HomeMy WebLinkAbout121310_ra01
Regular Agenda
JEFFERSON COUNTY PUBLIC HEALTH
615 Shendan Street. Port Townsend' Washington' 98368
www.jeffersoneountypubliehealth.or9
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Health Manager
Tami Pokorny, Environmental Specialist II
DATE: December 13, 2010
SUBJECT: Presentation of Recommendations and Resolution for the
2011 Conservation Futures Funding Cycle
STATEMENT OF ISSUE:
Conservation Futures Citizen Oversight Committee Chair Phil Andrus and Committee
staff request time to present recommendations and a resolution to initiate the 2011
Conservation Futures Funding Cycle.
Section 5, paragraph 5 of the Jefferson County Conservation Futures Fund Ordinance
#06-0708-02, now codified at JCC Section 3.08.030(7), requires the Conservation
Futures Citizen Oversight Committee (CF Committee) "to review program principles at
least once every two years and make recommendations to the Board of County
Commissioners for modification to the program." The CF Committee has preferred to
conduct its review annually.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
A memo from Chair Andrus, included with this packet, summarizes the CF Committee's
recommendations for the 2011 cycle. These recommendations are incorporated into the
accompanying draft Application and Ranking Sheet.
Staff also requests BoCC consideration of the accompanying resolution to approve the
Committee's recommendations as well as the draft 2011 CF Program Manual. The
Manual has been updated from 2010 to include the current Committee membership,
Appendix B map and revised language in the project agreement template.
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The proposed resolution would also establish a CF application period of January 12 to
March 1 and estimates available funding, as calculated by JCPH staff, at $75,000. Of this
amount, up to $31,000 may be awarded to operations and maintenance activities (15%
of projected 2010 revenues).
Please recall that up to $102,394 of this cycle's allocation was previously awarded to the
Tamanowas Rock and Nicholson Short Plat project.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The presentation and approval of the resolution would have no impact to the General
Fund. Funds to support the Conservation Futures Program are provided by the Jefferson
County Conservation Futures Tax Levy.
RECOMMENDATION:
JCPH Management recommends the BoCC hear the presentation and approve the
resolution to initiate the 2011 Conservation Futures Funding Cycle.
REVIEWED BY:
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EFFERSONOUNTYUBLICEALTH
615 Sheridan Street Port Townsend Washington 98368
www.jeffersoncountypublichealth.org
To:
Jefferson County Board of Commissioners
From:
Phil Andrus, Chair,Conservation Futures
Citizen Oversight Committee
Date:
December 7, 2010
Subject:
Conservation Futures 2011 Funding Cycle
Again this fall, the Committee and I would like to present our recommendations for
the upcoming Conservation Futures Program funding cycle and provide a brief
update on the status of funded projects.
Status of Funded Projects
Annual project reports were requested and received from the following CFF
projects this year:
2009 Quimper Wildlife Corridor
Brown Dairy
Finnriver Farm
Glendale Farm
Salmon Creek Riparian Acquisition
Tamanowas Rock and Nicholson Short Plat
Tarboo Wildlife Preserve East Side Addition
Upper Tarboo Creek Conservation Easement
Acquisitions related to the Tamanowas Rock and Nicholson Short Plat and the
Salmon Creek Riparian Acquisition Projects are currently in negotiation. All other
properties have been acquired. Annual reports indicate that each of the projects are
receiving stewardship and monitoring, and no issues of concern to the Committee
have arisen.
Program Changes
Program Materials
The Committee recommends that only a few revisions to the 2010 project materials
be made for the 2011 Funding Cycle. These are summarized below:
COMMUNITY HEALTH
ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES
WATER QUALITY
-385-9400MAIN: 360-385-9444
MAIN: 360
FAX: 360-385-9401 FAX: 360-379-4487
2
1.) Question #1 of the Ranking Sheet was modified to use a qualitative gauge of
matching contribution significance rather than a strict percentage scale. The
adjusted weight for this question was reduced from 10 to 5.
2.) Some projects may serve as a general community resource, so Question #27 of
the Application and Question #10 on the Ranking Sheet have been revised to reflect
the value of this.
3.) For clarity, the term “cultural resources” is now defined in a footnote to
Question #27 on the application and Question #11 of the ranking sheet.
4.) Question #21 of the Application and Question #7 of the Ranking Sheet now
recognize the value of sensitive species and habitats, including species and habitats
of local significance, in addition to state and federally listed threatened and
endangered species.
Program Process
The CF Committee was generally satisfied with the process it used in 2010 to
evaluate projects for recommendation to you. We propose that the application
period this year begin on Wednesday, January 12 and end on Tuesday, March 1.
Currently, we anticipate that the meeting to hear project presentations will occur on
the evening of April 11 with site visits the following day. The meeting to rank
projects would then likely occur on the afternoon of May 2.
Public Outreach
Once again this year, the Committee and staff plan to host an information booth at
the Jefferson County Conservation District tree sale. Staff is also making
presentations to local watershed, salmon recovery, and other groups about the
program.
As Chair, I would once again like to cordially invite the Board of County
Commissioners and all interested citizens to attend any of our committee meetings
and events. Our meeting schedule and program information are displayed on our
website at:
http://www.co.jefferson.wa.us/commissioners/Conservation/conservation.asp
COMMUNITY HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES NATURAL RESOURCES
MAIN: 360-385-9400 MAIN: 360-385-9444
FAX: 360-385-9401 FAX: 360-385-9401
Jefferson County Conservation Futures Program Manual
2011 Funding Cycle
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Jefferson County Conservation Futures Program Manual
2011 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a
system of public open spaces, those open spaces being necessary for the health,
welfare, benefit and safety of the residents of Jefferson County and the maintenance
of Jefferson County as a desirable place to live, visit and locate businesses.
Conservation Futures Citizen’s Oversight Committee Membership
(as of December 6,
2010)
Phil Andrus
Herb Beck
Lige Christian
Jerry Gorsline
Janet Kearsley
Phyllis Schultz
Sarah Spaeth
Fred Weinmann
John Augustus Wood
Table of Contents
Overview…………………………………………………………………………………......3
Conservation Futures Citizen Oversight Committee (CF Committee)………………...4
Project Selection………………………….………………………………………………....4
Information Sources…………………………………………………………………….…..4
Reimbursement ………………………………………………………………………….….5
Compliance with All Laws………………………………………………………………......6
Record Retention……………………………………………………………………….…...6
Acquisition Projects………………………………………………………………………....6
Operation and Maintenance (O&M) Projects………………………………………….….9
Required Meeting and Site Visit……………………………………………………….…11
Grant Notification and Agreement………………………………………….……….……11
Annual Reports……………………………………………………………………………..11
Program Suggestions…………………..………………………………………………….12
Forms and Templates…………………………..……………………………APPENDIX A
Funding Request and Reimbursement Form
Project Agreement Template
Annual Report Form Template
Please note: The 2011 CF Application and Ratings Worksheets are available
separately from program staff.
Map of Approved Projects…………….……………………………………..APPENDIX B
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Overview
Jefferson County welcomes your application to the Conservation Futures Program
(CF Program). Please do not hesitate to contact Jefferson County Environmental
Health Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or
tpokorny@co.jefferson.wa.us.
In July 2002, the county commissioners approved Conservation Futures Ordinance
No. 06-07080-02, now codified at Jefferson County Code Section 3.08.030(7), in
accordance with the Revised Code of Washington (RCW) Chapter 84.34. The
ordinance establishes goals for the county’s Conservation Futures Program and an
allocation process for the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands, including green
spaces, greenbelts, fish and wildlife habitat and trail rights-of-ways proposed for
preservation for public use by municipalities, special purpose districts, and private
non-profit corporations within the county. "Open space land" also includes farm,
agricultural land and timber land [as those terms are defined in Ch. 84.34 RCW].
Each spring, the Conservation Futures Citizen Oversight Committee provides
funding recommendations to the county commissioners who then decide which
projects to fund. Projects may include fee-simple or any lesser interest or
development right with respect to real property as well as operation and maintenance
(O & M) activities. O & M projects must be linked to CF-funded acquisitions.
A 50% match is required for all project types. Match must be cash, land trades,
the value of land to be traded, or other open spaces linked to the property under
application. Open space, wildlife habitat, agricultural and timber lands are all
eligible.
Section 3 Paragraph 10 of the ordinance requires that ownership of properties or
easements will be held by public entities or others as defined in RCW 84.34.210,
or government entities may choose to share title of a property with a non-profit
nature conservancy corporation or association.
Applicants for projects may include the county, municipalities, park districts, state
or federal agencies, private non-profit corporations or associations, and private
individuals.
Project applicants must be represented by a local sponsoring organization based in
Jefferson County. Potential sponsors include local governments, special purpose
districts and non-profit corporations. A list of potential sponsors is available by
contacting program staff. Project sponsors are responsible for the content and
submission of the application, the presentation of project proposals to the CF
Committee, organizing and hosting videotaped site visits, the stewardship plan and
its implementation, and all contracting, reporting, and reimbursement obligations with
Jefferson County.
Available funding is announced early in the calendar year and
applications are made available through the Water Quality Division of
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Jefferson County Environmental Health Department. Conservation
Futures Funds monies can be the collateral, revenue stream or security
for long-term financing (typically bonds) in a manner consistent with law.
Public workshop(s) may be held prior to the start of the funding round. Staff is always
available to answer questions from sponsors, applicants, and interested parties.
Applications are typically due the first Monday in March and sponsors present
projects to the CF Committee and host site visits later that month. In April, the CF
Committee meets to rank projects, determine recommended funding levels, and
compose its overall recommendations to the BoCC. In June the BoCC makes its
funding determinations. Funding for reimbursement is generally not available until
August. At least every other year, the BoCC reviews the priorities expressed in the
Conservation Futures Ordinance and the related scoring system. All meetings of the
Conservation Futures Committee are open to the public. Citizens are encouraged to
attend.
Conservation Futures Citizen Oversight Committee (CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests
and expertise. It includes at least two individuals from each commissioner district and
at least nine citizens total. Anyone interested in applying for a seat on the committee
is encouraged to contact the Board of County Commissioners Office
(jeffbocc@co.jefferson.wa.us) and/or program staff.
Project Selection
The CF Committee ranks projects according to criteria designed to reflect the
priorities expressed in the Conservation Futures Ordinance #06-0708-02. Please see
the current application for specifics.
After the project presentations and site visits, each CF Committee member
independently ranks each project on a preliminary basis. At the next meeting of the
CF Committee, these scores are discussed and adjusted as needed to reflect the
consensus that is reached. The committee then determines a rank order for the
projects and develops a recommendation for allocating the available funding
between projects and between capital expenses and O & M. Both the rank order and
the funding recommendations are presented to the county commissioners at a
regularly scheduled meeting, usually in June, and a public hearing is held.
Designation of grant awards may be made at this time or at a later date, at the
discretion of the commissioners. Beginning in 2010, project sponsors were asked to
sign a grant agreement with the county. Funds may be available as early as August.
Please contact program staff for more information about the timing of funds
availability.
Information Sources
The Conservation Futures Program is administered by the Commissioners Office
with assistance from the Environmental Health Department Water Quality Division.
Please note that the information contained in this manual is not intended as a
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substitute for the statutes and ordinance governing the Jefferson County
Conservation Futures Fund and Program, but rather should be read in conjunction
with them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34
(RCW 84.34) and the Jefferson County Conservation Futures Ordinance 06-0708-
02.
To access RCW 84.34 online, visit www.leg.wa.gov/Help/helpwithsearch.htm and
click on “Laws and Agency Rules”.
The CF Ordinance and additional information are available online via the
Conservation Futures website:
www.co.jefferson.wa.us/commissioners/Conservation/conservation.asp.
Contact program staff at Ph: 360/379-4498, Fax: 360/379-4487 or send an email to
tpokorny@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy
and are local dollars for the purposes of match. Except in the case of escrow
payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an
approved settlement statement, and a preliminary title report, CF funds may be made
available to the title company shortly before closing for the direct costs of property
acquisition and closing. Please discuss dates for closings and loan periods with
program staff to help ensure that grant funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than
the amount of conservation futures funds awarded to the project before conservation
futures tax funds are reimbursed to that sponsor. This contribution may consist of:
cash
land trades if the valuation of the land to be traded is established by a
valuation arising from an appraisal generated by a Washington State
Certified Licensed Appraiser (Member of the Appraisal Institute MAI);
the cash value of the land to be traded, excluding Jefferson County
conservation futures contributions; or
other open spaces acquired within the previous two years that is situated
either directly adjacent to or could, in the sole discretion of the county, be
directly linked to the property under application.
cost of appraisal, title insurance, closing costs, and other miscellaneous
fees (See Section 3.7 of the Conservation Futures Ordinance)
Proof of match, stewardship plan(s), title reports, and proper documentation must be
submitted before any funds are dispersed. Billings consist of two elements:
expenditures and the non-reimbursable match of 50%. Expenditures are paid
invoices submitted by the project sponsor to Water Quality Division accompanied by
a completed Funding Request and Reimbursement Form (See Appendix A). All
projects approved for CF funding are eligible for O & M funding. Non-reimbursable
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match is the sponsor’s documented contribution to the project. The billing package
must be original and complete.
Match, provided in the form of open spaces acquired, in excess of the 1:1
requirement of the CF program may be available to future projects for a period of two
years if, at the sole discretion of the county, the match properties may be linked to
the new project application.
Billings may be received at any time during the project period. It is important to
implement projects in as timely a manner as possible and also to bill in a timely
manner.
If matching funds are not secured within three years, the project may be required to
re-apply.
Jefferson County must pre-approve easement language and will add restrictive
language to statutory warrantee deeds, or require the use of other legal instruments,
to ensure conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program
policies, County policies and all applicable federal, state and local laws, orders,
regulations and permits.
Record Retention/Public Records Act
The project sponsor shall retain all books, records, documents, data and other
materials relevant to the agreement for a minimum of six (6) years after the
completion of the project. Documents related to the expenditure of CF funds, by way
of example only, purchase and sale contracts, settlement documents, invoices, e-
mails, expert reports and/or appraisals, are Public Records subject to disclosure in
accordance with the Public Records Act, Ch. 42.56 RCW, if requested by a citizen or
entity. All meetings and activities of the CF Committee are subject to the Open Public
Meetings Act, Ch. 42.30 RCW. The public is always invited and encouraged to
attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold
criteria in order to be considered for funding. Each application will receive an initial
screening to make sure that it is in compliance. Applicants are encouraged to submit
pertinent materials and documents, as appropriate, in addition to those items
required.
Project Eligibility
__ Proposed acquisitions must have a willing seller.
__ The property, or property right, must be eligible for purchase as defined
by state law, RCW 84,34.210 (i.e. “…protect, preserve, maintain,
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improve, restore, limit the future use of, or otherwise conserve, selected
open space land, farm and agricultural land, and timber land…”).
cannot
__ Conservation Futures funds be used to acquire property, or a
property right, that will be used for active recreation purposes (including
but not limited to sports fields, playgrounds, recreation centers, swimming
beaches or pools, motorized boat launches).
cannot
__ Conservation Futures funds be used for passive development of
a site. For the purposes of this application, passive improvements
include, but are not limited to, trails, interpretive centers, viewpoints,
picnic areas, access, restrooms, landscaping and parking.
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or
federal agencies, private non-profit corporations or associations, and private
individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities, Park Districts, or private non-profit corporations based in Jefferson
County. A current, but not necessarily comprehensive, list of eligible local
sponsors may be requested from program staff.
Eligible Capital Project Expenditures: See also Section 3.7 of the Conservation
Futures Ordinance
Capital project expenditures or match may include:
__Costs of acquiring real property, including interests in real property
__Cost of related relocation of eligible occupants
(includes administration)
__Cost of appraisal
__Cost of appraisal review
__Cost of title insurance
__Closing costs
__Pro rata real estate taxes
__Recording fees
__Compensating tax
__Hazardous waste substances reports
__Directly related staff and administrative costs
(These are limited to 5% of the total cost
of the project.)
__Related legal costs excluding the cost of preparing application for conservation
futures funds.
__Baseline documentation
__Boundary survey
__Cultural resources review
(survey, excavation, on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property
or interest in real property therein through the exercise of the power of eminent
domain.
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Eligible Operations & Maintenance Expenditures –
Please note: Total O & M awards are
limited to 15% of the conservation futures funding available in any year – contact staff for details
Operations & Maintenance expenditures or match may include, but are not
limited to:
__Cultural resources review
(survey, excavation, on-site monitoring and data recovery)
__Demolition
__Fencing
(if needed for public safety or resource protection)
__Noxious weed control
(initial control, up to $75 per acre)
__Signage
__Special site-specific reports
(e.g. stewardship reports)
__Wetland identification and/or delineation
Stewardship Plan
Prior to reimbursement, sponsors must provide a stewardship plan that describes
how the property, or property right, will be maintained over time. Costs for
stewardship plans are eligible for operations and maintenance reimbursement
only under “Special Reports” (not as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and
provide updates as they are generated. A title report and title insurance are to be
issued in conjunction with the property transaction.
Appraisals
Successful applicants must provide an independent appraisal (standard,
narrative or M.A.I.) from a Washington State Certified Licensed Appraiser if the
estimate of value exceeds the assessed value at the time that reimbursement is
requested. In no case shall conservation futures funds dispersed exceed the
grant amount awarded by the BoCC. No appraisal is required for properties
assessed at $20,000 or less.
The appraisal must:
__ be no more than 1 year old. A Supplemental Update by the original
appraiser may be required, at the discretion of the county, if the
appraisal is more than six months old.
__ include a current Title Report provided at the time of the most current
appraisal or update.
__ if timber, mineral or aquatic resources are to be included as value to
the appraisal, then the appraisal shall include a separate timber,
mineral or aquatic resources evaluation of value,
or
__ an opinion of value from a qualified representative of the real estate
industry or recent valuation from the Jefferson County Assessor’s
Office may be used when the total assessed value does not exceed
$20,000.
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Review Appraisals
No appraisal review is required of the sponsor by the CF program. However, the
CF Committee and/or the County may choose to select an appraisal for
independent review for any reason.
Project Implementation
At the time of purchase or the signing of a “purchase and sale agreement”,
the appraisal must be no more than a year old unless an extended
period is requested and approved by the county, up to a total of 18
months.
Application and Attachment Requirements for Acquisition Projects
All requested materials must accompany the application upon submission:
__ Proof of Willing Seller: A “Willing Seller” letter confirming that the
current owner of the property proposed for acquisition is willing to sell.
__ Estimate of Value: A county assessment, certified appraisal of value,
and/or an estimate of value from the project sponsor.
__ Site Location Map: On a Jefferson County base map, or on a map of
the sponsoring agency’s jurisdictional boundaries, clearly identify the
location of the proposed acquisition.
__ Project Boundary Map: On a quarter-section map or other map of
sufficiently large scale, identify the boundaries of the proposed
project.
__ Color Images: Provide six (6) digital images of the property proposed
for acquisition. The images should show flora, terrain, waterfront,
man-made features, access roads, wetlands, unique characteristics,
etc. Please include captions and an aerial view, if available.
__ Development Plan or Narrative: Provide a schematic or master plan
map of the project site showing proposed uses and improvements, if
applicable.
__ In addition, if the application sponsor is a private non-profit
organization, attachments must also include:
__ Proof of 501(c)(3) Status
__Current Budget
__Board Roster
__Organization Chart or Staff Roster
__Most Recent Financial Statements (audited if possible)
__ Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor, the minutes or resolution should
indicate the project priority and how it was determined.
Operation and Maintenance Funding
Availability of Funds for O & M
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Only projects that are acquired using conservation futures funds are eligible for O
& M funding.Requests for O & M funding should not exceed the available limit
(consult with program staff). Approved disbursements for operation and
maintenance of interests in real property purchased with conservation futures tax
levy monies shall not in any particular year be greater than fifteen percent (15%)
of the conservation futures tax levy monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property acquired with
Conservation Futures funds. Conservation futures tax levy funds appropriated for
O & M or interests in real property shall not supplant or replace any existing
funding for maintenance and operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or
federal agencies, private non-profit corporations or associations, and private
individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities, Park Districts, or private non-profit corporations based in Jefferson
County.
Application and Attachment Requirements for O & M Projects
All requested materials must accompany the application upon submission. If an
item is irrelevant to the project at hand, please explain why this is so.
__ Proof of Willing Seller: A “Willing Seller” letter confirming that the
current owner of the property proposed for acquisition is willing to sell.
__ Estimate of Value: A County assessment, certified appraisal of value,
and/or an estimate of value from the project sponsor.
__ Site Location Map: On a Jefferson County base map, or on a map of
the sponsoring agency’s jurisdictional boundaries, clearly identify the
location of the proposed acquisition.
__ Project Boundary Map: On a Quarter-section map or other map of
sufficiently large scale, identify the boundaries of the proposed
project.
__ Color Images: Provide six (6) digital images of the property proposed
for acquisition. The images should show flora, terrain, waterfront,
man-made features, access roads, wetlands, unique characteristics,
etc. Please include captions and an aerial view, if available.
__ Development Plan or Narrative: Provide a schematic or master plan
map of the project site showing proposed uses and improvements, if
applicable.
__ In addition, if the application sponsor is a private non-profit
organization, attachments must also include:
__ Proof of 501(c)(3) Status
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__Current Budget
__Board Roster
__Organization Chart or Staff Roster
__Most Recent Financial Statements (audited if possible)
__Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor, the minutes or resolution
should indicate the project priority and how it was determined.
Budget and Timeline
Attached to the first Annual Reporting Form must be a budget and timeline for
expenditure of O&M funding for the succeeding ten (10) years measured from
the date of approval by the BoCC.
Documentation of Match
A match of 50% must be documented with each invoice. Match guidelines are
identical for acquisition and O & M proposals (see especially Section 3;
paragraph 5 of the CF ordinance). In-kind labor cannot be used as match.
Reporting
Any project sponsor receiving O & M funds is required to submit a report each
October until those funds are expended. An expenditure summary that provides
the following information must accompany billing:
1) Date the payment was made.
2) The vendor and/or employee to whom the payment was made.
3) A description of what was purchased or what work and/or services were
performed; provide a description of what service or work was performed
for the payroll costs or by the sub-contractor.
Application and Attachment Requirements for O&M Projects
To apply for O & M funding for a project previously purchased using CF Funds,
use the standard application form. In question #1, refer to the original project title
and year that the project was approved followed by “O & M Request Only”. If you
feel that a question is irrelevant to the project at hand, please explain why.
Required Meeting and Site Visit
Project sponsors are required to make a presentation to the CF Committee and host
a visit to the project site. The visits are videotaped by county staff. These are usually
scheduled in mid- to late March.
Grant Notification and Agreement
Sponsors will be notified by staff of grant awards as soon as possible after the BoCC
makes their decision, usually in June. Sponsors will then be asked to sign a project
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agreement with Jefferson County. An informational template is provided with this
manual.
Annual reports
Sponsors are required to submit a brief progress report by October 30 every year for
three years after the acquisition funds are disbursed to the applicant, whichever is
later. The progress report must address any changes in the project focus or purpose,
progress in obtaining matching funding, and stewardship and maintenance.
Sponsors receiving O&M funds will also submit an annual report for each year that
O&M funds are expended. The Committee will use the information to develop a
project “report card” that will be submitted annually to the Board of County
Commissioners. A report format template is included with this manual and will be
provided to the project sponsor electronically.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to
the Conservation Futures Committee by letter or email via staff at the contact
information on page 3. Every CF Committee meeting also includes two public
comment periods. Meeting times are provided in newspapers and on the program
website.
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Appendix A
Conservation Futures Funding Request and Reimbursement Form
Jefferson County
Conservation Futures
Project Name: Date:
Program
c/o Jefferson County
Project Sponsor:
Water Quality Division
615 Sheridan Street
Billing Period:
Port Townsend, WA
98368
Is this the final billing? Yes [ ] No [ ] Invoice Number [ ]
Sponsor’s Certificate: I hereby certify under penalty of perjury that the items and total listed
and attached herein are proper charges for materials, merchandise or services furnished
and/or services rendered have been provided without discrimination because of age, sex,
marital status, race, creed, color, national origin, handicap, religion or Vietnam or disabled
veterans status.
BY________________________________________________________
Title Date
To Be Completed By Sponsor
Categories
(attach
Previous Expenditures To Date Costs For This Billing
detailed
Project
lists and
Agreement
Non-Non-
receipts)
Expenditures ReimbursableTotal Expenditures ReimbursableTotal
MatchMatch
Land
Totals
O & M
Totals
Funding and Expenditure Formula (For CF Program Staff Use ONLY)
Agreement Information Previous CF Reimbursements
Match Source DateNotes Total Billed
CF Share Billed
CF Share
Approved
Match Owed
Balance
CF Share
Retained
CF Share Paid
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JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT TEMPLATE
Project Sponsor:
Project Title:
Project Number:
Approval:
Resolution ________ on __________
A.Parties to the Agreement
This Project Grant Agreement (Agreement) is entered into between County of Jefferson
(County), PO Box 1220, Port Townsend, Washington 98368 and _____________________,
and shall be binding upon the agents and all persons acting by or through the parties.
B.Purpose of the Agreement
This Agreement sets out the terms and conditions by which a grant is made through the
Jefferson County Conservation Futures Fund. The grant is administered by Jefferson County
Environmental Health for the Sponsor for the project named above.
C.Description of Project
The subject Project is described in the attached 2011 Conservation Project Application for the
___________ project
. Conservation Futures Fund (“CFF”) from Jefferson County in an
amount not to exceed $_______ will be used towards the goal and objectives listed in the last
paragraph under question #__ found on page __ of the ___________ application for the CFF
monies.
D.Term of Agreement
The Project Sponsor’s on-going obligation for the above project funded by this Agreement is
to provide maintenance of the site or facility to serve the purpose for which it was intended in
perpetuity unless otherwise identified in this Agreement.
E.Period of Performance
The Project reimbursement period for acquisition expenses shall begin on ____________.
The Project reimbursement period for acquisition expenses will end on _________ unless
proof of match is provided prior to this date. No expenditure made before ________ is
eligible for reimbursement unless incorporated by written amendment into this Agreement.
F.Project Funding
The total grant award provided by the Jefferson County CFF for the Project shall not exceed
$_________and Jefferson County CFF shall not pay any amount beyond that approved herein
for funding of the Project. In no event will the CFF funds expended for this purchase exceed
_______ percent (___%) of the overall costs ($_____) listed in the 2011 Conservation Project
Application for the _________ project. This Project is eligible for reimbursement of
________ expenditures as described in the Jefferson County Conservation Futures Program
Manual for 2011 Funding Cycle.
The contribution by the Sponsor toward work on the Project at a minimum shall be as
indicated below. The contribution by the County toward work on the Project is described
immediately above in “C”.
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Acquisition
Percentage Dollar Amount
Conservation Futures – ___________ _____% $_______
(not less than
Project Sponsor $_______
50) %
Total Project Contribution Cost 100% $________
Operations and Maintenance
Percentage Dollar Amount
Conservation Futures – ___________ _____% $_______
(not less than
Project Sponsor $_______
50) %
Total Operations and Maintenance Cost 100% $_______
G.Unexpended Project Allocations
Should unexpected Project allocations, including, but not limited to project completion at less
than the estimated cost or, alternatively, the abandonment of the Project occur, then the
Sponsor shall notify the County.
H.Transfer or Conveyance of Title or Ownership
Projects carried out in whole or part with Conservation Futures Funds shall not be transferred
or conveyed to third parties unless the document or instrument reflecting the transfer of title
or ownership reflects a written provision or clause providing that the land or interest in land
shall be continued to be used for the purposes of Jefferson County Code Chapter 3.08 and in
strict conformance with the uses authorized under RCW 84.34.230.
That same written provision or clause shall also contain language that the land or interest in
land shall not be converted to a different use unless and only if other equivalent lands within
the geographic jurisdiction of the governmental agency are received by the conveying party
(the Grantor) in exchange for the lands or interest in lands being conveyed.
I.Rights and Obligations
All rights and obligations of the parties to this Agreement are subject to this Agreement and
its attachments, including the Sponsor’s Application and Jefferson County Conservation
Futures Program Manual for the 2011 Funding Cycle, all of which are attached hereto and
incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement
will be effective unless provided in writing. All such alterations, except those concerning the
period of performance, must be signed by both parties. Period of performance extensions
need only be signed by Jefferson Board of County Commissioners.
J.Indemnification
Sponsor shall indemnify, defend and hold harmless the County, its officers, agents
and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Sponsor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Sponsor.
K.Insurance
The Sponsor shall secure and maintain in force throughout the duration of this
contract:
1.Worker's compensation and employer's liability insurance as required by
the State of Washington.
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2.Comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $2,000,000 aggregate in connection with
the Sponsor’s performance of this Agreement.
3.Commercial Automobile Liability Insurance providing bodily injury and
property damage liability converge 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.
4.
Sponsor shall provide all required proofs of insurance to the County in
care of, Contracts Manager at Jefferson County Public Health,
615Sheridan St. Port Townsend, WA 98368 prior to commencing
employment.
L.Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor
in connection with the services rendered under this agreement shall be the property of
the County whether the project for which they are made is executed or not. The
Sponsor shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information, reference and use in connection with
Sponsor’s endeavors.
M.Compliance with Applicable Statutes, Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210, and published agency policies,
which are incorporated herein by this reference as if fully set forth.
N.Sponsor’s Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this contract and
the services rendered including all books, records, documents, receipts, invoices, and
all other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect cost of any nature expended in the performance
of this contract. The Sponsor’s records and accounts pertaining to this agreement are
to be kept available for inspection by representatives of the County and state for a
period of six (6) years after the date of the final payment to Sponsor. Copies shall be
made available upon request.
O.Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing,
accreditation, permitting and registration requirement/standards necessary for the
performance of this contract.
P.Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises
between Jefferson County and the Sponsor and it cannot be resolved, either party
may request a dispute hearing with a mediator assigned by or associated with
Jefferson County District Court. Either party’s request for a dispute hearing must be
in writing and clearly state:
1.the disputed issue(s),
2.the relative positions of the parties, and
3.the Sponsor’s name, address and Agency contact number
These requests must be mailed to the Project Manager, Jefferson County
Environmental Health Department, 615 Sheridan St., Port Townsend, WA 98368,
within fifteen (15) days after either party received notice of the disputed issue(s). The
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parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal. The parties will split evenly the cost of mediation or whatever form
of dispute resolution is used.
Q.Termination for funding
Jefferson County may unilaterally terminate this contract in the event funding from
state, federal, or other sources are withdrawn, reduced, or limited in any way after the
effective date of this contract.
R.Termination for Convenience
The County reserves the right to terminate this agreement at any time by giving ten
(10) days written notice to the Sponsor.
S.Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not
transfer any interest in this agreement without the express written consent of the
County.
T.Subcontracting
The Sponsor shall not enter into subcontracts in connection with this project for any
of the work contemplated under this contract without obtaining prior written approval
from the County. Prior written consent by the County shall not be unreasonably
withheld.
UNon-Waiver.
.
Waiver by the County of any provision of this agreement or any time limitation
provided for in this agreement shall not constitute a waiver of any other provision.
V.County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or
state law, to determine if Sponsor is complying with all applicable statutes, rules,
codes ordinances or permits.
W.Project Grant Agreement Representative
All written communications sent to the Sponsor under this Agreement will be addressed and
delivered to:
Project Contact Conservation Futures Program
_________________ Jefferson County Environmental
_________________ Health – Conservation Futures
_________________ 615 Sheridan Street
_________________ Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice
of any change.
X.Entire Agreement/Severability
This agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of
the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void, all
other sections of this Agreement shall continue to have full force and effect.
Y.Effective Date
This agreement, for the ________project shall be effective upon signing by all parties.
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Z.Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior
Court In and For Jefferson County.
DATED this _______________ day of _____________________ 2011.
By __________________________________
David Sullivan, Chair
Jefferson Board of County Commissioners
By __________________________________
Sponsor
Attested ____________________________
Clerk of the Board
Approved as to form:
____________________________________
David Alvarez, Chief Civil DPA
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Jefferson County Conservation Futures Program
Annual Project Reporting Form Template
1. Project Sponsor:
2. Project Title:
3. Project Number:
4. Status:
5. Approval Date:
6. Project goals and objectives:
7. Parcel number(s):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a). Purchase price: b). Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O& M funds received since acquisition (list by year):
19. Existing and on-going activities and projects (for each O & M activity that
has occurred since October 1 of the previous year, please provide
supporting documentation):
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20. New events, activities, projects (for each O & M activity that has occurred
since October 1 of the previous year, please provide supporting
documentation):
21. Needs and challenges:
22. General progress towards project’s objectives:
Completed by:
Title:
Organization:
________________________________________________________________
Signature Date
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Appendix B
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STATE OF WASHINGTON
County of Jefferson
In the Matter of Establishing a Conservation }
Futures Program Application Period, Setting }
An Estimated Amount of Conservation }
Futures Funds Available and Approving }
Program Materials for Use in the 2011 } RESOLUTION NO. _______
Conservation Future Funding Cycle }
WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230
are an important means of retaining community character and accomplishing open space policies and
objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition of
key open space lands for long term protection, and;
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands, as defined in RCW 84.34.220, and;
WHEREAS, the Conservation Futures Citizen Oversight Board and program staff have
together developed and revised program materials in accordance with Jefferson County Code Section
3.08.030, and;
WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), an
application submission date shall be established no later than March 30, and;
WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1),
public notice shall be provided at least one month prior to the application submission date, and;
WHEREAS, Public Health has estimated the amount of Conservation Futures funds
available for new acquisition and operations and maintenance projects in 2011, and;
WHEREAS, Jefferson County Board of County Commissioners considers it in the best
public interest to establish the program application materials, period and available funding for the 2011
Conservation Futures funding cycle,
NOW, THEREFORE BE IT RESOLVED by the Jefferson County Board of
Commissioners as follows:
1. Jefferson County hereby approves of the draft 2011 Conservation Futures Program
Manual, Application, and Ranking Sheet.
2. The Conservation Futures application period will commence January 12, 2011 and the
application submission deadline will be March 1, 2011.
RESOLUTION NO. _________Establishing a Conservation Futures Program Application Period, Setting an Amount of
Conservation Futures Funds Available and Approving Program Materials for Use in the 2011 Conservation Futures
Funding Cycle
3. The total amount of Conservation Futures Funds available to the 2011 funding round is
estimated to be $75,000.
4. Of this amount, up to $31,000 is available to fund operations and maintenance projects.
APPROVED AND ADOPTED this ___ day of ______________, 2010 in Port Townsend,
Washington.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
ATTEST:
Phil Johnson, Member
Lorna Delaney, CMC
Clerk of the Board John Austin, Member