§ 43.42.070. Cost-reimbursement agreements
(1) The office may coordinate negotiation and implementation of a written agreement among the project proponent, the office, and participating permit agencies to recover from the project proponent the reasonable costs incurred by the office in carrying out the provisions of RCW 43.42.050(2) and 43.42.060(2) and by participating permit agencies in carrying out permit processing tasks specified in the agreement.
(2) The office may coordinate negotiation and implementation of a written agreement among the project proponent, the office, and participating permit agencies to recover from the project proponent the reasonable costs incurred by outside independent consultants selected by the office and participating permit agencies to perform permit processing tasks.
(3) Outside independent consultants may only bill for the costs of performing those permit processing tasks that are specified in a cost-reimbursement agreement under this section. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
(4) The office shall adopt a policy to coordinate cost-reimbursement agreements with outside independent consultants. Cost-reimbursement agreements coordinated by the office under this section must be based on competitive bids that are awarded for each agreement from a prequalified consultant roster.
(5) Independent consultants hired under a cost-reimbursement agreement shall report directly to the permit agency. The office shall assure that final decisions are made by the permit agency and not by the consultant.
(6) The office shall develop procedures for determining, collecting, and distributing cost reimbursement for carrying out the provisions of this chapter.
(7) For a cost-reimbursement agreement, the office and participating permit agencies shall negotiate a work plan and schedule for reimbursement. Prior to distributing scheduled reimbursement to the agencies, the office shall verify that the agencies have met the obligations contained in their work plan.
(8) Prior to commencing negotiations with the project proponent for a cost-reimbursement agreement, the office shall request work load analyses from each participating permitting agency. These analyses shall be available to the public. The work load of a participating permit agency may only be modified with the concurrence of the agency and if there is both good cause to do so and no significant impact on environmental review.
(9) The office shall develop guidance to ensure that, in developing cost-reimbursement agreements, conflicts of interest are eliminated.
(10) For project permit processes that it coordinates, the office shall coordinate the negotiation of all cost-reimbursement agreements executed under RCW 43.21A.690, 43.30.490, 43.70.630, 43.300.080, and 70.94.085. The office and the permit agencies shall be signatories to the agreements. Each permit agency shall manage performance of its portion of the agreement.
(11) If a permit agency or the project proponent foresees, at any time, that it will be unable to meet its obligations under the cost-reimbursement agreement, it shall notify the office and state the reasons. The office shall notify the participating permit agencies and the project proponent and, upon agreement of all parties, adjust the schedule, or, if necessary, coordinate revision of the work plan.
[2007 c 94 § 8; 2003 c 70 § 7; 2002 c 153 § 8.]
Notes:
Sunset Act application: See note following RCW 43.42.005.
Sections: Previous 43.42.005 43.42.010 43.42.020 43.42.030 43.42.040 43.42.050 43.42.060 43.42.070 43.42.080 43.42.900 43.42.901 Next
Last modified: April 7, 2009