesignations, Mineral Resource Lancls or Minelal ResourceLand Overlay Distlict (MRLOD) designatior,. WAC 365-190-040 states, in relevant part:

(4) Classificrtion is thc fu:st stcn in irrnlctncntins RC\V .i''/' r'l1' arrcl t'cquiles clcfìuinscategories to rvhich natural rcsolrrce lancls ancl critical areas r,vill be assignecl

(^) Specific classification scherrres for natural resource lands ancl cdtrcal areas are

descril¡ecl in \X/AC irrr' rr:¡' 1i',1' through .. i, iìl¡ ' :'r.(b)

15) Dcsisneúon is thc sccond stclr irr itrrtrlctrcnlins RCW , " ' : ' i '.

(a)PursuanttolìC\)7.1t'.'!tt/1. ri'ì,natutaiÍesourcelanclsanclcriticalareasmustbcclcsignatecl basecl on their clefìncd classifìcations. liot planning puÍposes, designation establishes:

(i) 1'he classification schcme;(ä) The distribution, location, ancl extent of the uses of lancl, rvhere appropriate, fol

agriculture, forestt¡2, and mineral extraction; and

@i) The general distributron, location, and extcnt of critical areas.

þ) Inventories and maps shoulcl inclicate designations of natural resource lands. ..,..(c) Designation mcatts, at a nrinitnum, fonnal adoption of a polic¡, statement, and may

includc further iegislauve action. Designating inr.entorie<l lands fot comprehcnsive planning ancl

policy definition may be less precise than subseqr-rent rcgrrlation of spccific patcels forconsen'a[ioll alld ptotccúon.

(d) Successful achievement of the natural resor'ltcc inclustries goal set forth inlìCN7 r1r-lj.li\'-1T..ili requirestheconsen'ationoflanc{basesr,rfficicntinsizcandquahtytomaintainand enirance those industties, and the der.elopment ancl use of lancl use techniclues thatdiscourage uses incompatible to the llranâgerrrent of clesignatecl lands.

(e) Mincr:al resourcc lancls especial\' 5þeni¿ be clesignatccl as close as possible to thertLikely encl rlse areas, to avoid losing âccess to those valuable minetals by cier.elopment, arrd tomtnurrize thc costs of production anc{ transport. It is expectccl that mineral resource lands lvill bedepletecl of mrnerals over time, ancl that subsequent lanc{ uses fl1a1, eççnr on these lands afternrining is completecl.

Flom this the Plosecuting Attor'ney's Office concludes the Comprehensive Plan and the related developmentslleed to be leworked so they expressly provicle f-or classification ancl designation processes. In orcler toaccomplish that work, the County must review WAC 365-190-070 ancl then model its sections onclassification and designation based on that text. Ilele are the classifìcation cr'iteda as laid out in WAC 365-1 e0-070(3):

(3) Classification criteria.(a) Counues and cities classif¡, minerai resollrce lands based on geologic, envir'onmental,

and economic factors, existing lând t'rses, ancl land orvnership. It rs expected that mineral Íesourcelancls rviil be clepleted of minerals over time, ancl that subsequent land uses may occur on these

lancis aftel rnining is completed. Counties ancl ciues lrray app¡s.'e and permit lancl uses on these

mineral resource lancls to occllr after r¡rning is completecl.

SJuly 20

(b) Counties and cities shoulcl classifl' lancls rvith potential long-term corrmercialsignificance for extracting at least the follor.ving minerals: Sancl, srat'el, and valuable metallicsubstances. Other minerals may þe classified as appropriate.

(c) When classifying these areas, counties ancl ciues should use maps and information onlocation ancl extent of minetal deposits provideci b)r th" department of natural Lesources, the

Unitecl States Gcological Sen'ice anci an¡' relevant information provided by property owrlers.Counties ancl cities mali 2isç use all or part of a cletailed mrnerals classificauon system developed

by the departnrent ofnatutal resources.

(d) Classifi,ing mineral resolÌrce lancls shoulcl be based on the geology and the distance to

rnarket of potentral mineral resource lancls, inclucling:(i) Ph1'sical and topographic characteristics of tire minerai resol-rrce site, inclucliflg the depth ancl

quantiq' of the resoutce ancl clcpth of the overbutden;(ü) Physicai propertres of the resource inclucling quality and type;

(ür) Pro;ected life of the resor-rrce;

(ir) Resource ar.ailability in the region; an<l

(v) Accessibility and proxinriq, to the point of use or market.(e) Other factors to consider r,vhen classifying potentlal mineral Íesource lands should

inclucle three aspects of mineral resource lancls:

(i) The ability to access needecl minerals may þe lost if suitable minerai resouïce lands arc notclassified and designatecl; and(ü) The effccts of proximity to population ateas ancl the possibiliq, of more intense uscs of thelancl in both the sirott ancl long-term, as indicatecl by the follorving:(A) General land use pattcrns in the area;

(13) Availabiliqv of u'ilìde5, including water sup-ply;

(C) Surrouncling parcel sizes and surrounc{ing uses;p) Ävailability of public roads and other public serwices; ancl

(E) Subclrr.ision or zoning fot urban or stnall iots.(ii) Energy costs of transporting minerals.

The designation criteria are listecl in WAC 365-190-070(4)

(4) Designation of mineral rcsolrrce lands.

(a) Counties ancl cities trrust clesignate knorvn mineral deposits so that access to mineralresources of long-term commercial signifìcance is not knor,vingly plecludecl. Priority 1ancluse formineral extraction shoulcl be retained for all designated mineral rcsource lancis.

(b) In clesignating mineral Íesource lands, colrnties ancl cities shoulcl cletermine if acleciuate

mineral resolrÍces are available for projectecl needs from cturently dst¡*t^,ecl mineral resourcelands.

(c) Counties ancl cities rr-ray consult with the clepartment of transportation and thercgional transportation planning organization to determine projected future mineral resourceneecls for large transportation projects planned in thctl arca.

(ci) In clesignating mineral resource lands, counties ancl cities tnust also consider thatrrrining may þç a tempoÍâf)¡ use at any given rnine, dependrng on the alrìount of minerals availableand the consumption ïate, and that other land Lrses call occur on the mine sitc after mrning iscompletecl, subject to approval.

(e) Successful achievement of the natural resource industries goal set forth inllCW ,.{1,7!,liJl,ll}. requiles the consen.atiott of a land base sufficient in size and quality to

9July 20

maintain and enhance those inclustries ancl the developmcnt ancl usc of lancl usc techniques thatcliscourage uses incompatible rvith tire manaeelrlellt of designatecl iaucls.

Enacting this new classification and clesignation rnethodology will allow the County to repeal its plesentirlprecise, "blunderbuss" designation decision that all CF lands are automatically mineral resollrce lands.

Instead. the 31 sut'face mines with DNR permits in active use will be designatecl as MRLOD and 272 sqlrare

miles will be designatecl as MRl-Potential on the basis of tireir underlying geology. Note other sites cangain MRL clesignation if they score 90 points or more. Since the County will be revising what it designates

as MRL staff must review and analyz,e WAC 365-190-040(10), which states:

(1 0) Designation anrendment process.(a) I-ancl use planning rs a dynamtc process. I)csignauon proccdutes shoulcl provicie a

rationai and preclictable basis frrr accommodating change.

þ) Reviervrng natural resolrrce lancls clesignation. In classifying and clesignaung naturalresor-rrce lancls, c<>unties must approach tire effort as a coullty-rvide or regional process. Countiesancl cities shoulcl not rer¡icrv natutal resource lancls dcsignations solel¡' on a parcel-by-parccl process.I)csignauon amcndmcnts shouicl be basccl on consistencv witlr olre or rnore of tbe folloving criteria

(i) i\ cirangc in circurnstances pcrtaining to the conrprchcnsir.e plan or public policy telatedto designation criteria inW¡\C i"")'ì ' '11(3), ' '''l) 1:r,l'(2),2n6{ il'rr 1'¡1¡ lllll(3);

(ü) A cirange in ci-tcurlstances to the subject propcrty, rvhich is be¡'e1d the control of thelandowner and is relatcd to clesignation criteria in W¡\C ,,: l, "t' ll r"(3), ;t ' l(i'; :"'''(2), ancl .'l rl', 't.:, ,t i:r(3),

(iìi) ;\n errot in clesignation or failure to designatc;(ir.) Nerv information on natural rcsource lancl or cliucal ârea status relatecl to the

clcsignauon criteriainWAC ,r,l: - ll ,:ì',1,(3), ".,' ',"t',' ::'.1:(2), ancl. 1rl, r'ìil firlii(3),or(r) r\ change in population grorvth rates, or consutlption rates, especialiy of mineral

fesoLrÍces.

The County has approached the classifrcation and designation process on a county-wide basis by, amongother tl'rings 1) generating the "Supply and Demancl" rreno to consicler county-wide suppiies of ancl demanclfor mineral lesources for the next 20 years, 2) inclucling State DNR maps as part of the antendments and 3)the inrrnediate clesignation of 272 squarc miles as MRl-Potential based on DRN rnapping. it shoulci benoted the "Supply and Demand" memo allowecl staff to conclucle that in olcler to protect enough mineralresolìrces for a century or more for the County's future use oÍìly tlie 31 active mines having DNR permitsneecled to be irnmediately designatecl as MRLODs. The classification ancl clesignation rnethodologies beirrgproposed serve to allor¡, the future angmentation of what will be immediately protected as MRLOD.

REMAINIDER OF PAGE INTENITIONALLY BLANIK

10July 20

Yes, staff proposes the de-clesignation of all CF lancls as no longer also being MRL lancls such that if theseproposals are enacted tliere will l¡e much less lancl desigr-ratecl as MRL. In order to de-designate tlle Countynrust review ancl comply with the designatior-r amenclment cliteria found in WAC 365-190-040(10)(b). Staffconcludes the County satisfies at least three of the five cliteda listecl immecliately above:

Description ofcdteria fi'om'WAC

Facts to show tliis criteria is applicable to Clallam County'spfocess

Change incircumstancesper'taining to CompPlan or public policyrelated todesignation criteria

The changed circumstance is the County's failure to con'rplywitli GMA $.131 r,vhen it enacted in 2018 its mandated"pedoclic review" ancl thus has to review/analyze and alter itsPlan provisions ancl development regulations relating tominelal resource lands.

111 Error in designationor failure todesignate

Existing designation rule that CF :MRL captures too muchland as MRL & land so designatecl may not contain mineralresoul'ces that meet specifications.Existing Plan does not have any designation rules.

IV New information onnatulal resonrce lancl

status

DNR nraps are new compared to existing text frorn 1995;2020Supply & Demand memo infomrs the County how mucir landit neecls to clesigrrate.

The ultimate goal of this new and levisecl text in the Comprehensive Plan ancl the development regulations isto achieve "the conservation of a land base sufficient in size and quality to maintain ancl enhance those

þlineral lesoulce] industries and the development ancl use of lancl use techniques that discourage uses

incompatible with the management of designated iands." V/AC 365-190-070(a)(e).

PROPCSED TEXT AMENÐMENTS

Witlr this backgrouncl information in place, I can begin to summarize the changes proposed by staff.

Tittre 31 Comprehensive Flan

Section Change Staff lationale3 1 .01.100 Delete sentences referring to Olyrnpic

National Forest as commercial folestlar-rd

County clln have julisdiction ovel feclerally-ownecl land

31.01.200(8) Adcl reference to minelal resourcelands in delurition.

Extraction of minelal resouÍces should be

rnentioned under "natural resourceindustries."

3 1.01 .300 Add a 4t" general category of lancl use:

industlial. change folest to natulalTo clarify there are four primary land use

categories.

31.01.400 Added text: "Therefore, for exarnple" To clarily the text here

LLJuly 20

in 3'o gT of this section.

3 1 .01.500 New text at end of this section To explain the public participation thatocculred as a result of the remand by theWestem'WA Growth Boarcl

3r.02.0s0(24) Revised definition ofcommercial si gnifi cance"

"long term Tlie addecl text is taken directly from therelevant section of the WA Adrlin. Code at

wAC 365-190-030(11).3r.02.0s0(26) This is new text to clefine "mitteral

l'esolrl'ce lands."Similar to the definition of this phrase foundat WAC 365-190-030(13)

31.02.050(33) Revised clefinition to exclude tnineralextraction as a form of development

Done b/c in general the extraction of anynatural resource I development, which is

ûrore often typifìecl by a resiclentiaisubdivision or the building of a lesidence

31.02.0s0(36) Revisecl definitior-r to inclicate that"sholrlcl" I "shall and I "may" blttinstead expresses a prefèrence orrecommendation.

Dictionary states "shoulcl" is the past tense of"shall" so a definition to remove thisreclundancy was needed. Intent was to have"shoulcl" imply less discretion in the hancls ofDCD than "may."

3 1 .02.0s0(3 8) New text to clefine a "20 year

supply."If adoptecl, this text would requit'e County tore-evaluate supply ancl demancl fol aggregateevery 7 years. The supply & demandanalysis will be generated based on tl-re

quantities extractecl by mines with DNRper'mits (self-reporting) and the quantitìesused by the County road clepaftment.

3r.02.140(e) Revised text: (9) Forestry shall be

enconragecl both within and outsicle ofdesignated commercial folest lands.

Reforestation shall be encourageci as

the subsequent plefelred reclamationupon designatecl MRLOD depleteclsurface mines other clenletecl

surfacemines. M

Rephrased (per citizen comtnent) to leflectthat this is a section listing forest goals notmineral resollrce goals and that what shouldoccur after a timber harvest on CF is re-planting for the next timber harvest. Thissection cloes not prevent Mineral Resourceextraction from occurring on CF lancl.

31 .02.140( 1 9) Text remains the same except drop thelast sentence b/c that last sentence

involves an agreernent w/ DNR thatwas to be signeci in 1995.

No agreement with DNR occurrecl and noharm in clropping this ancient text that wascurrent events only back when Comp Planadopted in 1995

31.02.140 All other text within 31.02.140 remains the same.

31.02.145 Renunrbered as 3 1.02.16031.02.150 Mr-rch of this section ls new See underlining fur new text. Former $2 is

now cs5 AND $5 has been expancled.

I2-July 20

31.02.1s0(4) Revised text speaks of 2 distinct steps:classifying Mineral Resource land andthen designating it. Also directs reader tonew $31.02.170, where staff proposes ascoring system to classily MRL

The distinction between the two tasks istaken clirectly fi'om WAC 365-190-040.

31.02.1s0(s)(e) Once a lnineral resource site has beenciassified ol clesignated ancl if surfacemining is lawftilly undertakeu there. thensuch site sliall be consicleled a pleferreclland use and leceive protection under theCounty'5 & "right to practice mining"ordinance and development proposalswithin 600 feet of such sites will be

reviewecl fol compatibility with mineralextraction activities.

Lancl classified as MRL (>90 points)or designated as MRLOD (l 120 pts.)will be protectecl by "right to mine"ordinance if sLu'face rnining occut's at

that site.At least 15 of the points that get asite to 90 or 120 must be from thecategory of oounderlying geology" as

proof "useful" (commercially viable)material underlies the site where a

surface mine is proposed.

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3r.02.150(5XÐ Added in the words "clevelopmentregulations"Also rnade clear that "best managementpractices" arise from federal, state ancl

local laws and regulations

The surface mine must comply w/ will thedevelopment regulations that apply to an

MRLOD even if they only have lancl"classified" as MRL. See uew county codeat proposed Ch.33.62.

31.02.i50(5Xe-i)

Four new subsections Aclditions proposed hele authodze theMRI-OD development regulations to givepriority to mineral extraction overresidential subdivisions and to allow an

MRLOD even outside of CF lancls.

31.02.160 Renumbeled folmer S31.02.i45 and as

ploposecl contains 18 new sections andone existing section

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Intended to describe in narlativeformat the cletails of the leviewprocess that a ploposed surface mineunclergoes.

Points out that under CF is typicallylouncl mineral resources that wouldnot meet road depaltmentspecifications.Note well: This lengthy section +regulations that must be compliedwith.Note subsection (7) r'ernoves the co-designation of CF and MRL founcl inthe current version of the Comp Planand states where and how mineralextraction is authorized in nlrmerouszones.

3r.02.t70 NEW SBCTIONrelates to how County will go about

See WAC 365-190-070(3), which lists thecdteria counties shoulcl use when they

13July 20

classifying (measuring) land as containingpoor or little (<90 pts), good (90-119 pts),

or excellent (120+ pts.) mineral lesources.Palcel is scored on numerous scales, e.g.,distance to urban areas, life of resolrrce,underlying geology, etc.

classify MRL, f,or example:o depth & quaritity of the resollrce,o quality and type of the r:esource,r ptojected life ofthe resource,. proximity of site to end users,. surrolulding land use patterns, and. surrolrnding palcel size, etc.

Staff ploposes a scale fol each of these

criteria, adding or subtracting points based

on the facts arising from a site

3 1 .02.180 NEW SBCTIONCreates the methocl by which lands thatcontain mineral resollrces that score < 90but < 120 (goocl but not excellent) whenscorecl on the classification systern gain a

co-designation as MRL. Such lancl isdesignated as MRL aud yet alsoRETAINS their earlier/existing zoningcode designation.This designation as MRL + MRLODdesignation blc these lands are notexcellent sources of minelal Íesources.

MRL is not sanìe as MRLOD. MRLODis reserved for excellent soul'ces ofminelal resources.

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See WAC 365-190-070(4), whichstates counties "mllst designate knownmineral resource cleposits so thataccess to mineral Íesources of long-term commercial significance is notknowingly precluded."If classificatior-r : measuring orscoling, then designation : labeling.Labeling must be done to conserveaccess to minel'al resources over theplarrning peliod, i.e.,20 yeaïs.

County will yearly initiate Comp Planamendment to co-designate MRLSulface mines operating on the landw/ MRL designation would have theplotection of Ch. 27.10 CCC, the"Right to Forestry, Mining, Ag" code.For MRL, other than protection of Ch.27.10 CCC, all the rules of theurclerlying ol pre-existing zonecontinue to apply, unless mles forexisting zone conflict w/ new rules in$33.07.025, then $33.07.025 controls.

3r.02.t90 NBW SECTTONCreates the rnethod by which lands thatquali$, either by satisfying the narrativetext laid out in Ch. 33.62 CCC or byhaving a classification score < 120 gainthe exalted status of Mineral ResourceLand Ovellay District or'"MRLOD."

Beirefit of MRLOD status is thatundellying/pre-existing zoning is nolonger applicable to land il MRLODstatus.Insteacl, if MRLOD status obtained, onlyregulations found in Title 33.62 CCC &CCC $33.07.025 apply to operation of a

surface mine on such land.Existing sulface mines wl active orinactive DNR permit will automatically bedesignatecl as MRLOD via a Comp Planamendrnent the County will initiate.

1,4-July 20

3r.02.910 Repealed in its entirety.This is the section where the Countydecided all CF: MRL

Replacecl wl matrix of maps ancl

information matrices, a pair of these

clocuments for 3 regions: Sequim, PA and

West County.

Section Change Comment

3 3.03.010( 1 0) Revised definition of"allowed use," which wascircular in nature

Revision makes clear even an "allowed" Ltse has tocomply w/ other cocle provisions that might apply, forexample, critical areas ordinance.

33.03.0 i o(47) Revised definition"inclustrial use"

of Revision serves to eliminate repeated use of the worcl"finished."

33.03.010(s2) Aclds in ncw clefinition of"loug-term commercialsignificance."

Tlris nerv definitiorr is taken clirectlv from WAC 365-

1 90-030(1 1)

33.03.010(68) Aclds in new defrnition of"Minelal Resource LandOverlay District."

This MRLOD clesignation would authorize a surf¿cemine to operate at a site as an "allowed" or "yes" use

even if in the absence of MRLOD designation a surfacenline at the same location would be lequired to obtain aconditional use pelmit. If applicable, MRLOD surfacemine would still have to cornply w/ critical areas orshoreline rlaster program.

33.03.0 i 0(83) Adds in new definition of"preferred use."

Through this clefinition a preferled use is the use whichbest suits a palticular location, for example. if a palcelget "MRL" clesignation, then the extraction of mineralresources is the best or preferrecl use fol that site.

33.03.010(98) Revises defrnition of"should"

Intent here is to match clefurition of "should" found iuComp Plan. V/ith this defrnition "should" is notmandatory like "sha11," bllt is not as permissive as

"rnay"3 3.07.045 New section of Code: establislles rules f-or IvIRL ol MRLOD.

To pl'otect land holding nrinelal resoLlrces fì:om uncler:going other kinds o1'

developrtent. such as residential.33.07.04s(2) "Allou¡ecl" oL

"Yes" uses

Limited list of uses are "yes" if land is eithel MRL or MRLOD.Residential uses allowed only after completion of r-nineral extractionancl leclamation has been approved ancl no lesidential use at all ifthere is unifiecl contiguous ownelship of > 320 acres at site whelesurface mine had been locatecl.Again, il'the snrface mirre is on land where there are ALSO cliticalareas, then the clitical areas orclinance will be applied to theapplication lor that surl'ace rnine. Sarne with shoreline master plan.

AMtrNDMtrNTS (proposect) to Development Regulations

15-July 20

33.07 .02s(3) ConditionalUSCS

Small list of uses authorizecl with a conditional use permit. Folexample, Asphalt batch plants if tliey operate >120 days iu any

calendar year.

33.07 .02s(s) Density,setback rules

Sets r"rp two sets of rules. One for MRL and a more stringent ruleregalcling residential density if the land gets MRLOD designation. Thestlictel rules incentivize mineral extraction rather than subdivision on

land having sucl-r high-qr-rality mineral resoLlrces (120 score or more)

33.07 .o2s(6) Otherperformancestandards

This section repeats performance standards found in 33.07 .020 and

33.07.030 for othel natural resource laucls.

Purpose of this subsection is to allow only those non-resiclential uses

that rvon't interfere w. the preferred use-mineral resource extraction.

33.07 .ozs(t) toRightMine

Gives to both MRL ancl MRLOD the protection of Ch. 27.10 CCC,the "Right to Forestry, Mining ancl Agriculture" ordinalrce. Folexample, a subdivision pl'oposed to be w/in 600' of an existing surface

nine has to note on the lace of the plat that rnining will occur at the

adlacent ploperty.

33.07 .02s(8) Need forCUP waived

If a ploposed mine is located at site w/ MRL designation, then no

CUP needed, even if co-clesignated zone, which might be "rural low"would otheru,ise require a CUP before a mine could begin operating.

33.07.02s(9) Conflictingprovisions

If there is co-designation of a parcel, i.e., MRL and the prior zoning,and if the rules of the prior zoning district conflict wl 33.07.025,thentlre rules established in33.07.025 apply.This serves to protect the lancl ftom clevelopment that is contraly tothe preferred use on MRL, the extraction of tnineral resources.

33.62 New section of Cocle. establishes rules 1'or MRLODDescribes hor,v to apply and obtain this desigriation^Ceftain land not eligible 1òL MRLOD designationGives lancl w/ this desigrration cet'tain privileges

33.62.020 MRL rule Informs the reacler that score of at least 120 with 15 points or morebasecl on "unclerlying geology" gets a palcel a designation of MRLODand tlrus the benefits of Ch. 33.07 .025

33.62.030 MRLOD Describes the MRLOD designation overlays the underlying or existingzoning designation for that parcel,

Adds only rules founcl tn 33.07.025 ancl this Chapter apply to landclesignated as MRLOD.

33.62.040 MRLODeligibility

Describes 4 ways a parcel is eligible to obtain MRLOD designation,including scoring 120 or nìore or meeting Comp Plan MRLdesignation rules.

33.62.050 Not eligiblefor MRLOD

Desclibes parcels not eligible for MRLOD designation blc, forexample, too close to UGA, church etc. Adds in that palcel may stillbe eligible for a surface mine and/ol MRL status.

33.62.060 Applicationrules

Lists what must be inclucled in an application for MRLOD status.

Note that the existing DNR permittecl mines will gain MRLOD status

w/o applyir-rg and will obtain MRLOD through Comp Planamendment County initiates.

16luly 20

33.62.070 Benefits ofMRLODstatus

Lists benefits a lanclownel w/ MRLOD designation obtains. One ofwhich is immunity fi'om lawsuits clair-ning surface mine is a "publicnuisance" that must be abatecl and/or must stop operating.

33.62.080 Performancestandalcls

Perfomrance standards applicable to a surface mine operatingat a location w/ MRLOD designation.Inclucles the ability of DCD to waive these standards if theoperations plan satisfies DCD.Also allows DCD to tighten or loosen performance stanclards

based on SEPA checklist.

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26.10.620(2)(b) Appellatestandards

Citizen cornrnent pointed out this section needed to be revised.As revised, the new text makes it clear that the party appealing a DCDclecision to the County's Hearing Examiner has the burden of proof toprove that one of the lbul statements listed hele is true.

27.10.020(2) Disclosurestatement in"Rigl-rt toMine"ordinance

Citizen comment pointed out this section was incomplete, i.e., not inconrpliance with RCW 36.704.060(1Xb) blc it was missing certainaclditional text that applies to mining. Staff also took this opportunityto renrove redundant text and shortened the disclosureby 8%o.

David Alvarez, working from home 360-477-3125

17-July 2O

3. Amendments to the Comprehensive Plan

Clallam County CodeTitle 3l COMPRE,I-IENSIVE PLAN

Page l/19

Title 31

Proposed changes to the COMPREHENSIVE PLAN

Underlined text is proposed or new text, @ would be deleted

Some NBW sections are announced as such and are NOT underlined

JULY 15,2020

Chapters:31.0131.0231.0331.0431.0531.0631.0731.08

Comprehensiye Plan OverviewCounty-rvide Comprehensive PlanSequim-Dungeness llegional PIanPort Angeles Regional PlanStraits Rcgional Plan\ilestern Regional Comprehensive PlanCify of Forhs Urb¿rn Growth Area Comprehensive PlanImplementation

Authority for planning.Growth management goals.Overview of Plan objectivesPlan consistency.Public participation.

ADOPTED:

31.01.10031.01.20031.01.3003 1.01 .4003 I .01 .500

SOURCE:

Ord.573 06127195

31.01.100 Authority for planning.This Comprehensive Plan and any ordinances intended to implement this Plan are adopted under

the ar-rthority of the Clallam County Charter', the Growth Management Act of 1990 (Chapter

36.70A RCW), and the Planning Enabling Act (Chapter 36.70 RCV/), as now or hereafter

amencled.

It is the purpose and intent of this Comprehensive Plan to provide a guide for coordinated and

orderly glowth and development of the land and physical improvements in the unincorporated

areas of Clallam County, inclucling State lands. This Plan does not guide physical improvements

on tribal trust lands. The County and various tribes are encouragecl to work together to

coolclinate development plans and plovicle fol order"ly growth. Together with common goals

expressing the public's intelest in the conservation and wise use of our lands, this Plan provides

for the ordelly growth of all the various uses of land; tlrese common goals plomote the public

health, safety ancl welfare, and encollrages econornic development ancl effìcient provision ofpublic services and facilities.

JULY 20,2O2O VE,IìSION

Clallam Countl,6e¿s'ì'itlc 3 I COMPRìll-lllNS IVI'I PLAN

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31.01.200 Growth managcment goals.

The Glowth Management Act iclentified the following goals to guide the development and

adoption of comprehensive plans ancl development regulations. The goals are not listed in order

of priolity and shall be usecl exclusively for the purpose of guiding the development ofcomprehensive plans and development legr"rlations.

(1) thlough (7) NO CI-IANGE

(8) Natulal Resource Industries. Maintain and enhance natural resource-based industdes,

including ploductive timber, agricultnral, mineral extraction and fisheries inclustries. Encourage

the conselvation of procluctive folest lands, mineral resoulce lands. and productive agricultural

lands, ancl discourage incompatible uses.

(9) through (13) NO CFIANGE

31.01.300 Overview of PIan objcctives.

NO CIIANGE except for changes to the 6tl'paragraph as follows

The GMA calls for urban growth aleas where urban development will be encouraged and can be

supported with aclequate public facilities and services. At the same time, the GMA discourages

the inapplopliate conveLsion of undeveloped land into sprawling, low-clensity development ancl

encourages conservation ofrural character ancl resource lands. These foLrr (4) {3) general land

uses (urban, rural, industrial and natulal f€rcst resource) form the fi'amework for more specific

land use designations, which are found in one of four (4) regional subarea plans.

31.01.400 Plan consistency.

NO CHANGE except fol changes to the 3'd paragraph as follows

The County Comprehensive Plan also inclucles four (4) regional subalea comprehensive plans:

Sequim-Dungeness, Port Angeles, Straits and Folks-West End. Similar to the relationship of the

County-wide Planning Policy to the County-u,ide Cornprehensive Plan, regional comprehensive

plans must be cletern-rined to be consistent witl"r the County-wicle Plan. For example, the County-

wide Plan identifies forest lands of long-telm commercial signihcance to be a County-wicle

issue; policies and critelia within that section of the Plan ensure that these lands are conserved.

Thelefole. fol example. it would be inconsistent to have regional plans adopt conflictingstrategies for conselvation offorest lands.

JULY 20,2O2O VERSION

Clallam County Coclef itlc 3I COMPIìEI-IENSIVE I'L,AN

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31.01.500 Public participation.

NO CI-IANGE except the acldition of this entire paragraph

The citizens of Clallam Coturty recogllize rnining as an irllportant part of the local and regional

economy. In lecognition of its importance, ancl in order to modernize those sections of the

Comprehensive Plan ancl the related development legulations relating to the extraction of minetal

resollrces, Community Development ("DCD") proposecl ancl the County Commissionels

apploved a seven-step Public Participation Plan or "PPP" in mid-2019. To implement the PPP

staff created a Mineral Resoulce Lands website containing a survey for citizeus to complete.

Notice of four regional meetings was mailecl to more than 1,000 lanclownels, pdmarily anyone

who owns land within 1,000 feet of an existing surfäce mine. Those meetings were aclvertised

some 10-14 clays befole theil scheclulecl date in local rlewspapers such as the Forks Forum.

DCD then conducted those regional meetings, each lasting two hours, in Forks, Port Angeles,

Sequim and Clallam Bay. These workshops were attendecl by approximately 80 individuals and

tlre Cotrnty received some 30 comments. In acldition, fi'om .Tune 2019 to .Iuly 2020 the Planning

Comr,rission has held approxin-rately 15 public meetings where MRL was discussed and public

comments urele leceived and some itenrs suggested by the public were inclucled in the proposed

text sent to the County Commission. This inclucled having Rian Skov, a geologist witli the WAState Department of Natural Resource Geology and Earth Resources Section, attend the Planning

Comrnission meeting on February 5,2020. The County learnecl its existing text regarding

mineral resollrce lands needed augmentation and intends to adopt more thorough text on this

topic into its Comprehensive Plan ancl development regulations by the end of 2020.

Clrapter' 3 L02 County-Wi d e Comprehens ive Plan

31.02.050 Definitions31.02.110 Resource Land issues

3I.02.115 Agricultr-rral resource land inventory and issues

31.42.120 Aglicr,rltural resource land goals

31.02.130 Forest land issues

31.02.140 Forest lancl goals

;

31.02.150 Minelal lancl goals

3L02.160 Minelal resource lancl issues

31.02.170 Classification of mineral resource lands

31.02.180 Designation of mineral resource lancls

31,.02.190 Mineral Resource Land Overlay Districts

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Clallam County CodeTitle 3l COMPRIIIIDNSIVE PI-AN

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31.02.050 Definitions

(1) through (23) remain the same.

(24) "Long-term comlrercial significance" includes the growing capacity, productivity, and soil

colllposition of the lancl for sustained conlnlercial prodr-rction, in considelation of the land's

proximity to populatiorl areas, and the possibility of more intense uses of the land. Long-tenn

commeLcial sisnificance mealls the lancl is capable of rrroclucins the sneci fìecl natural l'esources

at commercially sustainable levels for at least the twentv-vear olallnins oeriocl" if adequatelv

conselved. included in this clefinition are tlrat lrave known or notential lons-tenrì

sisnificance for the extraction of minerals

(25) remains the same. BUT (26) IS A NB\ry SECTION AS IS (38) BELO\ry. OTHBRSUBSECTIONS REI{UMBERBD WITI{OUT ANY CI{ANGE IN TEXT, EXCBPT (36)

"Mineral resource lancls" refers to lancls frorrfol the

extraction of minerals

(27 ) " Mrtigation" nìeans :

(a) Avoiding the irnpact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the clegree or magnitude of the action and its

implementation;

(c) Rectifying the impact by lepair'ing, rehabilitating, or lestoling the afTected envilonment;

(cl) Reducing or eliminating the ìmpact over time by preservation and maintenance

operations during the life of the action;

(e) Compensating fol the impact by replacing, enhancirrg, or ploviding substitute r'esources

or environrnents; and/or

(f) Monitoling the impact and taking appropriate corlective measllres.

(28) "Public f¿cilities" include streets, roacls, highways, siclewall<s, street and road lightingsystems, traffic signals, clomestic r,vateL systems, storm ancl sanitary sewer systems, patks and

recreational facilities, and schools.

(29) "Public services" include fire protection and stqrpression, law enforcernent, public health,

education, recreation, environmental protection, aucl other gorrelnmental services.

(30) "Regional comprehensive plans" or "subarea plans" refers to one of four geographic aleas

acldlessed in a comprehensive plan which provides specific guiclelines for land uses, public

al


Clallam County Cocle'l'itle 3l COMPREI IENSIVE PLAN

Pa-ec 5/19

facilities ancl services, transportation, environmental protection, ancl other elements of the

comprehensive plan, not adclressecl in the County-wicle Conrplehensive Plan. Regional

comprehensive plans provide opportunities lor making local clecisiolls consistent with County-

wide plan ob.jectives.

(3 i) "Rural areas" 01' "llrral land" means land located outside of designated urban growth areas

ancl outside of designated agricultural, forest, and minelal resource lancls of long-term

significance uncler this Comprehensive Plan.

(32) "Rulal character" nleans the existing ancl preferred patterns of larrd use and development

establishecl for lancls clesignated as rural al'eas or lancls under this comprehensive plan. Rural

characteristics include. but are not limitecl to:

(a) Open fields and rvoodlots interspersed with homesteads ancl serviced by srnall rr-rral

commercial clusters; and

(b) Lor.v resiclential densities, small-scale agricnlture, woodlot forestry, wildlife habitat, clean

water, clean air, outclool lecreation, ancl low trafÍic volumes; and

(c) Areas in which opelÌ space, the natural landscape, ancl vegetation predominate over the

built environment; ancl

(d) Lifestyles and econornies cornlron to aleas designated as rural areas and lands under this

Plan; and

(e) Visual landscapes that are traditionally found in areas desigr-rated rural areas and lands

under this Plan; anci

(f) Areas that ale cornpatible with the use of the land by rvilcllife and for fish and wildlifehabitat; and

(g) Areas that recluce the inapplopriate conversion of uncleveloped land into sprawling, low-clensity development; and

(h) Areas that generally clo not requile the extension of urban governmental serr¡ices; and

(i) Areas that are consistent with the protection of natural surface water' flows and ground

water and sulface water lecharge ancl clischalge al'eas.

(33) "Rural development" means development outsicie the urban growth area and outside

agricultulal, forest, ancl mineral resource lands designated pursuant to RCW 36.70A.170. Rural

development can consist of a variety of uses and residential densities, inclucling clusterecl

lesiclential development, at levels that are consistent with the preservation of rural charactel and

the requirements of the rural element. Rural clevelopment does not refer to mineral extraction.

agricultule or forestry activities that may be conclucted in rulal areas.

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(34) "Rural governmental services" ot'"rural services" means those public services and public

facilities histolically and typically delivered at an intensity usually found in rural areas and Íì1ay

include domestic water systems, fu'e ancl police pl'otection services, transportation and public

transit services, anci othel public utilities associated with rural developrnent and normally not

associated with urban areas. Rural services do not inclucle storm ol sanitaly sewers except as

othelwise authorizecl by RCW 36.70A.110(4).

(35) "shall" means the statement is manclatory, ancl the action so stated is required to be clone

without discretion by decision-makels. The use of "shal1" in a statement inclicates that the action

is imperative and manclatory.

(36) "Shor"rld" when used in a statement, a. recomrrenclation or

rather than a nrandate or recruilement. Rrrd i¡l ¡r+lwr-rotrvtr for t'nrav,"(a ))

deei.sien-*+akers-diseretien iruna+ters wlrere execptions are rva-ranteel by stteh faeteçs asphysieali€r+'

(37) "Transportation facilities" includes capital fàcilities related to air, rvater or lancl

transportation.

138) "Twentv vear suoplv of coustruction sates" means the ouantitv las estimated bv

plrvate collsunlers orocluct durins a particular 2}-vear planning period. Such an estimate

of suoolv and clemand for construction assresates shall be orepared periodicallv. but not more

fi'equently than once every seven years and wìll be based- in nal't. on existins surface mlne

Count), personnel) of constmction agqregates estimated to be needed by governmental ancl

opelations that liolcl an activc DNR pernrit

(39) "Urban growth at'eas" rteans those ateas designatecl by Clallam County pr:rsuant to the

policies in the County-wicle Planning Policy and the Cornprehensive Plan.

(40) "Urban gLowth" means growth that makes intensive use of lancl for the location of buildings,

structuLes, and imperrneable sufaces to such a degree as to be incompatible with the primary use

of such lancl forthe plodriction of food, other agricultural proclucts, or ftber, orthe extraction ofmineral resources, rural uses, lulal cleveloprnent, and natulal resoutce lancls clesignated pursuaut

to RCW 36.70A.170. A pattern of more intensive rural development as provicled in RCW

36.70A.070(5Xd) is not urban glowth. 'When allowed to spreacl over r,vide al'eas, urban growth

typically requires urban governmental services.

(41) "Ulban services" include those services historically and typically deliverecl by cities or other

identified sewice provider, such as a utility distlict, and which at a minimum include the

plovision for sanitary waste, solid waste disposal systems, water systems, urban roads and

peclestdan facilities, public transportation systems, stormwater systents, police and fire and


Clallam Count¡' çe¿sf itlc 3 I COMPREI IENSIVE PI-AN

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en'ìergency sefvice systems, electrical ancl communication systems, school ancl health care

faci I ities, ancl r-rei ghborho od ancl/or comrx ulity parks.

(42) "Wetlands" includes those areas that are irrundatecl or saturated by surface rryater or gloltncl

water at a fi'equency and duration sufficient to support, ancl that urder normal circumstances do

suppolt, a prevalence of vegetation typically adapted for life iu satr-rrated soil conditions.

Regulated wetlands do not include those artificial wetlancls createcl from uon-wetland sites,

inclucling, but not limited to, irrigation and drainage clitches, grass-lined swales, canals, detention

facilities, wastewater treatment facilities, falm poncls, and landscape amenities. Wetlancls created

as rnitigation and wetlands modifiecl for applovecl land use activities shall be cousiderecl as

regulated wetlands.

31.02.140 "Forest Land Goals,levise TWO subsections to reacl as shown below, all other

sections remain unchanged.

(9) Forestry shall be encourageclboth within and outsicle of clesignateclcommercial forest lancls.

Reforestation shall be encouraged as the subsequent preferred reclamation upon clesignatetl

MRLoDdepletec1surfacenrinesandotlrerdepleteclsulfacenrines'Mou elesi glrateêforcst lands and aç-+prcSa+ed-+se-or+.

(19) Lands that have not been designated as cornmelcial forest lauds of long-term commercial

signihcance under this Comprehensirre Plan ancl lands that have not been classifiecl as forest land

urrder Chapter 84,33 RC'ù/ and timber land uncler Chapter S4J4 RCV/ sirall be considereclas

lands likely to convet't to non-forest uses. Timber harvesting on such lands shall be consicleled a

conversion under the Forçst Practices Act ar-rd cornply with County r:egulations fol clearing,

grading,drainage,arrc1protectionofcritica1aIeaS.

31.02.145 Mineral resource land issues to be repealed in its entirefy and also renumberedas 31.02.160.

31.02.150 Mineral land goals.

( l) The citizens of Clallam CountJ¡ recognize mineral resource extraction as an important palt oftl-re local anci regional econom),.

(2) N4ineral lesources forincl in Clallam County inciude sancl ancl qravel. r'ock. industrialminerals ancl metallic minerals. The Washington State Department of Natulal Resources has

identihed lihell¡ locations oÍ these rninelal resotlrces.

(3) Mineral lesource lancls in the Count)'lrrovide vitall)¡ needed constr'uction materials to the

resiclential, commelcial and inclustrial sectols of the economy, as well as goverrunent agencies

.iULY 20,2O2O VERSION

Clallam CoLrnty Code-l'itle

3 I COMPRlll lllNSIVLl PI-ANPage 8/19

cost source of material can onlv be assurecl if measul'es are taken to protect the resonrce and

allow it to l¡e extractecl

(4) Thq classification and designation of, lancl as mineral resource land shoulcl be based on the

geoloqv and the clistance to market of potential mineral resource lands. as detailed in Sections

31.02.170 and 3I.02.180 as well as any lelated development legulation(s).

(5) Development regnlations to conserve minelal resource lancls shall be as follows

(a) Minelal extraction ancl processing shall be consiclerecl as one lancl use, subject to

appropriate pelmits.

(b) Mineral extraction and process in commercial forest lancls shall be an allowed use, and

shall be a conclitional use in rural, industrial ancl urban land use designations.

(c) The locations of trvent)' (20) )¡ear supplies of construction aggregates should be shown on

lancl use (e.g., zoning) rnaps rnacle available to the public. Development regulatior-rs shall

ensure that adjacent land nses do not interfere r,vith the corfinued use, in the accustomed

nlanner, of these designatecl lancls for the extraction of minerals. Developnent regulations

sl-rould inclucle increasecl setbacks for adjacent residential clevelopment, and notice to l'uture

pttrchasers fol new resiclential subdivisions acljacent to an apploved minelal resource zone.

(cl) Development regulations ol review of mineral process and extraction pelmits shoulcl be

dilect arrcl proportional to the impacts that neecl to be mitigated. For example, the ordinance

or conditions of approval should mitigate irnpacts (noise ancl clust), while also autholizingrelated activities (e.g., crushing ancl sorting). Approvals should be valid through completionof the activity with cornpliance sought through enforcement penalties ol performance bonds.

(e) Once a tnineral resollrce site has been classified or designated ancl if surface minrng rs

lawfull)¡ urdeltaken there. then such site shall be consideled a preferred lancl use and receivept'otection under the County's a "right to practice mining" ordinance. Developmentploposals within 600 feet of such sites will be reviewed for cornpatibility with minelalextraction activities. A minelal resource site obtains the status of "established" by obtainingancl maintaining as active a Surface Mine permit fi'om the State Department of NaturalResouLces or "DNR."

(f Mineral extlaction operations shall use "best management practices" as lequiled by

fedelal, state and local laws and regulations.

p€+ieies-a1#,€rdiaan€cs. Sr:ch operations shall reclaim sites for procluctive forestry,

agriculture, residential ol other use after mineral extraction operations permanently cease.

Newly established minelal extraction opelations are required to meet pelformance standarcls

@pror,isionscontainedirrtIrenrineraloverlaylegulations in ordel to reduce impacts on nearby lesiclences


district developnrerrt

Clallanr Coun{.y CocleTitlc 3l COMPIìEIIENSIVE PI-AN

Over a

Pagc 9l19

over subdivision

(h) Exclusive zqqiug ou mineral resouÍce lands requiring extraction of resources before

subclivision.

Folest land 7.o.11111çr with allowance for mineral extraction. incluclins full denletion of the

resource and successful cornpletion of tlie approvecl leclamation plan, as a subsequent use

aftel timber harvesting is cornplete.

Desi of mineral resource land that

31.02.145'oMineral resource land issues" shall be rcnumbered as 31.02.160 but retain thesame name. ALL BUT SUBSECTION (2) BELOW ARE f{BW, THUS NOTUNDERLII\ED FOR EASE OF READING. THE DISCLOSURESTATEMBI\T HAS BEBN AMEI\DED, TFIUS IT IS UNDBRLII\ED

(1) Mineral Resource Extraction (mining) is the removal of material for sale. It can inclucle thesale oftop soil, peat, sands, gravel, basalt, and sancl stone.

(2) Environmental impacts of mineral extraction can be substantial. Agglegate productiontetlpolarily obliterates entile mine-site ecosystems, but this loss can be mitigated with caleflrllysequeuced t'eclamation. T'he effects of truck traffic can be a primary concern in designatingconstruction aggregate mines. Damage to river beds can be anothel'rlrajor impact of mining.Channel bar scalping can reduce the probability of floocling but can also change the river-bedmorphology. Possible recluction of the qtiantity of groundwatel is a concenl in new mineral sites

Excavation breaching the lateral or seat-seals of perchecl aquifers can callse loss of water

stqrplies and other clamage. Washington State has several regulations which govern mineral

extlaction and associatecl impacts, including but not limited to: Surface Mining Act, GlowthMauagement Act, Water Quality Stanclalcls, Sholeline Management Act, and the State

Environmental Policy Act.

(3) The County's developrnent regulations mer.notialize the Right to Practice Forestry, Mining,and Agriculture. Accolcling to Ch. 36.704 RCW, the Grou,.th Management Act. those three uses

fall under the rubric of "natuLal resollrce" uses and are uses that rnust be protected ancl

encouragecl by local govemments. For example, County Code now states:

"Anv ownel of realnror-rertv within 600 1èet of property that is l) currently used

&r&rcsüy, mining or agricultural operations, 2) zonecl fol florestry, mineralresource extraction or agricultural purposes. or 3) a designated MRLOD or co-

clesisnatecl as an MRL mav be subiect to inconven iences or cliscomforts anslng

fi'om such operatious, INCLUDING, BUT NOT LIMITtrD TO, NOISE, TREEREMOV OD R PRA

TFIE OPERATION OF MACHINI]RY OF ANY KIND DIJRING ANY 24

HOTIR PERIOD. The notice for anv þment that is within 600 feet of land

)

.IULY 20,2O2O VERSION

Clallar¡ County CodeTitle 3l COMPREI-IENSIVD PLAN

Page l0/19

Lrsed for mineral extraction or designatecl as an MRLOD or MRL shall ALSOinfor'rn the ad.iacent propelty owner that

related activities, including mining. extraction. washing. crllshing. stockpiling.blasting. transporl.ing. ancl rec)¡cling of minerals. Clallarn Countlhas determinecl

that the use of lancl for forestrv. nrineral extraction or agricultural operations is aprefèrrecl use in this County This means the Countv will not consider a nuisance

those inconveuiences or clisconrfblts arising fì"orl sr-rch operations pelformecl

cousistently with comnlonly acceptecl best management practices and in

compliance with all local. State and Fecleral laws and regulations."

This Code provision serves to protect natulal resource uses from nuisance complaints frorrincompatible or sensitive land uses if they operate in compliance r,vith local, state and fecleral

regulations ancl fbllow best management practices ot'"BMPs."

(4) Comprehensive Plan 3 1.02.\50(5)(e) states that any lawful snrface mine is a preferred land

use ancl shall leceive protection ftom incon'rpatible uses.

(5) In Clallam County mineral resource extraction usr-rally requires aZoning Conditional Use

Pernrit. However, in the Commercial Forest Zone or Minelal Resource Lancl Ovellay Districtmineral extraction and plocessing is a permitted use, typically occulr:ing after timber harvesting

has been completed at that site.

(6) h recognition of the geology present under much of the land zoned as CornÍnercial Forest, or'

"CF," the mineral lesoulce locatecl under much of the land zoned CF is best suited for the repair

ancl maiutenance of forest service roads or internal roacls used fol timber harvesting and does not

meet the quality standarcls that aggregate (prodr"rct) must lneet in order to be used for the

construction of publicly or,vnecl loaclways. Typically, if a mineral resource extlaction is

occurring on CF land and the resource being extlacted is usecl solell, used for timber road

maiutenance the County and the State DNR do not legulate such opelations.

(7) Unless specifically so clesignatecl by the County through the Mineral Resource Land OverlayDistrict process, CF land shall not be consiclered minelal resource land of long-term commercial

significance. Mineral extraction is ancl r'emains an authorizecl or "yes" Lrse on CF land. MinelalresoltrÇe extraction is and remains authorized in most rural residential zones upon the applicant

obtaining a conclitional use permit.

(8) in accordance with the County's critical areas code mineral resource extraction (as defined

in Title 33 of the Code) may be subject to the County's critical areas orclinance since criticalareas rnay be plesent on a site where a surface mine is ploposed. Only if any critical area (or itsbuffer') is pt'esent at the location of a ploposed Qrew) minelal extraction, then the County must

t'eview that application against the applicable critical areas regulations. Upon satisfaction of the

regulations fourcl in the critical areas orclinance the County will issue a Celtif,icate ofCompliance.

.iULY 20,2O2O VI]RSION

Clallarn County Cocle]-itle 3l COMPRIII IENSIVE PLAN

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(9) If a county permit be lequired fol a ploposed new nlinelal resource extraction and/or

processiug activity, tiren the County shall be the leacl for the State Environmental Policy Act(SEPA) (see Title 27.01 CCC, WAC 197-11, and/or Re Vl 43,21e) and will issue a Thresholcl

Determination pursuant to SEPA. When perfbrming a SEPA review DCD typically adclresses

the size of the operation and genelal depth of the operation as well as operational measures (see

RCW 78.44.031(8)) such as noise generation, ail quality, surface and grould water qLrality,

qr:antity, ancl flow, glare, pollution, tlaffic safety, grouncl viblations, visual impacts, ancl other

issues. These impacts can be mitigated through such measures as: restrictions on what activitiesare perrnitted, whele mineral extraction and plocessing may occrtr, hours of operation, visual

bnffels, road improvemeuts, hydro geologic analysis, noise studies, site improvernents (likepaving or graveling haul roacl) ancl other issues through the requirecl permit and/or SEPA.

(10) Once DCD has completed the review described above the county signs off on a SM-6 folthat parcel(s). The SN4-6, if signed by the Courrty, affirms that the rnineral resource extractionand plocessing activity compiies with Clallam County Codes and that the post-reclamation use

(tl're subsequent use) is consistent with the Zoning Cocle.

(I 1) DNR leviews pursuant to Ch. 78.44 the mineral resource extraction and plocessing activityto ensuLe that it is occurring in a safe manner and that the reclamation occurs as originallyploposecl. DNR requires a boncl to ensure that they have adequate fur-rcls to reclaim a site iflandowner does not leclaim the site. DNR also usually takes the leacl for changes to existingsurface mine(depth or how the site is mineci) within the existing footprint. if the surface mineseeks a horizontal expansion it is usually reviewed by the County again.

(12) The'Washington State f)epat'tment of Ecology issues a National Pollutant Discharge

Elimination Permit (NPDES) General Sancl ancl Gravel Pelmits for minelal extraction and

plocessing activities (see Eeology NPDES Sanel-Gravel Gcrrcral-Pernlit) .This is a pelrnit that

covers all typical stolmwater discharge watel quality and quality issues with a rninelal resoul'ce

extraction ancl/or pr"ocessing activity. All mineral Lesource extraction permit applicants will be

lequired to contain their stormwater and treat it before it is discharged to the ground ol surface

watel.

(13) Clallam County typically requires surface mines and processing areas to have a supply ofr,vater to coutrol dust and to gravel or pave roacls to leduce dust. The Olyrnpic Region Clean AirAutholity (ORCAA) requires a Notice of Construction if a crushel or a large generator ale being

used, but do not usually requile a permit for sorters or the use of a loacler/excavator and trucks.

If dust leaves the site ORCAA can take enforcement actions as may the County. Moreinformation about ORCA is available at lrttps://www.ol'eaa,org/ or at the foilowing link: ORCAA

(14) if timber'(over 5,000 board feet or 2 log trucks) is lemoved frorn a site and the area is notref-orested within 3 years then the activity, wiil require a Class IV General Forest Practice Permit.

Clallam County usually will be leacl if the activity requires a county permit otherwise the first


Clallam County Coclcf itle 3l COIvIPRLIIIENSIVE PLAN

Page 12119

state agency with a permit wolrld issue tire SEPA Threshold Detennination, See Ch.76.09 RCV/

and w ^e

222.

(15) Surface mines delivel material throughout the county. In addition, rnany surface mines

accept clean fill to obtain matelial to reclaim their surfuce rnine arrd also as a source of revenue.

The movement of material in ancl out of the site and also the site disturbance and often periocls ofinactivity can make sulface mines a source ol'noxious r¡'eeds. The Olympic National Park does

not accept matedal fi'om snrface mines that are not certifiecl as noxious weed fiee. The county

also places this requirernent on sutface mines ancl projects that irnport and export large amounts

(in excess of hve truckioads per month) of material. In additiou, such large projects are required

to coordinate with the County's Noxions Weed Depaltment to develop a plan fur controlling

noxious weecls. Adclitional information is available at tl're http://www.olallant,rtetlweedl

(16) Clallam Courty has not adoptecl any noise stanclards that would apply to mineral resource

extraction ancl/or plocessing activities. Instead, the Cor-urty relies upon the Washington State

Department of Ecology Maximurn Environmental Noise Levels coclifiecl at WAC 173-60. Noise

is measure in decibels (dBA) at the location r,vhere the noise is being received. The WACplovisions inclucle daylight ancl nighttime standarcls. Typically surface mines are considered

industrial use (Class C) Íìom a noise perspective ancl a residence is considerecl a residential use

(Class A). Thus, in accordance with WAC 173-60-040 the maximum permissible noise levels

fì'om mineral resource extraction as measuled at a leceiving residence is 60 clBA fiom T a.m. to

10 p.m. and 50 dBA from 10 p.m. to 7 a.m. Typically different equipment (loader, sorter', ancl

cmsher) generate difTelent noise based on the specifìcs of-the equipment ancl if thele are any

noise reducing measures ernployed. There ale some allowances ftrr certain infìequent activities(alarms, blasting, etc). Noise lerrels can vary based such factols as wind, temperature,

barometric pressllre, topography ancl other factors. Clallam County would require a noise study

(acoustic analysis) if a mineral extlaction aud processing activity were being proposed within600 feet of an existing lesidence. With lespect to a site-speciflc proposal for a surface mine, ifmineral extraction and/or plocessing activities at that site are likely to exceecl MaximumPernrission Noise Levels in WAC 173-60 as measured to the closest potential receptor, then a

noise repoú shall be required. Such a noise study u,oulcl detenline the ciBA based on the

ploposecl equipment and would inclucle proposed measures to recluce (muffler, bertns, distance,

etc) the noise level to the closest receiving lancl use.

(17) The issue of aesthetics with respect to surface mines is addresseci typically by the county

thror-rgh SEPA. Mining activities and other land use activities in highly visible locations (e.g.,

adjacent to or visible fiom a highway or othel areas where large number of people cans see) are

typically required to reduce visual impacts. For sulface mines this rnay entail leaving visual

buffels or lreasure to minimize the visibility of'the operation.

This may inclucle requidng visual simulations fi'om key viewing ar"eas, which typically are

photos rvith the existing and proposed conclitions shown. DNR usuaily requires the reclamation


Clallam County Cocle'l'itlc 3l COMPIìEIIENSIVE, PI-AN

Pagc I3119

of the site to blencl in w-ith the surrouncling alea. Basalt quarries al'e required to have finished

mining faces that blend in with the surlounding natrual conditions. Tl'ris may entail allowinghigher and steeper finished faces than nolmally allorvecl through by DNR Reclamation Plans.

( I 8) Blasting of basalt and other "harcl rock" must be clone in a controlled way intenclecl to loosen

material foL removal and leclamation. Blasting should be done on an infi'equent basis and each

blast shoulcl provide a large supply of material to be plocessecl through traditional rneans. The

size of and number of chalges must be done in a pruclent ancl olchestlated method to remove

consolidatecl material ancl also to plovicle the size of nT aterial neeclecl fol rip rap or for matedal

that can be processed througli a clusher'. The safety of people surounding the proposal and the

wollçers at mineral extraction sites flom blasting are regulated by U.S. Department of Labor'

Mining Safety and Ilealth Aclministration (MSHA) and the WA State Department of Labol and

Industries. These federal and state agencies address safety issues froln noise, flying debris, etc.

This may also include impacts fì'om blasting on founclations and wells, which may entail the use

of monitoring equiprlent for the areas around the blastirrg. The county may place aclditional

restriction on the opelation (such as timing restrictions) through SEPA.

(19) Asphalt or conclete plants do not constitute "mineLal extraction" as that term is clefined in

the County's development regulations. Such plants may require an aclditional zoning peruitwhere authorizecl as an "aliowecl Llse" or a conditionally perrnitted use.

Nerv section 31.02.170 entitlecl "Class ifica tionof Min eral Resorrrce Lands"

All text in this section is new so no underlining for ease of reading.1) In accordance with WAC 365-190-040(4) and WAC 365-190-070(3), the classification of

lands suitable for mineral extraction shall be performed by the lanclowner or applicant

and/or the County staffbasecl on the scoring system listeci in subsection (3) below:

2) Fol pr"rrposes of this section and any related development regr"rlations there shall be a

category of "LANDMARI<S," whicir shall consist entirely of a) the Forks City Hall or

Municipal Building, 2) the Clallarr Courfy Cotu't l-Iouse in Port Angeles, and c) the

Sequim City Hall.3) See scoring system below:

SCORING SYSTEMAny palcel(s), neighborhoocl or legion starts r¡'ith a score of ZERO

Unclerlying Geology (rnax scorc +15)

Sand & Gravel (aggregate) Bedrock or "haLcl rock," industrialminerals

If the underlying geology is per'DNR either Ev (cf), ol EV(cp) then+I5 for the site.Any other geologic categoryconfirmed to be a source of

If the undellying geology is per DNReithel Qgo or Qgo(i), then +15 for thesite.

Any other geologic category confirmed


Clallam Count¡, çe¿sTiIIC 3I COMPRI]IIENSIVE PLAN

Page l4l19

aggregate by the \ /f itten report of a

qualified professional : +15to be a source of this category of mineralresollrce by the wfitten report of aqualifiecl professionai : +15

Quality of resource present, if known (max score +10)Double scole in this sub-categoly if proposecl location is east of Morse Creek

Meets specifications for construction sand & glavel : +10Meeting specifrcatious fol WA State DOT : +10

Meeting specifications fur Couuty work +6Meets other specifications not listecl above : +3

if quality of resoulce present is not known but underlying geology is listecl above : *6Distance to nearest LANDMARI((max score +25 before doubling)

Measured b)¡ roacl mileaqe fi'om an)'abuttinLpublic or private riglrt-of'-wav to a LANDMARK

Less than 10 rniles : +2510 <x <25 : +15

25 <x < 50 miles : no change>50 miles : -15

Poiff score doubles if ploposecl site for classification as MRL is east of Molse Creek.

Size of Subject Parcel(s), which is "x"(rnax score +25)

If more than one parcel, use largest parcel to cletermine this scole80 acres or more : +2540<x<80acres: *15

20 <x < 40 acres: +5

5Sx<20:nochange5>x:-10

Size of Adjacent parcels(max score +15)

Count any parcel ol portion of parcel within 1,000 leet of the outer boundaly ofsubject parcel(s) and apply these rules to the number of inclucled (i.e., nearby) palcels

If 50% or more of the lelevant parcels ale 80 acres or:lllore : *15If 50% or ulore ofthe relevant parcels ale 40 < x < 80 : +9If 50% or rìore of the relevant parcels are 20 < x < 40 : +3

If 50% or more of the lelevant parcels are 5 < x < 20 : no changeIf 50% or more of the relevant parcels are < 5 acres : -6

Depth of Ovelburden(max score +25)

As estimated in writing by a qualified professional OR the lowest depth of overbuldenrecorcled fi'om at least 3 excavation sites.

>40 feet OR unknown : rlo change30<x<40:+520 <x 30 : +10


Clallam County CodeTitIC 3I COI\4PREI-Í I]NSIVE Pt,AN

Page l5l19

10<x<20:+I56<x<10:+20

/< --L1 <\J -

ILJ

Commercial viability of a palticular siteAs confirmed by a written report fiom a qualif,recl pl'ofessional at applicant's expense

(max score +25)20 or more )'eals :'12510<x<20 :+155<x<10 :-r-5

5> : no change

Miscellaneous scoring rulesscore *1

ScoreDescliption+10The subject parcel is designatecl as Commer"cial Forest lancl

A Noise Study is submittecl that ir-rdicates that the mineralextraction ancl processing activity will not exceed the stanclalds

establishecl in WAC 173-60 at the closest potential land use.

+6

The subiect parcel is designatecl as Aglicultural Land +2

Proof of a source of water at the parcel or site +2

The sub.iect parcel is within one-half mlle (2,640 ft.) of a publicpreserve, including, but not limited to national parks, nationalwildlife refuges, state conselvation areas and other goverumeutpreserves, but excluding areas where hunting is autholized

.')

The strbject parcel is within one-half mlle (2,64A ft.) of an urbangrowth area or school, excluding fiorn the definition of "school"home schooling sites or pandemic induced remote or clistance

leaming sites

-10

There is an existing residence within 600 feet of the outerboundary of the subiect parcel(s)

-6

(4) Maximum classihcation score shall be 150 (without bonuses) , or 278 if all maximum

bonuses are obtained.

(5) Classifrcation scoring reports must be initiated by the lanclowner of the subject property

(6) The landowner may, at their expense, obtain a classification scoring report and then

subrnit same to the County.

(7) Any landowner may request that County staff perform the classification scoring as part ofthe 2020 or 2021 Complehensive Plan arrendurent cycle at no cost to the landowrer. I{orvever, ifthe County generates the scoring repolt the County r,vill use only maps available to it to


Clailanr CoLrnty Codel'itlc 3l COMPI{ul-lllNSlVE PLAN

Page l6119

deterrnine as best as is reasonably feasible the relevant soil type ancl will not take soil samples or

soil cores. After the 2020 or 2021 Conryrehensive Plan amendurent cycles, any landowner

requesting a classif,ication score lepoú will be charged a fee to be establishecl by the County

Commission for the generation of such a report with the limitations listecl hele.

(8) If a classification scoring report concludes the score fol a particular site ol palcel is 90 or

rnore (and having at least i5 or more points fi'om the category of "underlying geology"), then

that site olpalcel shall be classifiecl as minelal resource lancl. If lawful surface mining operations

ale subsequently undertaken at that parcel, said surface tnine shall be entitled to all plotections

offerecl to any surface mirre by the County's "Right to Þ-orestry, Mirring and Agriculture"

olclinance. Mineral resollrce extraction shall be the prelerred use at such a site ol parcel, while

remaining subject to all other applicable clevelopment regulations, including any performance

standarcls.

(9) Classification as mineral lesource land in accorclance with subsection (8) above cioes not

grant that site or parcel the status of Mineral Resoulce Land Overlay District and if such status is

desired by the lanclowner whose land has been classifiecl as mineral l'esource land then the

lanclowner must comply with the reqr"rilements of $31 .02.190 and Clrapter 33.62 CCC.

(10) Any site or parcel with a classification score of 120 or more (and having at least 1 5 or

more points fi'om the category of "undellying geology"), will, in addition to classification as

mineral resource lancl, be pre-qualifiecl for fupon application iu accorclance with CCC

$33.62.050(5)l the status of a Mineral Resource Land Over'lay District. A surf,ace mine operating

in an MRLOD remains subject to all other applicable development legulations, including any

perfounance standalcl s.

(11) For existing stuface mines having a DNR pelmit, active or not, a classification scoritig

report is not a plelequisite to apply for Mineral Resource Land Overlay District designation.

New section 31.02.180 entitled "Designation of Mineral FLesourcc Lands"

Entire text of this section is new.

When clesignating minelal resoLlrce lands Clallam County will utilize these minimurn guiclelines

(1) Geology: The lancl in question should contain deposits consisting of sand and glavel,

coal, sandstone, basalt, or othel igneous lock that is recorrerable and malketable, based on

U.S. Geological Survey rraps or site-specific inlbrmation prepared by a geologist, or as

inclicatecl by State Department of Natural Resources (DNR) rnining permit data.

(2) Plojected life of the resource: To be clesignated as mineral resolrrce land there shoulcl be

at the lancl in question sufficient mineral resource to be cotnrnelcially sustainable for not

less than five (5) years and up to 20 years under market conclitions plesent when the

clesignation is being considered.


Clallam County CodeTitIC 3I COMPREIIENSIVE PLAN

Page 17119

(3) Proximity to point of use or market: The land in question will be judged by the energy

cost of transporting the extracted matelials to tlie market or end users.

(4) Infiastructure: The land in question will be judged by the availability of public roacls and

whether"thele is a sorlrce of water for that land

(5) Lancl use:

a. The applyir-rg parcel(s) is/are not less than 10 acles in size, unless for srnaller

parcels there are no existing residences within 600 feet of the boundaly of the

applying palcel(s). If there is a residence within 600 feet of the boundary of the

applying parcel(s), then the applicant n'rust supply a noise study demonstrating

that the mineral extraction ancl processing activity will not exceed Maximurn

Permissible Noise Levels lound in WAC 173-60 at the nealest residence; or

b. Land r,vithinY¿ mlle of lural lesidential areas having an existing density gleater

than (more intense than) or equal to one dwelling unit per 5 acres shall not be

clesìgnatecl as mineral resource land unless there ale no existing residences within600 feet of the boundary of the parcel in qr-restion. Land exceeding tl're density

listed irnmediately above may obtain an MRL designatior-r if a noise study is

subnitted demonstrating that the mineral extraction and plocessing activity willnot exceed Maximum Pelmissible Noise Levels founcl in WAC 173-60 at the

nearest residence or place ofbusiness;

c. Tlie applying parcel(s) is/are surroundeci by parcels no smaller than five (5) acres

in size, except parcels qualifying uncler "b," immediately above.

cl. If applicable, the cuLrent or fiture lancl use designation of the applying parcel(s)

shall not exceed a residential density of one dwelling r-urit per five acres;

e. Designated mineral resource lancls shall be sepalatecl by a distance of at least one-

half mile fi:om public preserves, which include national parks, national wildliferefuges, state conservation areas, ancl other gorrernment owned preserves, but

exclucling hurting areas;

f. The applying palcels is/ale not within one-half mile of any established ulban

growth area, school. day care or elcler care facility or place of religious worship

g. Lancl designated as commercial forest land or agricultural lands of long-termcommercial signif,rcance is eligible fol'MRL designation; and

h. The review of an application fol a MRL or MRLOD clesignation will include a

site specific SEPA Checklist ancl Threshold Determination. If during the SEPAprocess it is deterrnined that archeological or historic resources are iclentified as

being likely present at that site, then the applicant shall submit an ArchaeologicalMonitoring Plan (prepared by a Professional Archaeologist) to DCD and WAState Department of Archaeology and Historic Preservation (DAHP) for reviewand approval. The purpose of this monitoring plan is to ensure cornpliance with


Clallarn County Codc-l-itlc 3l COMPRIII-IENSIVE PI-AN

Page 18/19

all applicabie Washingtou state laws pertaining to the protection ofarchaeological sites and altifacts for this ploposal.

(6) Any parcel or site obtaining a written classification score of not less than 90 (and scoring

not less than 15 points in the category of "underlying geology") shall automatically be

co-clesignated as Minelal Resource Land, altliough the parcel(s) shall also retain their

unclerlying (existing) zoning. Accornplishing tlris co-designation shall require a

Comprehensive Plan amenclment to be initiatecl by the County once each year.

(7) Notwithstanding the absence of a classification scoring report or knowledge that a

specific site, parcel(s) or lot(s) has, according to State DNR mapping, the underlying

geology listed here, any location on the DNR map shown as having the underlying

geology of "Ev(cf)," "Ev(cp)," 'oQgo" or "Qgo(i)" is hereby clesignated as "Minelal

Resource Land-Potential" oT "MRLP." MRLP designation covers an estimated2T2

square miles of the County. Any proposed surface mine located on MRLP land shall

lrave all the benefits of $33.07.045, Ch. 33.62 CCC and Clt.27,10 CCC.

Ncw section31.02.190 entitled "Mineral ResouLce Land Overlay District," or "MRLOD"

Entire text of this section is new.

(1) Purpose. The plimary pLu'llose of this district is to implement the mineral resource lands

designation of the Comprehensive Plan, establishecl pursuant to RCW 36.70A.170,by

allowing the type of activity that encourages ancl supports the oppoltunity for long-term

commercial extraction. This district is also clesigned to discourage incompatible uses

fi'om locatillg upoll tl-rose lancls where the extlaction of minerals occurs or can be

anticipated.

(2) The MRLOD shall be an overlay district that shall replace the existing underlying zoning

clesignation through legislative approval of an amenclment to the County's zoning map.

(3) Existing active sulface mines having penlits fi'om State DNR as of the date this section

of the Comprehensive Plan becomes effective will be grarrtecl MRLOD status through a

County-initiated Comprehensive Plan amendment process. Former minirrg operation with

an additional documented source of material that meet county road specifications or

construction grade aggregate that held previous State DNR Reclamation Permits may

also be eligible for a MRLOD designation as determined through this Mineral Lands

Update pr:ocess.


Clallam County CodeTitle 3l COMPRIII-IENSIVE, PLAN

Page l9l19

(4) in addition any site or parcel having a wdtten classiFrcation score of 120 or more (and

obtaining not less than 15 points in the category of "unclerlying geology") shall

automatically be granted the status of an MRLOD upon compliance with CCC

$33.62.050.

Section 31.02.9I0 of the County Comprehensive Plan is hereby repealecl in its entirety and

replace with three maps and spreacl sheets of existing mines for the Sequim Region, Port Angeles

Region, and the'Westem Region attachecl. They are available at this URL:

Section 3I.02.910 also includes an EXCEL clocument entitled "Statistics for Clallam CourÍy

Mineral Resource Lands," which is prir-rted in its entilety here.

Section 3L02.9I0 also inclucles the li4.ay 6,2020 "Supply and Demancl" memo prepared by staff.

It is available at this [IRL:

END OF DOCUMENT


4. Amendments to Zoning & Right to Practice Forestry,Mining, and Agriculture Ordinances;

July 20,2A20 Proposed changes to the County' s development regulations.

In response to V/V/GMHB #18-2-0006;Lane, Shaw, PSSI v. Clallam County

Exhibit #1 would, if aclopted, change two existing definitions in CCC $33.03.010 and add four newdefinitions.

Exhibit #2 would, if adopted, add a new section to Chapter 33.07 of the County Code and would be entitled

"Mineral Resource Lands and Mineral Resource Land Overlay Districts."Exhibit #3 would, if adopted, add to Title 33 of the County Code a new Chapter (33.62) "Mineral Resource

Overlay Districts or MRLOD."o The purpose of such districts is to implement the mineral resource lands designation of the

Comprehensive Plan, establishecl pursuant to RCW 36.701'.170 by allowing the type of activity thatencourages and supports the opportunity for the extraction of minerals in areas of Clallam Countydesignated as containing resources viable for long-terun commercial extraction. Such a district is also

clesigned to discourage incompatible uses from locating upon those lands where the extraction ofminerals occlirs or can be anticipated.

Exhibit #4 would, make changes to Chapter 27.I0 of the County Code to align the Code with current Countypractices and to make it clear that only certain zones, MRL or MRLOD status obtain Ch.27.i0 protection.

Exhibit #5 would make one change to Chapter 27.10. The change adds text to the disclosure statementfound at CCC ç2110.020(2) that must be present in order to comply with the GMA. The disclosurestatement was also reworded and shortened.

a

a

o

a

a

I-JULY 20

Exhibit #1

There are certain definitions in Title 33 of the County Cocle (or "CCC") that are either missing, incomplete or contradictory to the

definition in the County's Comprehensive Plan. Staff is proposing the following additions and revisions to Ch. 33.03.010 CCC

New text will be under cleleted text ¡+illbecresse*or+t

33.03.010(52)f{E,lil

33.03.010(47)

33.03.010(10)

Sec:tion

Not applicable

(47) "Industrial use" means any premises devotedprimarily to the manufacturing of semi-finishedproducts, finishecl products and the processing ofmaterials. This definition includes accessoryfacilities such as but not limited to storagefacilities, transfe r facilities, warehousing, heavyvehicular storage and repair, log storage millingand sorting.

(10) "Allowed use" means an activity or structurewhich is allowed or-rtright by this chapter in oneor more zones without issuance of a conditionaiuse permit.

Existing text

(52) "Long-term commercial significance" includes thegrow'ing capacit)¡, productivib¡. and soil composition of theland for lqng-tqrm commercial production, in considerationwith the land's proximity to population areas. and thepossibility of more intense uses of land. Lonq-termcommercial siqnificance !ûeaîs the land is capable of

the ed

sustainable levels for at least the twenty-year planningperiod. if adequatelv conserved.l Mineral resource lands

(47) "Industrial use" means any premises clevoted primarilyto the manufacturing of tinished or semi-finished products,or@the processing of materials. Thisdefinition inch"rdes accessory facilities such as but notlimited to storage facilities, transfer facilities, warehousing,heavy vehicular storage or and repair, log storage milling ora+d softing."

(10) "Allowed Lrse" means a Llse. afi=å€ti.ritî or structurewhich is allowecl outright by this chapter in one or morezones r,vithout issuance of a conditional use permit butremains subject to all other clevelopment regulationsapplicable to the proposal.

Proposed text and Alvarez comments

This definition is verbatim from the WAC 365-190-030(11)

2-JULY 20

3 3.03.010(98)NE\il

33.03.010(83)NElV

33.03.010(68)NEW

"Shooting Range" woulcl be 33.03.010(97) ancl

"single family dwelling" r,voulcl be 33.010(99).

"Person" would be Ch. 33.03.0i0(82) ancl thisnew text would be Ch. 33.03.010(83). "Primarydwelling unit" would be next at Ch.33.03.0 i 0(84).

"Mineral Extraction" would be renumberecl as

(67) and "Minimum Lot Size" would berenumberecl as (69).

"(98) "Should" when used in a statement, indicates a

indicates a preference, recommendation or exhorlationrather than a mandate or requirement

"(83) "Preferred {Jse" means the use that is the mostappropriate lawful use for a particr-rlar parcel because thatuse best furthers the public policy behind the zoning oroverlay designation applicable to that particular parcel.

(68) "Mineral Resource Land Overlay District" or MRLODmeans an overlay clesignation given to the location of asurface mine or proposed surface mine. A surface mineupon land having the MRLOD designation may operatethere without first obtaining a conditional use permit,3although remaining subject to the regulations listed in Ch.33.62 of the County Code and compliance with all otherapplicable development regulations."

are landsthat have known or potential long-term commercialsignificance for the extraction of minerals.2

' This definition is verbatim from WAC 365-190-030(13).3 This text assumes adoption of a Mineral Resource Land Overlay process whereby a parcel(s) would obtain MRLO District status andwould, for example, if located on rural residential land, no longer need a Conditional Use Permit to extract mineral resources.

3-JULY 20

Exhibit #2

There shall be a ne,w section of Title 33 to be codifiecl at $33.07.045 and entitlecl "Mineral Resource Lands and Mineral Resource

Lancl Overlay Districts," which shall read as foliows:

"(1)The purpose of this section shall be to protect, enhance and maintain those locations where there are mineral

resources of long term commercial significance in such quantities as are commercially sr-rstainable for the

pianning periocl or a portion of the planning period.

(2) The following r-rses are ALLOWED USES at parcels designatecl as either Mineral Resource Land orMineral Resource Land Overlay Districts:

. Asphalt ancl concrete recyciing performecl in a manner meeting the reqr-rirements of the ClallamCounty Environmental Health section and the State of V/ashington Department of Ecology

. Communicationrelayfaciiities(wirelesscommlrnicationfacilities)

. Home based industries, including storage and outbuildings, having a focus on outdoor recreation

that utilize less than five acres of the subject parcel

. Importation of clean fill and sale of same

. Mineral extraction as clefinecl in CCC $33.03.010 OR removal of solid materials at any area

which results in less than three (3) acres of "disturbed areas" as that term is definecl in state law.'i'* (see boxbelow)

r Non-residential allowed uses and conditionally permitted uses listed in the County'sdevelopment regr-rlations lbr the CF, CF 20 and CF 5 zones

. Primitive campgrounds

. RV Parks in the western half of the Straits Regional Comprehensive Planning Arear Singie family dwellings, br-rt only as a r-lse subsequent to "mineral extraction" (or creation of a

"disturbed area" as definecl in state law of under 3 acres) and completion of a reclamation plan approved byState DNR and only upon parcels or lots r,vhich were not part of a unified ownership of 320 acres or morelocated in the Commerciai Forest zoning clistrict as of the EFFECTIVE DATE of this section.

¡ Temporary asphalt or concrete plants r,vhich operate for less than 120 days in any calendar year

-JULY 20

1. New mineral extraction operations proposed to occur at a site without any Title27.l2 "critical aÍeas" must obtain a "Special Use Permit."

2. New mineral extraction operations proposed to occur at a site containing Title27 .I2 "critical areas" must obtain a "Certificate of Compliance."

3. If Clallam County enacts a "stormwater" or "clearing ancl grading" ordinance,

then any application made for a new mineral extraction operation submitted afterthe effective date of such a stormwater or clearing or grading ordinance shall

be requirecl to comply with the terms and conditions of that later-enacted

ordinance(s) and will not require a Special Use Pennit or Certificate ofCompliance.

(3) The follor,ving Llses are authorized at parcels having Mineral Resource Land Overlay District status upon

issuance of a CONDITIONAL USE PERMIT

. Asphalt batch plant operating more than 120 days in any calendar year

o Concrete plant operating more than 120 days in any calendar year

c Unclassifiecl uses that would not hinder or prevent the extraction for commercial purposes of the

mineral resource founcl at the parcel

(a) The following uses are PROHIBITED

Any use not listed above

Indoor and outcloor shooting ranges

a

a

s-JULY 20

(5) Density, lot size and buffer rules:

(6) Other Performance Stanclards for non-residential uses upon lancl co-designated as Mineral Resource Lancl

OR having the designation of a Mineral Resource Land Overlay District:

(a) Land use activities allowed through a conditional pennit should not be permitted unless the proposedactivity is compatible with long-term mineral extraction.

(b) Verification that the property owner has legal access to the property shall be provided to ClallamCounty prior to issuance of any permits for single-family dwellings within this overlay district.

(c) Allowed inclustrial uses are those which cannot be sited in urban areas or rural industrial zones due tonoise, odor, or operational characteristics. When locating in this overlay district, these uses must meetthe following standards:

Minimum Residential Setbacks

Maximum Lot V/idth Ratio

Minimum Residential Lot Size

Maximum Residential Density

Rule

Apply rule from the pre-existingzoîe.

I:4

Apply rule from the pre-existingzone.

Apply rule from the pre-existingzone

Fot land having "MineralResource Land" co-designariononly- score ) 90

Front, Side and Rear Yard: 130 feet, unless the lot <10 acres AND was legally created prior to theEFFECTiVE DATE of this section, in which case thesetbacks: 50 feet.

4

Ten (10) acres

One unit per twenty (20) acres

Fot land having "Mineral Resource Land OvedayDistrict" oveday in place. Only applies ifScore > 120

6.JULY 20

(i) Be seif-contained in that extension of infrastructure is the minimum necessary to serve thefacility ancl that no municipal ser,ver or water will be provided.

(ii) Require no upgrade to existing roads.

(iii) if located upon lancl designated CF, the use should be located at least one-half mile, but notless than one-quarter mile from the edge of the Commercial Forest bounclary.

(iv) Occupy no more than five (5) acres out of the parcel

(d) Any combination of clubhouse andior outbuildings must have a total footprint of less than 10,000

square feet and be located Lrpon a parcel not less than ten ( 10) acres in size. (Larger multi-use facilitiesare provicled for as a master planned resort.)

(7) Any surface mine operation unclertaken on real property co-designated as "mineral resource land" shall have the benefit ofChapter 27.1,0 CCC, the "Right to Forestry, Mining or Agricr-rlture" ordinance.

(8) Any surface mine proposed for a parcel or site having a designation of mineral resource land that woulcl otherwise be required

to obtain a conditional use permit before beginning mineral extraction at that parcel or site will not be requirecl to obtain a conditional

use permit but will be subject to any other applicable development regulations, including performance standarcls.

(8) The mles applicable to the underlying (existing) zoning designation for lancl co-designated as minerai resorrce land but

lacking the MRLOD designation shall control all activity on the co-designated real property, except as amended by this section. Incase of conflict between the rules applicable in the unclerlying (existing) zone and this section, then this section shall be controlling.

7-JULY 20

Exhibit #3

A new stand-alone Ch anter to Title 33 "Zoning" ìs proposed by staff. Persons or firms choosing to extract mineral

resources will gain certain "benefits" (protections) if they obtain MRLOD status

There shall be aclded to the County Cocle, a new Chapter 33.62, entitled "lvlineral Resource Lands and Mineral Resource Overlay

Districts or'MRLOD"'r,vhich shall read in its entirety as follows:

010 Purpose. The primary puryose of such clistricts is to implement the mineral resollrce lancls designation of the

Comprehensive Plan, establishecl pursuant to RCW 36.70A.170, by allowing the type of activity that encourages and

stipports the opportr-inity for the extraction oÍ'minerals in areas of Clallam County designated as containing resources

viable for long-term commerciai extraction. Such a district is also designed to discourage incompatible uses from

locating upon those lands r,vhere "mineral extraction" as def,rned in County Code (or creation of a "disturbecl area" as

def,rned in state law'of under 3 acles) occllrs or can be anticipated.

020 Lancl having pursuant to CCC $3 I .02.170(3) a written classification score of at least 90 (ancl having at least 15 or more

points from the category of "underlying geoiogy"), shall be designatecl as "Mineral Resource Land" through an annual

County-initiatecl Comprehensive Plan amenciment process. This designation as "Minerai Resource Land" shall be a co-

designation with the existing zoning clesignation applicable to that real property before the co-clesignation.

030 The MRLOD shall be an overlay ciistrict that overlays the prior existing r.rnderlying zoning designation. MRLOD status

shall be obtained via approval of the related Comprehensive Plan amendment by the County Commission. Only the

rules of this Chapter ancl33.07.025 apply to land designated as MRLOD. This section does not aiter, revise or repeal

any federal or state law or regulation applicable to either the operation of a surface mine or an appiication seeking

to operate a surface mine.

Eligibility for MRLOD status. MRLOD status is available to those lancls from which "mineral extraction" as defined in

County Cocle (or creation of a "disturbed area" as defineci in state law of under 3 acres) of mineral resources such as

040

8.JULY 20

sand, gravei, rock, ancl other valuable aggregate or metallic substances can be anticipated to occur within 20 years (or

for r-rp to 20 years) of the application date and which satisfy one or more of the following criteria:

a. MRLOD statlrs is available to existing surface mines as describecl in County Code $3 1 .02.190(3).

b. Have a known or potential extractable resoLlrce that meets cor,nty roacl standarcls or construction specifications in

commercial quantities as verifiecl by the submittal to the County of a geologic and economic report prepared by a

qr-ralifiecl professional ;

c. Meet the designation criteria listecl in $31.02.180 of the County Cocle; or

d. Have a written classification score of not less than 120 (and having at least 15 or more points from the category of"unclerlying geology") pursuant to the classification scoring system found in $31 .02.170(3) of the County Code.

.050 VIRLODstatusisnotavailabletoparcelsorsitelvithinone-halfmile(0.5rnile)ofapurblicpreserve(e.g.,nationalpark,state

or county park), urban growth area, school, clay care or elder care facility or place of religior,rs r,vorship). However, with respect to a

site ineligible for MRLOD status because of its location, gaining MRL status or the operation of a surface mine may be lawful

pursuant to compliance with other development regr,rlations found in Title 33 of the County Cocle or Title 31, the Comprehensive Pian.

060 Application requirements

Any landor,vner choosing to apply for MRLOD statr-rs shall

(1) Submit an application for a Comprehensive Plan amenclment for the applicant's real property

(2) Submit a SEPA checklist;

(3) Pay the applicable fees for review"of the relevant clevelopment regulations and the SEPA Checklist

9-JIJLY 20

(4)

(s)

(6)

11.

iii.

iv.

V.

vi.

vii.

viii.

Supply an operations plan which shall include, at a minimum,

A site plan including, if applicable, but not limited to, the location of all critical areas and their

buffers on the site and the operator's plan to manage them in a manner consistent with the County's

critical areas ordinance;

planned hours of operation,

number of employees,

associated activities (crushing, sofiing, screening) the applicant plans to r-rnclertake;

noise mitigation plans;

a noxious weed control plan;

a buffer plan in conformance with subsection (8) beiolv;

contact inf'ormation (email or phone) for a representative of the suLface mine who can be reached

outsicle of normal br¡siness hours shoulcl an emelgency arise;

the reclamation plan submitted to and approved by the State DNR; and

if applicable, ail mitigation plans intended to reduce adverse environmental impacts below the level

of probabie and significant.

If processing (crushing, sorting or screening) is to occur within t/q ml\e of a resiclence than a noise stuciy will be

required such that the noise generated by the applying surface mine at the resiclence that is most clistant from the

processing area but within Yq mtle of the processing area shall not exceed the maximum environmental ievels

atrthorizeci by Ch. 113-60 WAC.

If there is to be mineral extraction within five (5) feet of a water table that is within 300 horizontal feet from a

gror-rndwater weli then the applicant must supply a hydrogeological report to ensure the absence of impacts to

groundwater.

Strbmit a separate application for aZoning Conditional IJse Permit if the applicant for MRLOD status chooses

to install, construct and then operate an asphalt or concrete plant for more than 120 clays in any one calendar

year.

If critical areas are present on the applying parcel(s), then the applicant must comply with the County's Critical

1X

Y

(7)

(8)

1O-JULY 2O

Areas Ordinance (Ch. 27 .I2 CCC) and the State Environmental Policy Act (Ch. 43.2IC RCW) before obtaining

MRLOD status;

070 Benefits of MRLOD Status

A. Mineral extraction, as that term is defined in the County's development regulations, is an allowed use at any parcel or

parcels clesignated as a MRLOD regarclless of lvhether undertaking mineral extraction requires a Conclitional Use

Permit in the unclerlying Zoning District.

B. Operation of the surface mine in a manner consistent with the operations plan on file with the County and in

compliance with ali state ancl local regulations applicable to mineral extraction ancl processing operations shall not be

cleemed a public nuisance.

ËrstÌe.C. Home based industries, incluciing, outbr-rilding or storage areas, with a focus on rural or recreational activities w-ouicl be

permitted as long as this home baseci indr-rstry clid not utilize more than five acres of the parcel or parcels designated as

VIRLOD.

D. A parcel or parcels clesignated as VIRLOD may be assessed for tax pLlrposes as resource land.

E. After the mineral resource extraction is no longer occurring ancl the reclamation has been completed to the satisfaction

of the State DNR the lanclowner may request a county-initiated Comprehensive Plan amenclment which r,vouid remove

the VIRLOD clesignation. The amenclment, if approved by the Cor-rnty Commission, would change the underlying

zoning to either 1) the underlying (prior) zoning for the site or parcels mined or 2) the zoning designation applicable to

an abutting parcel or 3) the landowner(s) for large contiguous areas (over i 60 acres) may propose a specific zoning

designation, provided it is not considered a spot zone.

.080 Performance Standarcls.

All surface mines within land co-designated as Mineral Resource Land or within a Mineral Resource Land Overlay District shall

conform to the following performance standards. Any of these performance standards may be waived by the County for a particular

11-JULY 20

surface mine application basecl on an operations plan pursuant to ss33.62.060(4) submittecl to the County and approved by the County

as required by

(a) A fifty-foot (50') setback from all property lines, other than for access purposes onto public rights-of-way, shall be

maintained for areas of direct cut or f,rll connected with resolrce extraction operations.

i. These setbacks may be increased when necessary to protect lateral support of abutting properties

or public rights-of-way.

ii. These setbacks may be decreased by up to 50o/o when the surface mine operation is occurring on

a parcel offive (5) acres or less.

iii. These setback requirements clo not apply to a parcel or site having MRLOD designation if the

site abuts another MRlOD-designated parcel or another operating and authorized surface mine

along at least twenty-five percent (25%) of its outer boundary.

(b) A twenty-five-foot (25') screen on all property lines, consisting of site-obscuring vegetation, or other methods to

conceal the mine as approved by the county shall be maintained.

(c) A fifty-foot (50') setback of all clirect extraction operation areas shall be rnaintained from public utility iines.

(c1) Prior to the commencement of surface mining, a fence shall be constructed and maintained enclosing the area

authorized by the surlace mining permit if pLrblic safety is in question. Fences shall be at least six feet in height.

(e) Gates the same height as the fence shall be installed at all points of vehicular or peclestrian ingress and egress, and shall

be kept lockecl when not in regular use.

(f) For surface mining operations, access onto any public right-of-way may be required to be surfaced in accordance with

the county engineering division or State Department of Highways development standards as appropriate.

lz-JULY 20

(g) In order to assure maintenance and development of adequate county roadways, owners of surface mining operations

may be required to enter into a haul route agreement with the county engineer upon adoption and implementation of a

haul route agreement program.

(h) The county engineer may require the installation of traffic control and warning signs at intersections of private access

roads with publicly maintained roads in a manner consistent with the Manual of Unifonn Traffic Control Devices.

(i) No development or activity shall exceed the maximum Environmental Noise Levels codified by WAC 173-60, except as

authorized in the operations plan, e.g., blasting.

fi) Owners and/or operators of surface mines shall enstue that their operation(s) will not be hazardous to neighboring uses.

Blasting activities shall be conducted so that ground vibrations and fly-rock to off-mine site uses are monitored and

minimized.

(k) As a result of any threshold determination issued by the County pursuant to the State Environmental Policy Act, Ch.

43.21C, the County may impose additional or more stringent performance standards upon the operation of the surface

mine or may relieve the surface mine operator from compliance with a performance standard listed here.

13-JULY 20

Exhibit #4

Staff iclentifiecl certain deficiencies in Chapter 27 .10 of the County Code (or "CCC"), specifìcally sections that would need

to be deleted andior revised. Staff is proposing the following additions ancl revisions to Chapter 26.1,0 CCC to reflect

cnrrent practices and to list the titles given currently given to certain zoning clesignations in Ch. 33.07 CCC. New text will be

underlined, deleted text wi{}becresseåouL-Pr-rrp1e from citizen comments, yellow from staff recommendations.

27.r0.020(r)

27.r0.0\0

Sectior-r

(b) Prior to recording the transfer of real propertyby saie, exchange, gift, real estate contract, leasewith an option to purchase, any other option topurchase, or any other means of transfer. a

statement containing the language set fbrth in

Forestry, mining and agricultural activities.operations, faci lities or appnrtenanc es thereo l.operating in a Forestry Zone or an AgricultulalClnster Zone or a designatecl mining site within aMining Overiay Zone are favored lanci tises inClallam County. As long as these uses arealloi,vecl under CCC Title i3 and are conductedor maintainecl in a manner consistent with currentbest management practices and do not víolatelocal, State or fecleral regulations tirey sirall notbe considerecl a nuisance or be deciared a

nuisance as clef,ined in Clallam Couirty Coc1e.

This protection will be effective regalclless ofpast or future changes in the surrounding area'slanci use or zoning clesignation.

Existing te.xt

ate*ne*rt eentaining thelanguegc set ferth iû

Forestry, mining anci agricultural activities. operations,facilities or appurtenances thereof-. operating in¿\gricultural Retention. Commercial Forest.Commercial Forest/Mixed Use ("CFVIU") 20 orCFMU 5 zones or upon ianci having a VIRLODdesignation or VÍRL co-designation are preferedFerestry Zone sr an ¡\grieultt*ralG{trster Zene er a

aæåve*ed land uses in Clallam County. As long as

these uses are alloweC under CCC Title 33 and areconcluctecl or maintainecl in a mallner consistent withcurrent best management practices ancl clo not violatelocal, State or feclerai reguiations they shall not beconsiderecl a nuisance or be declarecl a nuisance as

clefined in Clallam County Coc1e. This protection r,villbe effective regardless ofpast or future changes in thesurrounding area's iand use or zoning designation.

Ploposecl text

I4.JULY 20

subsection (2) shali be recorclecl in the CountyAuditor's office in conjunction i,vith the deed

conveying the real property; provicled, however,that the real property inclucles or is r,vithin 600fèet of real property zoned as a CommerciaiForest Zone, Commercial Forest/ResidentialMixed IJse Zone, Agricr:ltural Cluster Zone, anyother Forestry Zone or as a designated mineralresolìrce site as set forth in CCC Title 3i.

(c) IJpon the issuance of a development permit.inch-rcling but not limited to subciivision permitsancl use permits, tbr use on or within 600 leet oflands zonecl for forestry, agricultural operationsor designated mining sites within a VlineralOveriay District or lands used for folestry,mining or agricultnral operations, thecliscretionary clevelopment pennit shall inclucle a

condition thal the owners of the properly shail be

recluired to sign a statement of acknor,vlecigmentcontaining the disclosure in subsection (2) of thissection on fbrms provicled by the Claliam CotintyDepartment of CommLrnity Development. whichform shall then be recorded in the CountyAuclitor's Office.

,^^.1 ^^--,^..i^^ +i^^ *^^l ^'^^^,"+-,' ^-^-,:,1^¡ L^,,,^,,^-lrvwlr wvlrvvJìr¡ti Lrrv rv41 yLvyvtLJ, i/rvvr\

that the real prepert)'ineltrdes er is u'ithin 600 feet of

e o rnrnere ial F eres#P.e^ i dcnt i al ìç4ix e#U s c Zene ;

AgrieÈútural elBstirìre

(b) Upon the issuance of a development permit,including but not limiteci to subclivision approvals,bLrilcling permits and use permits, for üse on or r,vithin600 feet of lancls zoned Agricr"rltr"iral Retention,Commercial Forest, Commercial Forest/V{ixecl Use("CFMU") 20 or CFMU 5 or land having the MRLODciesignation or MRL c o -de si gnat ion, fe+&restryi

the dise+e+ienarydcvclrpæe"t permit shall include a condition that theowners of the property shalLbe reqLrired to sign astatement of acknowiedgment containing the clisclosurein subsection (2) of this section on fbrms provideci bythe Clallarn Cor-rnty Department of Commr-rnityDevelopment. v"Hc+r$arfia-shali-ihe+be-+eeeF#å

@

15-JULY 20

Exhibit #5

Citizens have identifiecl certain allegecl deficiencies in Chapter27.l0 of the County Cocle (or "CCC"), specifically sectionsthat woulcl neeci to be added or revised. Staff is proposing greatly revised text such that staff chooses to unäerline all of theproposed text as "new," although some of the existing text is retainecl.

27.r0.020(2)

Section

If your real properly is i,vithin 600 feet ofproper-ty usecifor fbrestry- mining oragricr.rltural operations or incluclecl within anarea zoned for forestry or agricultural ptirposesor as a clesignateci rnining site, yor"r may besubject to inconveniences ol discomforls arisingfi'om such operations, INCLUDINIG BUT NOTLIMITED TO NIOISE, TREE REIVIOVAL,ODORS, INISECTS. FUMES, DUST, SMOKE,THE OPERATION OF MACHINERY OFANIY KIND ÐUR.ING ANY 24 HOURPERIOD (INICLUDiNG AIRCRAFT). THESTOR,{GE AI{D DISPOSAL OF VIANURE,AND THE APPLICATIONI BY SPRAYNGOR OTHERWISE OF CFIEMICALFERTiLIZERS, SOIT AVIENIÐMENTS,HERBICiDES AND PESTICIDES. ClallamCounty has determined that the use of realproperty for forestry, mining or agriculturaloperations is a high priority ancl favored use tothe County and lvill not consicler to be anuisance tho se inconveniences or clisc omforlsarising from forestry, mining or agriculturaloperations, ifsuch operations are consistentwith commonly accepted best managementpractices ancl cornply r,vith local, State and

Existing text

An)¡ or,mer of real propert]¡ r,vithin 600 feet of propert)'that is 1) currentl)¡ usecl fbr forestr)¡. mining orasdcultural operations. 2) zonecl for forestry. mineralresonrce extraction or agricultural purposes. or 3) aclesignatecl MRLCD or co-designated as an MRL mayhp c.,hi nnnn-¡cnien.êe

^r rtriqnnmlnrfc otr'ci.oect tn

from such operations. INCLUDiNG. BUT NOTLiIVIITED TO" NIOISE. TREE REMOVAL. ODORS.AERIAL SPR.AYING" F'UVIE,S" DUST. SMOIG.AND THE OPERATION OF V{ACHIì{ERY OF ANYKIND DURIì{G ANY 24 HOUR PERIOD. The noticefor anv rlevelonnrenf that is \,vithìn 600 feet of lancl

usecl for mineral extraction or designated as anMRLOD or MRL shall ALSO inform the acliacent

r that an a licaminino-rel:rterl ar:f ir¡if ieq inclrrdino rninino extractio n

r,vashing. crushing. stockpiling. blasting. transportins.ancl recycling of minerals. Clallam County has

determinecl that the use of lanci for forestry. mineralextraction or agriculturai operations is a preferreci usein this Count)¡. This means the Count)¡ rviil notconsider a nuisance those inconveniences orcliscomforts arising from such operations performedconsistently with commonl)¡ acceptecl best managementpractices and in compliance r,vith all local. State andFederal laws and regr,rlations.

Proposecl text

I 6-JIJLY 20

Fecleral laws. HOWEVER, THOSEACTIVITIES WHICH ARE NOT RELATEDTO NORN4AL FORESTRY, MINING ORAGRICULTURAL OPERATIONS ORWHICH DO NOT FOLLOW BESTMANAGEMENIT PRACTICES, AS DEFiNEDIN THE FOREST PRACTICES ACT, THESURFACE NiIINING ACT OR THECLALLAM COLINTY CONSERVATIONDISTRICT FOR AGRICULTURALPRACTICES, ARE NOT PROTECTEDLTNDER TFIE PROVISIONS OF THiSORDINANCE,

END OF DOCUMENT

I7-JULY 20

5. Spread Sheet of Existing Pits, Geology, and Zoning

Maps for the Sequim, Port Angeles, and Western Regions;

1230112031

11548

13105*

13197

t3t9713197

to470LO772

10004

10004

11153

11153

DNR

PËRMIT

s8

s8

57

s6

s5

55

55

s4s3

s2

sL

Mao

tequim Reg¡on 5ub-Total

Blyn

Blvn

Blvn

Pr¡mo Pit

TOWNE ROAD GRAVEL P¡T

TOWNE ROAD GRAVEL PIT

TOWNE ROAD GRAVEL PIT

DAVIS SAND & GRAVEL

KIRNER PIT

CAYS RD PIT

HALLER QUARRY

HALLER QUARRY

SITE NAME

Clallam Co. Publ¡c WorksClallam Co. Publ¡c Works

W.E. & Bruce Seton

L&B DevelopmentDick Schne¡der

Dick Schne¡der

Dick Schne¡der

DAVIS SANÐ & GRAVET

CLALLAM COUNÏY PUBLIC WORKS

BLAKES&GINC

BLAKES&GINCDELHUR INC

DELHUR INC/Bob Reandeau

OPERATOR/Owner

326.6

34.7

10.0

5.8

5.?

47.8

37.O

22.O

31.038.095.0

ACRES

TOT

?72.2

18.0

5.0

2!.4

12.8

48.0

40.0

57.0

70.0

PERMIT

ÀCRFS

!24.6

9.6

!.40.0

5.1

8.9

16.6

25.9

34.6

26.6

Dist.

Area

110

80

11s

35

35

35

75

100

200

110

PermitDeDth

35.0

55.0

55.0

5s.0

65.0

60.0

-40.0

670.O

SL

Depth

5&G

s&G

s&G

S&G

S&G

s&G

s&G

S&G

s&G

s&G

s&G

R&S

R&S

TvPe

8.060.000

750,000

600,000

500,000

150.000

1,060,000

2,000,000

3,000,000

sM-8/DCD

Ïotal c.Y

243,106

15,000

0

7.500

r.00,000

60.000

60,606

sM-8/DCDAnnual C.Y

R5

R5

CEN

NC

NC

NC

NC

NC

NC

NC

NC

CF

CF

ZONE CODF

032912130170 & 4ZOr70032912-410090

J329t2-t401.60

J43001-140000

043001-9000,9010 to 9070

c43001-120000

c43001-120030

c33007410000

033006230000

043003-110000

043134-440000

042901-220rOO

042901-310100

Parcel #

DNR term¡nated

ton/1.65=c.y.

Comment

asd

osd

ãl

asd

ogd

w

ae

ogd

Leænd

&dqlc Unk - 5ûkClallam County Mineral Resource Lands "+ffi rc, tnlry ænøcnot ædh.ñ¡ry þcks

I ø, uoorot *nø.nur s.dh.nrry ro*3

Irn. rcnrrynanroc s*inaary o*I ua, u-øo""*". !êdiñèdqo*n r., uury.rrn" *amoury tee

r{.). r.rbd slÊriic È8, c ß.èñt Êom.n6MÀ, il6ôz& voMc eks

IIilúmonù¡c Rõcþ (Amph¡dnê F¡clè.nd A¡shr)

ff x4. rentprcæ,c ooopær

I rzoe,u.*atoatyc*I nnr.uarouacnano..ñ¿ úhd núñoBËc.rd qÈour ódj

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r:fltl

fú, ld¡ry rÕs6rd dc.ñrc locß mIInIt:E

0 510 æ 3 4fmËñ-Miþ

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odñ.dhú: olGlsFRoJEcT ùTAùn.Èr Â[email protected]¡s ffoiswRtGæþd ñ.Þ 11rr?.6,

ôl,Fd.roø.oúút{d &æûod, Êdùca..onb.ñLl9rFf ddn

O.d, B.b€.r. S¡æ ot6ia dñn

Iu'.u-*.'.rn"'dhúbry.ú. Ibbn¡c Ræk!.nd OoÞo* Ifl ov ou"r.q ua-nr. .*m arq oÍt?{ry'Tdt srø¡t @k¡

ffi rqc4. ralry wranr rexq côtusbb RÈr B¡¡.r

or, Qc¡r.h4 hhsÚ. td3

ff r. t ñrlr rdturç ócE

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Éñr, Pèqúbd.ñ ddh.r.ry ÞcbMh, ü!!o¡r¿ ñ.E..dhèñbry.¡d m.Edø¡¿ ð.kMæ¿ñ, ü.þ[email protected] îa4ch.nÞry.nd d.w¡ón¡c ræk

Éh, Þænbù¡ hd.E*..d¡ B.l.ñoFhtsrôckM¿m, Usô2ôb.nÞilbdl.MæAh, ùèo¿oi+Þ¡Þo¿oc rôË¡brhÍ¡ñ, lêdÞry4*.6u! grc¡.t

I En¡, Pd@o. mdlr.dñ!ñbryþcB

II!III

lndex Mâp

-;s6,i.s3,:',ßÀ1¿:.,1 ./

ê

Ð

Anf

à

Legend

-

Main Roads

-

Maìn Rivers

I crvzo l-] on l-] nws

fllnwr flf*u -It=cR-ilt

URL

Ell *, fll nr-v flf vr-o fi s6-re |-| t.Elf r. flnzo Øo, Elto Elf'*ff ncco ff cn-r @lvlorofiruro t3u"flnccs ff cn-rrf]]unn $urlc E.*

Clallam County Mineral Resource Landsnn-rrl $t srNct !unc Iwncs1n-rtt¡ @l slmu) Nl nr.rc f]] D¡âmond pr. Airporr

fcoc @uarel;ueaI o" fl cityr-i'it"

I,8",fl qrr',r¡ lffi otympic National Park

f]] slnoe¡ [ tribattrust Lano

ì'dÈu

iJ\-\ Mines

AR EIt=

PR

P

P/OS

RSC

Et=Ef .u @ cer.r

fllnvz !qcc¡fl nr-c ! spcr

Nl*. Ø""

0 510 ¡0 & 4EIEEGull¿s

Oale:3h3/2020 sj

f]]crl,rs Er''Þo@ñed Pâü: OIGISÞR OJÊCl DÀTAWj¡ër¿l R êrource La¡dsU¡cGlS troiedrW RL Zon'ra ña9 11117.ñra

lndex Map

Port

13199

t2327

13076

t298212560

r32r3

11584

11584

10554

10554

13094

L3269

72424

L2907

12525

t2525t23721r.000

72990

12990

t2087

)NR)ERMIT

P17

P16

P3

P3

P2

P2L

P20

P19

P18

P15

ù1^P14

P13

P13

P12

P11

P10

P9

P8

P7

P6

P6

P5

P4

P1

Map

)ort Angelès 5ub Total

Shotwell

Ra¡ns Pit

A&A ROCK INC

Herrick Gravel

Eclipse TimberPfaffTinkham Pit

Blue MountainBlue Mountain

MORSË CREEK

MORSE CREEK

Shorerock Black Dia. Quarry

Hansen

)lace Road Sub-Total

H¡ghwav 12 P¡t

ELWHA

RANGER PIT P|ace Rd

RANGER PIT Place Rd

ELWHA ROCK PRODUCTS

Lakeside Place Road

PLACE ROAD PIT (DELHUR)

PLACE ROAD PIT (ÐELHUR)

Place Road Pit

PLACE ROAD PIT

SITE NAME

Jonathan ShotwellDelHur

A&A Rock

Clallam Co. Public worksLAKESIDÊ INDUSTRIES

James PfaffBradshaw

L,AKESIDE INDUSTRIES

LAKESIDE INDUSTRIES

Clallam co. Public WorksClallam Co. Public WorksJJC Resources

DelHur

Clallam Co. Publ¡c worksDNR south of Lakes¡de

LAKESIDE INDUSTRIES

GREEN CROW TIMBER LtC

Clallam Co. Publ¡c worksClallam Co. Public Works

HANK MYREN

LAKESIDE INDUSTRIES

DELHUR INDUSTRIES INC

DELHUR INDUSTRIES INC

DNR

DNR/OLYMPIC PRO 532

OPERATOR/Owner

to23.2

38.9

L2.0

3.1

37.4

39.9

30.3

430.9

7.7

22.3

60.0

b 1-b

20.0

20.0

40.4

157.0

36.9

ACRES

TOT

25.0

33.0

38.4

19.0

22.8

32

23.O

60.0

20.037.0

20.0

39.0

37.0

PËRMIT

ACRFS

458.0

3

10

20.0

14.0

4.8

248.6

2.4

0.8

12.4

6.6

18.2

o.4

3.1

20.2

25.3

12.L

0.0

17.7

77.9

11.8

1-4.9

L8.9

58.3

13.8

D¡st.

Arêe

27

60

310

30

60

50

40

62

200

50

40

50

25

30

40

70.0

45

PERMIT

DFPTI]

523

g5*475

s30

E4a

260

324920

340

260

195*215

185

SL

Depth

s&G

s&G

s&G

s&G

s&G

5&G

5&G

s&G

R&S

S&G

s&G

s&G

s&G

5&G

s&G

s&cs&G

s&G

s&G

Tvoe

10.907.248

2t.642350,000

3s0,000275,OOO

242.424

50.000

303,O30

820,000

7s0,000

750,000

909.091

500.000

980,000

606.06L

3,000,000

1..000.000

SM-8/DCD

Iotal {c.v}

5,000

30,303

32,000

500.002

100,000

sM-8/DCD

1.063.345

4.32840,00018,000

10,000

t2.tzt2.500

9,091

r.00,000

s0,000

s0.000

100,000

Annual

RCC5

CF

CF

R5

PIHVLD/LD

VLD/LD

cF & RCC3

VLD/LD

CFM5

CF

VLD/LD

RCC3

RCC3

RCC3

RCC3

RCC3

RCC3

RCC3

RCC3

RCC3

CF

ZONE

CODE

063018-4100L0083020-300000 ??

073029-320015

073029-410000 & 410300063017-230000

0s3018-440000

053018-420100 & 4100001300s0, 130000,140175053014130075, r.301r.0

510100 & 510395

0s3018-340300

063030340000

073029-r.301.10

073003-330050

073003330100

073003330000

073003340000

073003-200000 & 240050073003230000

073003310000

073003-320000

073004-440010.20 & 30

073004410000

073133410000

073133340000

Parcel #

*Est¡mate

*Est¡mate

Also permit #12087

ton/1.65=c.v

ton/1.65=c.v

ton/1.65=c.v

ton/1.65=c.v

Comment

Lænd

Gælqlc UnlE - 50frClallam County Mineral Resource Lands -+,

nr:t:t:[fSdiñ€trbry tu*.nd &pc¡Èn arq ou.È.ryr.ri.ry edhêd ldrñ.dry ôd3

r{c), f.rþry whni db.c4enr F.ú.üú

I or ouaønrryrnpcnurvdø¡r ó&.ñd dcF rr Mdsd¡rurbry a.d il.hddõ¡c Ræbþffi rv. røøry rne.cnu

"aoni" ..r

! or. ourr.rry nu*r,*sI o1r, ood.ñq-t dqhtrc¡E reßI t, rcnury inr;w rccs

ü rxr¡"mæø*u.n.¡u"."e

UeñoDhl€ Rock {Âñptibl¡tè Fldã.nd High6)Mó@dc h@ñ.@r û.bñoDüc þ¿tt

I Mer, Mdoz.rc.mFilbdl.

! ræa.. ræouaro¡ù..ñÉib¡ü.Ü flon.Lnb6'.bcæ3rÈß.ffi uz¡n,u""o-r"¡n.c.

I Pzr¡, P.ÞozoicEftrs

ffiI-ntfIr:lætw

t, f.nhry .6.h!ntrl $óh.úry ¡o*sil&. iléo¡o. co¡h.¡r.r ¡.dh.¡try r.ck!1.,Lri.ry ¡€rhoE drñ6rB 6&

! æl m..rnn rn,.o"o e" I pzñy prtdrô. Fèv.t.¡ic rock.

I Mæ¿o, Mèo.dábo f prye,*r.ua"n,arrce^",o*n iloq.Ln!Éæ@ù. orhôsi.!3

Íhr.il.!o.d. ñEâ.rG a¡ú ùn d rd.ñoÞüc.d lgrcous 6ú!

! o, rcaon'" romr: æa or 'ø*ff Gbcb'.ú jetþ&r

Imcr

Ob, aoúiúry ñ.t¡{.d¡, &Þôdtr

4Èdr.ø.ou¡ffi-nd &æ¡ao¡c, a.Èþ.@. conh.nbr oGir dm

tu, aèko.a..þ..ltærcdñ[

c.uûi3, hchdh! nroieÍis0510 æ þ ogEEæM¡ras

gh, M.kdDñf¡. dhar.ry mf,rblé¡þ Rærs.nd O?F!B

III

Þ¿ñr Pd.eoE nd!s.dlñ.¡¡ry ¡oc&

P2Éh!. Þ.|.@oÉdmbù¡ n.bs.d¡m.il!ryÞdr

Én3, Pr.øm¡ñil o.l$.din¿d.ry ÐcktIæ"',

olq ourÈ8ry-Lùry þ16¡E ¡d.Ìv(co, rúry wløñb Gk!. &!ñb{ Rù.t Èú.i I uz, ueroæic mci"r ro*rcftái¡ryvd{díods I czi, e.urocr*,,r"".*

M?ht,M.loær*cdoic mdõ.drh.ntrryrñd há¡hrérE Ek

PZñt P¡þo.d.ñÈl¡rdrûør.t rd ñ.b!*.dce.ls

Oo.h.nl P.ùr DIGISFROJÉCI DAlAwi¡eól RsuG.t.ndiuÉGts Bojd.\MRL6êobqy ñ4 lxlañÈ DåÌei

lndex Map

E

il

V

N

Legend

-

Main Roads

-

Main Rivere

ffillin".

Clallam County Mineral Resource Landscn-rn fl srn-r¡ $ qruc¡ f unc ffi *" I coc@

E= uRL @qn-rrr¡ EII IIt=AR

CF

CFM5

trT=It=Ri Inccs @cn-rrIunx

,"+'r=Icrr',rzo fi on t]]PR fllnw flle fllnz []]eros fllNc E=RSc ff ncce @

RW5

R5

RLM

R20

cR-l

C'ty

ØE=

URI-PAUGA

Limitss

E=E=Mffi

@ETN

VLD

osØØ

S(MU) $lnrucEl*fll nvz

Inr-cNl *.

D¡amond Pt. A¡rport

CEN

s(Gc)

s(Bc)

GC

M

cl

EIEËI:EMræ

VLD/LD

s(R-rv)

LD

MD

UNC

IIØ

TR

UC

CN

EE ñn@

S(LM) Olympic National Park Date:3/132020 s,

Tribal Trust Lands(RDP)

Dotun.d P.b: OTGISROJECT OAT winërd

Ilndex Map

Western

Western Region Sub-Total

L3225

72627

LO747

L3044L240111558

11356

13215

12828

11280

12832

10555

)NR)ERMIT

w12w11w10W9

W8

w7W6

W5

W4

W3

w2W1

Map

Canvon Creek

WinfieldCity of Forks

Old Smokey Pit

Quillavute

Loop Tavern

Whitcomb Dimmell P¡t

BRUCH & BRUCH CONSTRUCTION

Sappho

BEAVER FALLS QUARRY

FLOE QUARRY

MARY CLARK

S¡TE NAME

Seaton ConstructionDNR

Campbell

RaVon¡er torest resources

Clallam Co. Public WorksDNR

Clallam Co. Public worksBRUCH & BRUCH

DEL HUR INC

BRUCH & BRUCH

DEt HUR INC

DNR/OLYMPIC PRO 534

OPERATOR/Owner

23.9

15.7

23.5

13.5

76.2

163.0

ACRES

TOT

80.0 110.4

744.0 125.8

13.0 17.4

L25.9 143.9

74.s ls.s11.9 15.8

19.6 112-3

2O.o 19.7

r29 l8.z

?8] lt.SL63.0 130.7

22.r lro.a

24030

60

30

25

35

30

310

30

3r.o

160

30

PERMIT

DEPTH

235

7Q

3s0

840

515

530

900

460

SL

Depth

630

338

R&S

s&G

s&G

s&G

s&G

s&G

5&G

R&S

5&G

s&G

R&S

s&G

1s2.000

4,000,000

2.220.OOO

360,000

175,000

1,600,000

600,000600.000

240,0005,000,000

sM-8/DCDTotal C.Y

20.000r.2,000

37,000

10,000

20,000

20,000

15,000

s0.000

13.s00

sM-8/DCD

Annual C.Y

FICF

1ÉCF

CF

RW5

CF

CF

RW5

CF

ZONE

CODF

lefferson Co

lefferson Co.

132809210030

132806110050

14281.0320150 & 320100132903-130050

132933-230050

113026-230000

123028-?30000123077430sOO

113029410000123032270000

Parcel #

*Estimate*Est¡mate

*Estimate

Comment

315.9 6ss.6 183.3 t4,947,OOO 197,500

/

Leoend

Gâolw¡c Unib - 500k

Ei:-rIfll or o*".a r.-

09ó Pr.3rôèú.coñrm.â!.r01.ûddan

o.d Þr.6rocú. rÞ'^.9ræ,á ó¡i

fl r. r"atry""^t"""r,r s"o^"n"ry,""*"

ilfuz" vc,oæc*n'*uil r" r.a"ry.c-"t-e *a--ory.*"ll uz^. v""o.o," """'"to,"! r.. r"r"ry.0.^. *o."nory."all uz. u"**"".a*"

"¿d,noñ,!ry'æßblcõnic Rocks õnd D"po!¡t3

I o" o*"-.v*r-"."sI or" o"ac-,ry-rcaøry wrø.c,cafll ru6a r"r"ry *r*-".ckr. corùñb6Rvê,8¡'.i

Lj v,.r,åryúok¡nc6*.

I rq4 reraryota*c'*ks cr.sc.nr Fomâ¡oñ

Én! P.e'ñ!^ôn ñaêv.Eån..ocß

fl rxq rarnry-ccraccors onrosn*r

ffi uzoe. uo"oro," o*oçno*.

f] u2., ueroro,cr,eranÈ ànó ñ':.d ñ¿r¡ncÞn,c.ñd EñÈu!,.d!

I ¿ Ì.e","-.*..*,",úr.r3¿ ¿à,ãcr,3,s herud,re ñydi!áûdi_l cu*' -ø,ærcr"i-l*"'S-\".*

Clallam County Mineral Resource Lands -+,ob. o0rcmrry ñ¿r3 *.3ùñ9 d.Þolrt

oú, our¡.rñ.ryt¡roôrår vdc¡i. fo.ks ¿nd dèpôr3 Mèláscdìñ.¡bry¡nd ilevolcan¡c Rocks

fl u2... u"--" -o*"0,--n,y rccr"üètaoorphic Rocks (Adphibhe Faciés and Highêr)

ffi

I[fI o, o,,r".rry.t'"'o,o*rI or, ouar.-a-r.n",r.r*,*,o*"ff r r"nøry,a.s*rc.e

0510 ð s 4EIIIEæ¡Milcs

IIrnIH

ÞZFmi tul.o¿o'.-P¡cc.h¡rdn

rcñs. Þrè6ãbiâ^ m.1as.ó'h¿d6ry @.k3

t_:r::IL]

=I:TI

lll uzrz,. M¡sozo'q-p!r.o,ó,c !ñÐ'b.rrcf:flfl

rXL. rên'¿Þoêr..¿rúr'dtu3v. óckt r(on r..'¡ry-ci.râc.oùi sn.ßrS.diñ.¡r.ry Rock! lnd Èpc¡Elll or" o"r"..ry-r.n,.ry

"

D@uø€¡rPrñ 0rGlSFROlecl0ÁlÂW'ñe/slRcrov/..13ñd3wÉGrsprojeds\MRLG.obqyhåÞrr:176rd

lndex Map

I

\'.'\*

"<siñ"=\)$¡J

Legend

-

Main Roads

-

Main Rìvers

ffirvin",Eo*E3 "'fll crvs

flf nws

Elf *u

f]] nr-r',r

I nzo

Clallam County Mineral Resource Lands

S cn-u f]] srn-r¡ $ s6.rc¡ | unc E *"fl unr- [ s1n-lr¡ ffil qvu¡ $ nruc I oiamono pr.Airport

EEII=It=

cFtvl20

PR

P

P/OS

RSC

QR

RW1

R2

NC

TC

TR

UC

trf IIIr=

GC

M

ct

wE URI.PAUGA

City Lim¡tst:t= EIIIËII]EIulesE]Ø

VLD

osEIE3

t=E=

fll *u QceNfinvz lsrcclfll nrc !s6c¡N *" Ø""

s(R-rv)

LÞ

fl nccs fll cn-r @ vr-ol-o @ "o EE*, flnccs flcn-rr flunu $l uNc f--lcr

I s¡r-rr,r¡ L:T] otyrpict,iat¡onat Park

I sfnoe¡ ff TrìbatTrust Land

Dàle: 3n3n020 sj

Oe!ñeñrP¿b o\G¡SPROJECTOATAwjn.r.lR.iôur.èL¡ndsu(GtsrrqedswRLZðnr¡em.9jjr17.ñrd

lndex Map

THETAvIclTHETAVC = CRESCENT FORMATION

QedQgd = GLACIOMARINE DRIFT IPLEISTOCENEJ

500K eeologv

Qeo IilQgo[i) = VASHON RECESSIONAL ICE-CONTACT OUTWASH IPLEiSTOCENEJ

Qeo

Qgo = VASHON RECESSIONAL OUTWASH IPLEISTOCENEI

EvIcpJEvfcp) = MARINE BASALTIC ROCKS, PILLOW DOMINATED

EvIcf)Evfcf) = MARINE BASALTIC ROCKS, FLOW DOMINATEDMap Units100K eeoloev

May 27,2O2OStatistics for Clallam County Mineral Resource Lands

122,921,.37

302,166.7 5

Count]¡wideAcres

2,891,.1,4

55,43r.20

1,01,,61,2.10

1,4,225.38

CountywideAcres

1,92.06

472.14

CountywideSquare Miles

4.52

86.61

158.77

22.23

Countywide Sq.

Miles

83,577.40

183,010.05

none

35,9L4.77

63,9 44.05

1,2,605.05

Within CF zone

1,51.79

L,L11".59

none

155.39

100.78

none

Within CFMSzone

209.58

1,,266.99

none

430.26

209.06

1.4.44

WithinCFM20 zone

Total Sq. miles from 100k mapsTotal land mass of Countyo/o of County land mass listed

272.1.3

1,7 62

1,5.44

6. Supply and Demand Memo regarding Mineral Resources.

Minenal R.esource LandsClallam County Supply and Demand.

Prepared May 2o2oAuthor: Greg Ballard

A. COMMUNITYVIStrON: The citizens of Clallam County recognize rnining as animportant part of the local and. regional economy. Mineral resources such as sand andgravel supply materials for road maintenance and construction projects throughout theregion. The community seeks to achieve a balance betr,veen the need for mineralresources and the need to protect the environrnent and the community from any adverseimpacts of mining through best management practices, reclamation, and restoration.Good stewardship of mining operations requires a partnership among mining operators,cotinty citizens, and regulatory agencies.

B. BACKGROUNÐ: Clallarn County is fortunate to possess good deposits ofvaluable mineral resources, consisting primarily of sand, gravel and bedrock. Based oncurrent demand for minelal resources the knorvn quantity and quality of minerairesources present in Clallam County should be enough to iast for weli beyond the GMAplanning period of zo years. icieaily these depots should be located within z5 mileswhere they are utilized, and for each z5 miles of transport this doubles the cost of thematerial. For Clallam County DCD has broken the county into three regions, Sequim,Port Angeles, ancl the Western Region. Although material can be transported fromother regions within Clallam County and from out of county sources, knowing howmuch supply and demand there is for each region would guide the county in knowinghow vital it is to protect existing mineral extraction operations from incompatible uses.

C. DEMAND: The following information was providecl by the Clallam County RoadDepartment Memo dated February S,2o2o, which is attached as Exhibit "A.". Thisincluded the annual average tonnages (zot5-zot9) consumed in order to compare thatnumber with the Pacific Lutheran University study of the Aggregate Industry inWashington 2oo3. The following categories, r,r'ith assistance from WSDOT, DNR, localbusinesses, and Ciallam County contracts r,r'ere explored; r) Road Maintenance z)Construction Aggregate 3) Construction Ready Mix.

I

Road Maintenance

Aggregate material used to maintain and operate State, County, and Forest roadsincluding but not limited to crushed surfacing, cold mix aspiralt, hot mix asphalt, chipsealing, sanding and gravelling (for r.r'inter conditions), shoulder flattening, potholefilling, etc. These are annlral figures:

' Clailam County:

' WSDOT:. DNR:n Total:

34,87o tons9,1O4 tonsS52,ggo tons5q6".?()4 tons

Clallam county tonnage was collected through accompiishment reports generated inhouse as reportecl frorn the District Supervisors. WSDOT tonnage was estimated basedon a nrilling ancl paving schedule of r7-t9 years for zt4lane miles at 65o tons/lane mile(r39,roo tons since 2ooo report or 6,955 tons/year) and a chip seal schedule of 7-royears at 93 tons/lane mile (42,966 tons since 2ooo report or 2¡49 tons/year). Tonnagefor DNR rryas calculated estimating a 20' Load rvidth a road section of 24" for west endroads (8ZS.z6 miles) and 12" for east end roacls (z7o.t8 miles). This equates to 1o,95stons/nrile and 5,478 tons/mile respectively. Assuming roo% resurfacing evely 20 yearsannual tonnage was estimated to be 47B,gzB tons (west encl) and 74,oo2 tons (eastend).

Constructioir Aggregate :

Aggregate material used for neu' construction or maintenance of infrastructure pr-rt topublic bid by Clallam Countlz onl)¡ including but not limited to new trails, new roads,road vvidening, utility rvork, bridge construction, scour protection, removal of fishbarrier culverts, contracted maintenance work, etc. Aggregate tonnage considered forthis estimate fall under County account nurnbers S9S.31 (Grading-roadway ex subgradeex, gravel borrow, shot rock ballast) S7S.S2 (glavel base, crushed surfacing top course)

S9S.33 (asphalt, concrete) S9S.S1 (bridges/structures) and 595.4o (drainage). Theseaccount codes include, but aren't limited to crushed base course, crushed top course,ballast, select boLrow, quarry spalls, rip rap, concrete, hot mix asphalt, drain rock,structural back fill, retaining wall back fill, etc.

. Clallam County S-year average:

. Clallam County 3-year average:, Lakeside HMA production:

2oLg). Total: aL1,125 - 126,580 to¡rs/vear

Hot mix asphalt (HMA) tonnage \ ¡as an average number provided by the Lakesicle PortAngeles plant manager for all I-IMA produced in Clallarn County for work in Clallam

6t,tz5 tons76,5Bo tons

So,ooo tons (45,ooo - 60,0oo from 2o1S-

2

County rounded to the nearest 1,ooo ton. A 3-years and 5-year average was provided inthat the recent years the County irad taken on larger, and more trail and bridge projectsas well as the recent tiptick in fish barrier projects.

Construction Read)¡ Mix:

Angeles Concrete Products (ACP) is the major concrete supplier for thepeninsula/Clallam County (much like Lakeside Industries is for HMA). Ar¡erage annualproduction from ACP r,r'ould provide a relatively accurate nurnber for concreteproduction/consumption in Claliam County. The tonnage provided reflects finer andcourse aggregate prior to mixing from the Port Angeles and Sequim plants.

Construction Ready Mix: 44,ooo tons annuallyc

Conclusíon:

Based on the accomplishment reports, 20r5-2cl9 Clallam County contract revien,information from WSDOT and DNR, and consulting with the HMA and concrete plantsthe following tonnages are estimated:

Note r * Measured in Tons

Estimated T)emand based Per Cauita use of sravel

The cotrnty Lises approximately 766,884 tons of material for Road Maintenance,Construction Ready Aggregate, and Construction Reacly Mix. Based on 75 percent of allaggregate use being used for transportation this would equate to a total county usage oft,ozz,z56 tons (776,88+ X 1.3S).

Based on the 2oo3 Pacific Lutheran Universitit 2ooT Report and information fromTlrtrrston County it is estimated that ß.75 tons of material is used per capita. Based onan estimated population of 74,707 (OFM zo2o) persons in Clallam County this r,r'ouldequate to 1,027,22r.

Thus the county-J¡ased usage estimate is r,r'ithin one-half percent of the estimate basedon usage per capita as determined by the Pacific Lutheran study. The closeness of thesetwo results increases the likely leliability of both approaches.

)J

Year RoadMaintenance

ConstructionAggregate

Construction ReadyMix

Totalt

2000 723,16o zBg,z57 98,4r4 1,1O6,831

2CJ2cJ 596ßo4 126,SBo* 44,OOO z66,BB+

Detailed Detnand Estitnate use of Mùterel ût Clallam Coult!.t

CF Zoning & Forest Roads

Based on the comparison of the 2ooo and zozo Road Maintenance consurnptionstatistics (above) it appears that the Pacific Lutheran Universitv Aggregate Industry inWaslrington Stucly dated 2oog included DNR Roads. DNR roads accounts for 9z.6percent of this total aggregate used for forestry roads. Basecl on the nature of forestlyroads, most of these roads do not utilize material that meets WA State DOT or CountyRoad specs. Most of this materiai is obtained from barror,v sites within forestry areas.

Barror,r'site for forestry roads that are zone Commercial Forestry do not require state orcounty permits.

Number of Acres of CF Zoned Pro

Note r - The Straits Region has 9z percent of its land use designation as CF and theWestern Region has 48 percent of its lancl use designation as CF. For the Zoning Maps,Geology Maps, and Matrix of existing pits the Straits and Western Regions have beencombined.

Tlre cotrnty has approximately 454,9oo acres of CF Zone lands, r,vhich is also consideredForest Lands of Long-Term Significance. Much or the rock in the CF Zone lands thatmay not meet road standard is adeqtiate for the maintenance of these forestry roads. Itshould be noted that 15 of the 4t Q6%) existing pits addressed in the Supply matrixbeloiv are located within the CF Zone. This means that the 454,goo acres of CF Zonedproperties throughout the county are still available for mineral extraction. In addition,the CF Zone has air Bo acre minimum, 1go foot setbacks, and requires a Zoning CUP fora residence on large commercial forest ovvnership orrer 64o acres on June 27, t995. Thisserves to preclude development of incompatible uses for forest management andmineral extraction rn ithin these areas, and allorv areas withiir the CF zone that are foundto meet DOT, County road or construction or read¡' mix Specs to be developed as surfacemines in the future.

The provision of approxirnately SS2,33o c.y. of appropriate quality of rock annually forthese forestrlz roads from the barrow pits in the CF zonecl ar:eas allor,v the county to focuson rnineral extraction proposals for sites rn¡here the resource extracted is able to meetWA State Department of Transportation and County Road Specification, and aggregatethat meets construction ancl ready mix specifications

4

/EI L

Sequim Port Angeles Straits Regionl Western Re.qiont Total33,OOO 34,OOO 245,OOB t42,Bgz 454,900

l)

Estirnated Road and Construction te & read mix trsel for zozo in tons

Note r excludes DNR Forestry Roads

Excluding DNR Roads the county expects to utilize 2r4,SS4 tons of material. Thisequates to approximatelli (zt4,SS4 tons X t c.ylt.6g ton) r3o,o3z cubic yards, which isthe unit of measurement for the supply of gravel from existing mineral extractionprovided in the Supply Matrix's belor,v. The WA State DNR Geology Sectiontlansportation projects account for 75 percent of the materials utilized by a county.Therefore this r¡¡ould inclicate that the cotinty collslrmes an estimated total of (r3o,o3zc.y. X tgg) t7z,g43cubic yarcls of material count¡nvide per year (exclucì.ing DNR forestryroacis). The Ciallam County Road Departrnents has indicated that 4o percent of theroads are located in Seqtiifr, 40 percent in the Port Angeles Region, and zo percent inthe Western Region. Based on these estimates, it is assumed that demand would besimilar. This woulcl equate to

Estimatecl total annual in Clallarn

Note r - Excludes DNR Forestry Roads

Supply

DCD compiled the estimated supply of existing pits with assistance from DNR Geologyancl Earth Resources. This r,vas done i:y utiiizing the quantities from DCD permitapplications ancl SEPA Checklist and also from the SM-B form for annual and totalquantities of material.

The Three Matrix for the Sequirn, Polt Angeles, and Western Regions of the countyThere is a total of 4t pits.

Annual Production from Pits in Cubic Yards

Note r - Combiires Straits and Western Regions

Total Annual Production Divicled

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DOTMaintenance

CountyMaintenance

ConstrtictionAggregate

ConstructionReady Mix

Total,

9,1o4 34,87o 126,sBo 44,OOO 2L4,554

Sequim Region Port Angeles Region Western Region6g,oooc.y 69,ooo c.y 34,5OO c.y

Sequim Port Angeles Western Regionl Totalz43,to6 1.,o63ß45 197,500 1,503,950

Sequirn Port Angeies Western Regionl3.52 15.47 5.81

Us e n

This indicates that for the Sequim Region that the annual supply is 3.52 times thedemand. This indicates that for the Port Angeles Region that the annual supply isr5.4rtirnes the demand. This indicates that for the Western Region that the annualsupply is 5.Br times the demand

Lifetime ofalì resource

Note r - Cornbines Straits and Western Regions

Lifetime Supply of Exi ts Dirrided Annual n1

Note r - Measured in number of ys¿¡s supply

Aithough rich in saud and gravel, the County has relatively fer,r' areas of high-qualitybasalts used in construction activities. Shot rock is important for highrvay constructionand flood control lip rap.

Lifetirne Basalt SLr of Resource n in Cubic Yards

Percent Basalt re resents of Total Estirnated Su

Anntial Production of Basalt from Exis Pits in Cubic Yards

The County did not calculate the demand for basalt specifically. Based on DOT using9,104 tons annually for highway maintenance this would equate to S,S15 c.y. of materiai.If u'e assume that annual basalt usage is tirree times DOT usage, this would equate to anannual basalt Lrsage of approximately 15,ooo c.y. per year per region (assumingapproximately z5 percent of this rock is used in the Sequim & Port Angeies Regions andthe remaining 5o per:cent is used in the Western Region). Based on this estimate thecurrent annual basalt production rn'ould provide the foilowing:

Lifetirne Supply of Existi Dii'ided Annual Us e 1

Note r - Measured in number of years suppll'

Sequim Port Angeles Western Regionl TotalB,o6o,ooo 10,9O7,248 1.4,947,OOO 33,914,248

Sequim Port An.qeles Western Regio¡tr17 158 440.

Sequirn Port Angeles Western Re.qionl Total3,OOO,OOO 75O,OOO 1,992,OOO 5,742,OOO

Sequim Port Angeles Western Regionl TotalnniJ/ 7 t3 17

Sequim Port An.qeles Western Regionl Total6o,6o6 too,ooo 9O,OOO 2So,606

Sequim Port Angeles Western Regionl200 5O 133

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CONCLUSTO¡{

The existing (having DNR permits) surface mines are able to supply the mineralresources needed in Clallain County for tt7 to 44o years based on the current demandfor those resources. Similarly, the existing mines are able to supply the basalt needed inClallam County for 5o to 2oo years basecl on the current dernancl for that material.

Thus, designating the 4t surface mines having active DNR permits as Mineral ResorirceLand Overlay Districts will protect a sufficient supply of mineral resources for thecurrent planning period (zozo-zo4o) and r,r'ell beyond.

In addition, the County is proposing to amend its Comprehensive Plan to include aclassification scoring system for sites that rnay contain commercially viable quantities ofmineral resoltrces as part of a system that ¿uil1 designate es mÌneral resout"ce land othersires ín a.ddition to tlrc 4t exísting mínes. Lands designated as mineral resource landswill normally not neecl a Conditional Use Perrnit before starting operation and will havethe "Right to Mine" protections prlrsuant to existing County Code.

5 /'to¡;¿ ¿Greg Date

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WORK SESSION - Clallam County

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