HomeMy WebLinkAbout020711_ca13
. ON . Consent Agenda
1€1~?()~ JEFFERSON COUNTY PUBLIC HEALTH
.Ii;,~~'" 615 Sheridan Street. Port Townsend. Washington. 98368
1111'0 . www.Jeffersoncountypubllchealth.org
January 10, 2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM:
Stuart Whitford, environmental Health Director
Taml Pokorny, Environmental Health Specialist
'F€'.&2-l~A)e..:'1 -, J ao, I
/'
DATE:
SUBJECT: Agenda Item - Conservation Futures Project Agreements for Salmon
Creek Riparian Acquisition; June 14, 2010 - June 14, 2013; $63,339
STATEMENT OF ISSUE:
On June 14, 2010, the BOCC awarded conservation futures funds to the Salmon Creek Riparian Acquisition.
Jefferson County Public Health, Water Quality DMslon, requests Board approval of the Conservation Futures
Project Agreement for Salmon Creek Riparian Acquisition, with Jefferson Land Trust as sponsor, to
Implement these projects; June 14, 2010 - June 14, 2013; $63,339
ANALYSIS/STRA1:.EGIC GOALS/PRO'S and CON'S:
A total of $63,339 was awarded to support open space projects In Jefferson County. Resolution 19-10
authorizes the use of up to $63,339 in conservation futures funding towards the Implementation of the
Salmon Creek Riparian Acquisition for the permanent protection of 160 acres of vacant land off of West
Uncas Road near the head of Discovery Bay. The Conservation Futures Program requires a 50% match.
Project agreements are being required of conservation futures sponsors this year for the first time
consistent with the Conservation Futures Program Manual for the 2010 Funding Cycle.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The explicit purpose of the Conservation Futures Program is to fund acquisition projects to support a
system of public open spaces. There is no Impact to the General Fund.
COMMUNITY HEALTH
DEVELOPMENTAL DISABilITIES
MAIN: (360) 386-9400
FAX: (360) 386-9401
PUBLIC HEALTH
Al.WJlYS WaMING Fa!! 1I SlifE!! llIlD
HEALTHIER COMMUNITY
ENVIRONMENTAL HEALTH
WATER QUALITY
MAIN: (360) 386-9444
FAX: (360) 379-4487
Consent Agenda
RECOMMENDATION:
JCPH management request approval of the Conservation Futures Project Agreements for Salmon Creek
Riparian AcquIsition; June 14, 2010 - June 14, 2013; $63,339
REVIEWED BY:
/~
)
~,~/
Date
(Routed to all Public Health Managers)
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Salmon Creek Riparian Acquisition
Project Number: 2010JLTSa1
Approval: Resolution No. 19-10 on June 14, 2010
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 Jefferson Land Trust (Sponsor), 1033
Lawrence Street, Port Townsend, WA 98368, 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 2010 Conservation Project Application for the Salmon
Creek Riparian Acquisition Project. Conservation Futures Fund ("CFF") from Jefferson County in an
amount not to exceed $63,339.00 will be used towards the capital costs of acquiring either fee simple
title or a conservation easement with respect to real property known in the records of the Jefferson
County Assessor as APN 902-272-000. Ownership of the property or easement will be in accordance
with JCC 3.08.030(10).
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 June 14, 2010. The Project
reimbursement period for acquisition expenses will end on June 14, 2013 unless proof of match is
provided prior to this date. No expenditure made before June l4, 2010 is eligible for reimbursement
unless incorporated. by written amendment into this Agreement.
F. Project Funding
The total grant award provided by the Conservation. Futures Fund (CFF) for the Project shall not
exceed $63,339.00 and Jefferson County CFF shall not pay any amount beyond that approved herein
for funding of the Project. The Sponsor shall be responsible for all total costs for the Project that
exceed $422,265.00. In no event will the CFF funds expended for this purchase exceed fifteen percent
(15%) of the overall acquisition cost of whatever interest in APN 902-272-000 is acquired. This
Project is eligible for reimbursement of capital project expenditures as described in the Jefferson
County Conservation Futures Program Manual for the 2010 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
and in "C" above.
Salmon Creek Riparian Acquisition
Acquisition Percentage Dollar Amount
Conservation Futures -Salmon Creek Riparian
Acquisition 15% $63,339
Project Sponsor 85% $358,926
Total Project Contribution Cost 100% $422,265
Operations and Maintenance Percentage Dollar Amount _
Conservation Futures -Salmon Creek Riparian
Acquisition 50% $0
Project Sponsor 50% $0
Total Operations and Maintenance Cost 100% $0
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 shal I
notify the County.
H. Transfer or Conveyance of Title or Ownership
Projects carried out in whole or in 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 2010 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.
Salmon Creek Riparian Acquisition
2. Comprehensive general liability insurance with a minimum coverage of
$],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
Sponsor whether the project for which they are made is executed or not. The County shall be
permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference and use in connection with the 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:
a. the disputed issue(s),
b. the relative positions of the parties, and
c. 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 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.
Salmon Creek Riparian Acquisition 3
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. Non-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.
U. 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.
V. Project Grant Agreement Representative
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to:
Project Contact
Sarah Spaeth, Executive Director
Jefferson Land Trust
1033 Lawrence St.
Port Townsend, WA 98368
Conservation Futures Pro ram
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.
W. 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.
X. Effective Date
This agreement, for the Salmon Creek Riparian Acquisition shall be effective upon signing by all
parties.
Y. Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior Court In
and For Jefferson County.
Salmon Creek Riparian Acquisition