HomeMy WebLinkAboutCONSENT Quimper Land Trust Stewardship 615 Sheridan Street
n„ n Port Townsend, WA 98368
O� www.JeffersonCountyPublicHealth.org
Public Health JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Josh D. Peters,County Administrator
FROM: Michael Dawson,Water Quality Manager, Environmental Public Health
Tami Pokorny, Natural Resources Program Manager
DATE: 41 thervi4b-er /0, 24 2S
SUBJECT: Jefferson Land Trust: Quimper Land Trust Transfer Project Stewardship
Agreement
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests approval of a Quimper Land Trust Transfer Project
Stewardship Agreement to provide stewardship of the Quimper West and Quimper East properties
located near the City of Port Townsend.
ANALYSIS:
This Stewardship Agreement is entered into between the County and Jefferson Land Trust to provide ten
years of ongoing stewardship, with some County assistance,of the Quimper West and Quimper East
properties as well as completion of property management plans.This agreement replaces a previous
stewardship agreement signed in 2009 pertaining to the properties while they were leased to the
County from the Department of Natural Resources through the Trust Land Transfer Program.The
properties have now been acquired, in part with the Conservation Futures Fund.They are popular with
the public and some areas receive substantial recreational use,which the Land Trust and its volunteers
have managed very capably for more than a decade.This agreement complements a related
Conservation Futures Program grant agreement and a Deed of Right for conservation of these parcels.
FISCAL IMPACT:
No monies are associated with this agreement although the Conservation Futures Program grant
agreement provides up to$5,500 over ten years, presuming at least a 50%matching contribution,for
reimbursement of operations and maintenance expenses.There is no impact to the County's General
Fund from this agreement.
RECOMMENDATION:
JCPH Management recommends BoCC signature updated Quimper Land Trust Transfer Project
Stewardship Agreement to provide stewardship of the Quimper West and Quimper East properties.
REVIEWED BY
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Josh D. Peters,County Administrator !Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
EH-25-037
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson Land Trust Contract No: EH-25-037
Contract For: Quimper Land, Stewardship Agreement Term:
COUNTY DEPARTMENT: Environmental Health
Contact Person: Tami Pokorny
Contact Phone: x498
Contact email: tpokomy@co.jefferson.wa.us
AMOUNT: $0 PROCESS: Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: — Small Works Roster
Sources(s)of Matching Funds —Vendor List Bid
Fund# _ RFP or RFQ
Munis Org/Obj _Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP IA CE W 'P 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:f July 21,2025
Sig ure Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT B N DEBARRED :Y ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: ElJuly 21,2025
C
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/24/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/24/2025.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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STEWARDSHIP AGREEMENT
Between Jefferson Land Trust("JLT") and
Jefferson County ("the County")
THIS AGREEMENT is entered into between the Jefferson Land Trust (hereinafter
referred to as JLT), and Jefferson County (hereinafter referred to as the County), for stewardship
activities in support of open space and habitat preservation.
RECITALS
Whereas,JLT's mission is to work with the community to preserve open space,working lands,
and habitat forever; and
Whereas, Jefferson Land Trust has been working since 1995 to protect the Quimper Wildlife
Corridor as a corridor linking critical habitat areas, in accordance with the Growth Management Act
(GMA) goal of protecting such critical areas; and
Whereas, Jefferson County has purchased the Quimper West and Quimper East properties in
order to protect the open space and habitat functions of the two properties described herein;
Now, therefore,the parties to this Agreement agree to the following:
L Obligations:
JLT hereby agrees to support Jefferson County's willingness to preserve and protect these lands of
important habitat and public open space values as follows:
• By reviewing the condition of the two properties described herein within ninety (90) days of
the date of the execution of this Agreement.
• By creating management plans for these two properties within 150 days of the execution of this
Agreement, to be approved by Jefferson County, that guides ongoing stewardship activities to
be undertaken by JLT and the County as identified in this Agreement.
• By periodically (not less than once every twelve months)undertaking monitoring the condition
of these properties as conditions relate to the conservation purpose and long-term management
goals and delivering an annual written monitoring report to the County staff identified.
• If cleanup, noxious weed control, or other stewardship activities such as trail maintenance
consistent with the approved management plans are needed,JLT will,to the best of its capacity,
address the concerns with the help of community volunteers. At its option, Jefferson County
may assist with these activities.
• If other stewardship concerns, such as hazard tree removal or sign installation are needed that
are not identified in the approved management plan or are beyond the scope of available JLT
volunteer capacity, JLT will notify Jefferson County staff. At its option, Jefferson County may
address these stewardship concerns
EH-25-037
• JLT will post the properties as appropriate with signage approved by or provided by Jefferson
County intended to discourage vandalism, garbage dumping, and resource theft.
• JLT shall immediately notify the County upon discovering conditions that potentially threaten
the important habitat and/or public open space values protected.
2 Indemnification
JLT shall indemnify and hold harmless the County, its past or present employees, officers, agents,
elected or appointed officials or volunteers(and their marital communities),from and against all claims,
losses or liability, or any portion thereof, including reasonable attorney's fees and costs, arising from
injury or death to persons, including injuries, sickness, disease or death to JLT's own employees, or
damage to property occasioned by a negligent act, omission or failure of JLT. JLT shall be liable only
to the extent of JLT's proportional negligence. JLT specifically assumes potential liability for actions
brought against the County by JLT's employees or volunteers, including all other persons engaged in
the performance of any work or service required of JLT under this Agreement and,solely for the purpose
of this indemnification and defense, JLT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. JLT recognizes that this waiver was specifically entered into pursuant to
provisions of RCW 4.24.115 and was subject of mutual negotiation. For the avoidance of doubt, the
obligations in this section shall survive the expiration or termination of this Agreement.
Insurance
JLT shall secure and maintain in force throughout the duration of this Agreement policies of insurance
as follows:
Workers Compensation Insurance. If and only if JLT employs any person(s) in the status of employee
or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of JLT, Worker's Compensation Insurance in an amount or amounts that are not less than
the required statutory minimum(s) as established by the State of Washington or the state or province
where JLT is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage liability
coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for
a combined single limit of not less than $500,000 each occurrence with the County named as an
additional insured in connection with JLT's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million dollars
($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount
($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater
amount is specified in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
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c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)
days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the
approval of the contract by the County.At the option of the County,the insurer shall reduce or eliminate
deductibles or self-insured retention or JLT shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
JLT shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall
be subject to all of the requirements stated in this Agreement.
Failure of JLT to take out or maintain any required insurance shall not relieve JLT from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise
limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the
insurance policies so affected shall protect both parties and be primary coverage for any and all losses
covered by the above described insurance. It is further agreed by the parties that insurance companies
issuing the policy or policies shall have no recourse against the County (including its employees and
other agents and agencies) for payment of any premiums or for assessments under any form of policy.
It is further agreed by the parties that any and all deductibles in the above described insurance policies
shall be assumed by and be at the sole risk of JLT.
It is agreed by the parties that judgments for which the County may be liable, in excess of insured
amounts provided in this Agreement, or any portion thereof,may be withheld from payment due, or to
become due,to JLT until such time as JLT shall furnish additional security covering such judgment as
may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous
contracts and specific service agreements.
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Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant
to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance JLT must provide
in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured" to a policy
obtained by JLT refers to an endorsement(by number or name)but does not provide the full text of that
endorsement,then it shall be the obligation of JLT to obtain the full text of that endorsement and forward
that full text to the County.
The County may, upon JLT's failure to comply with all provisions of this Agreement relating to
insurance, withhold payment or compensation that would otherwise be due to JLT.
For the avoidance of doubt,the obligations in this section shall survive the expiration or termination of
this Agreement.
Subject Properties:
This Agreement covers each property below:
Ouimper East
Portion of Section 33, T31N, Rl W
Jefferson County, Washington Land
Description:
Government lot 5 of Section 33,Township 31 North, Range 1 West,Willamette Meridian,Jefferson
County, Washington, EXCEPT the north 330 feet thereof, as shown and described by that Record
of Survey recorded January 11, 1996, in Book 17 of Surveys at Pages123-128, under Aud itor's
File No. 387842, Jefferson County records. APN 101333 002
Ouimper West
Portion of Section 32, T31N, Rl W
Jefferson County, Washington Land
Description:
The SEl/4 of the SW1/ 4 and the SW1/4 of the SEl/4 of Section 32, Township 31 North, Range 1
West, Willamette Meridian, Jefferson County, Washington, according to U.S. Government
subdivision procedures, APN 101323004 and 101324001
TOGETHER WITH
Lots 1, 2, 3, 4 and 5 of Block 72 of the Supplementary Plat of Captain Tibbals Lake Park, according
to the plat thereof recorded in Volume 2 of Plats at Page 3,records of Jefferson County Washington.
APN 999 007 201
5, Term:
This Agreement shall become effective after the execution of the Stewardship Agreement and shall expire ten
(10) years from the date of signing, when at that time both parties can discuss updating or extending this
Agreement.
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ils Amendments:
The parties to this Agreement may, through a writing approved and executed by both parties, amend this
Agreement.
Contacts for Agreement
Jefferson County:
County Administrator
JPeters@cojefferson.wa.us
(360) 385 9100
Jefferson Land Trust:
Preserve Manager
info(a,saveland.org
(360) 379-9501
APPROVED AND ADOPTED this day of , 2025.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair Signature
By: Name:
Greg Brotherton, Commissioner
Title:
By: Date:
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Gallaway,
Clerk of the Board
Approved as to form.only:
n
r ,��'�'`x�~- July 24, 2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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