HomeMy WebLinkAbout110413_ca05JEFFERSON COUNTY PUBMcHEALTIJ Consent Agenda
615 Sheridan Street o Port "rownsend o Washington o 98368
www,jeffeir,ionCOUIntypL bllic�iea�th, i,�I
October 7, 2013
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TO: Board of County Commissioners
Phillip Morley,, County Administrator
FROM: Jared Keefer, Environmental Health Director
Tami Pokorny, Environmental Health Specialist
SUBJECT: Agenda Item — Conservation Futures Project Agreement with Jefferson
Land Trust, Amendment #1, for w Chimacurn Creek
Acquisition; June 27, 2011 — June 27, 2014; budget re-allocation
STATEMENT QFJ"U':
Jefferson County Public Health, Environmental Health Department, requests Board approval of the
Conservation Futures Project Agreement with Jefferson Land Trust, Amendment #1, for the Carleson
Chimacum Creek Acquisition; budget re- allocation
ANALYSISMRATEGIC GQALA IPAIR O'S and QQN'S:
Jefferson Land Trust (JLT) requests to amend the Conservation Futures Project Agreement for the
Carleson Chimacum Creek Acquisition project to allow residual acquisition funds to be fused for
operations and maintenance activities.
This project was approved for funding in 2011 and closing took place in March 2012. The original
agreement provided up to $25,800 for acquisition expenses and up to $750 for operation and
maintenance related to the property (APN 001- 343 -042) based on an estimate of value. The appraised
value was lower, and the actual amount of conservation futures funds needed for acquisition totaled
$20,182.09. JLT is requesting that the remaining acquisition funds ($5,617.91) be made available to
match a grant from the Salmon Recovery Funding Board to support operations and maintenance
activities including a cultural resources survey, fencing, noxious weed removal, hazard tree removal,
trail installation, signage and native plant placement. Such activities are considered allowable expenses
in the 2011 Conservation Futures Program Manual.
COMMUNITY HEALII-1 E NIA RC)NM E N IFAL I I EALTH
DIEVE [ 0 PM EN T AL D[SAB 11. lfl ES PUBLIC HEALTH WAI ER QUAIUTY
MAK! (360) 385-9400 ALWAYS WORKING FOR A 1AFER Amo MAN, (360) 385-9444
FAX (360) ]185-9401 HEMMER COMMUN!"' FAXI (360) 379-4487
Consent Agenda
The purpose of the Carleson Chimacum Creek Acquisition project is to permanently protect five acres of
vacant land spanning Chimacum Creek as part of a much larger effort to provide habitat for summer
chum and coho salmon, steelhead and cutthroat in the lower mainstem of Chimacum Creek. The
property spans the streambed and contains channel migration zone, forested riparian buffer and
adjacent uplands. Other properties in the corridor are owned by WDFW, Jefferson County and KT.
FISgAL IMPACT MOST BENEFIT ANALYSIS:
There is no fiscal impact.
RECOMMENDAT1914-:
JCPH management request approval of the Conservation Futures Project Agreement with Jefferson Land
Trust, Amendment #1, for the Carleson, Chimacum Creek Acquisition; June 27, 201 — June 27, 2014; budget
re-allocation
V01-
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AMENDMENT NO. 1 T JEFFERSON COUNTY CONSERVATION FUTURES PROJECT
AGREEMENT FOR THE CARLESON CHIMACUM CREEK ACQUISITION
PURPOSE: To arnend the agreement between Jefferson County, hereinafter referred to as 'the County'
and Jefferson Land Trust, hereinafter referred to as 'Recipient.
11' IS MUTUALLY AGREED the agreement is amended to transfer $5,617.91 in reimbursable
acquisition expenses to operation and maintenance (originally funded at $750) as follows:
a Section C Description of Project is amended to read:
The subject Project is described in the attached 2011 Conservation Project Application for the Carlsson
Chimacum Creek Acquisition. Conservation Futures Fund ("CFF") from Jefferson County in an arnount
not to exceed $20,182.09 will be used towards fee simple acquisition of the real property known in the
records of the Jefferson County Assessor as APN 001- 343 -042 and $6,167.91 to reimburse for operations
and maintenance expenses incurred before Julie 27, 202 1.
0 Section F is amended to read-
....... .. ... .. .
Acquisition
. . .. .......... -.--
Percentage . . . ............ .
.. . . ...... . .
Dollar Amount
. . ..... ............
�C-o-nscrvatio .. n Futures - Carlsson Chimacurn
15%
$20,182.09
Creek Acquisition
Project Sponsor
85%
$114,365. 20
Total Project Contribution Cost
100%
. . .. . ...... ................
$134,547.29
Operations and Maintenance
-Chimacuni
Percentage
. . . . .. . . . ................ .
Dollar Amount
���'T-utures -'-Car'-1eson
50%
$6,367.91
Creek Acquisition
... . ........... ..
.. . Project Sponsor
50%
$6,367,91
............... . .. --
.. . .
Total Operations and Maintenance Cost
.. ............................... . .
100%
. ..........
$12,735.82
All other terms and conditions of the original agreement remain in full force and effect. The effective date
of this amendment is June 27, 2011.
IN WITNESS WHEREOF: the parties have signed this amendment.
.JEFFERSON COUNTY
John Austin, Chair Date
Jefferson Board of County Commissioners
JEFFERSON LAND TRUST
Sarah Spaeth Date
Jefferson Land Trust
(") 16, 1 KJ A �_
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: Carleson Chimacurn Creek Acquisition
Project Number: 2011 JILI'Car
Approval: Resolution No. 28 -11 on June 27, 2011
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 ,crust (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 Agreernent 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
floe subject Project is described in the attached 2011 Conservation Project Application for the
Carleson Chimacurn Creek Acquisition. Conservation Futures Fund ("CFF") from Jefferson County
in an amount not to exceed $25,800 will be used towards fee simple acquisition of the real property
known in the records of the Jefferson County Assessor as APP 001- 343 -042 and $750 to reimburse
for operations and maintenance expenses incurred before June 2 7, 202 1.
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
Tile Project reirribursernent period for acquisition expenses shall begin oil June 27, 201.1. 'T`hc Project
reimbursement period for acquisition expenses will end on June 27, 2014 unless proof of match is
provided prior to this date. No expenditure made before June 27, 2011 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 $26,550 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
$173,500. In no event will the CH funds expended for this purchase exceed fifteen percent (15%) of-
the overall acquisition cost of APP 001 - 343 -042. 'T'his Project is eligible for reimbursement of capital
project and operations and maintenance expenditures as described in the Jefferson County
Conservation Futures Program Manual for the 2011 Funding Cycle.
'rhe contribution by the Sponsor toward work oil 1he Project at a rnininium shall be as indicated
below,,rhe contribution by the County toward work oil the Project is described inninediately above
and in "C" above.
0 --
ti n
Acquisition
cq' s
Percentage
Dollar Amount
Futures — a e'on
Conservation Futures Carleson Chimacurn
rvation 'u
Conservation.
Co u C r' '
Creek Acquisition
Creek A
t;
15%
$25,800
Project Sponsor
Project. e�
;F
85%
$146,200
:Project 0 trib
Total Project Contribution Cost
J
100%
$172,000
t I cc
Operations and Maintenance
Percentage
Dollar Amount
Carleson Ch imac um
ry tio Futures C I
Conservation Futures ar eson
reek Acquisition
Creek ree
50%
$750
Project Sponsor
50%
$750
Total Operations and Maintenance Cost
l 10%
$1500
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. 12.ights 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 Futtires
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.
1. 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, inchiding 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.
J. 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.
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 fee simple acquisition of APN 001-343-042,
K. 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
infori-nation, reference and use in connection with tile Sponsor's endeavors.
L. 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 RC W 84.34.210, and published agency policies, which are
incorporated herein by this reference as if fully set forth.
M. 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 property 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.
N. 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.
0. Disputes I rises between
Fxcept as otherwise provided in this contract, when a bona tide dispute a
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 iSSLie(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 (l 5) 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.
P, Termination I-or funding
Jefferson County may unilaterally terminate this contract in the event funding frorn state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date
of this contract.
Q. Termination for (,onvenience
The County reserves the right to terminate this agreement at any time by giving terl ( 10) days
written notice to the Sponsor.
R. Assignment -est in this Agreement, and shall not transfer
TIle Sponsor shall not sublet or assign any intei
any interest in this agreement without the express written consent of the County.
S. 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,
T. 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.
U. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to: jSonsor Contact Conservation T utures Pro gram Contact
Sarah Spaeth, Executive Director Jefferson County Environmental
Jefferson Land Trust Health — Conservation Futures
1, 033 Lawrence St. 615 Sheridan Street
port Townsend, WA 98368 Port Townsend, WA '98368
These addresses, shall be effective until receipt by one party from the other of a written notice of any
change.
V. Entire Agreement/Severability
This agreement, along with all attachrrients, 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,,
W. Effective Date
"T "his agreement, for the Salmon Creek Riparian Acquisition shall be effective upon signing; by all
parties.
X. Venue:
Venue for any litigation arising from this Project Agreement shall be only in the Superior Court in
and for Jefferson County. Each party to this agreement shall be responsible for their litigation costs,
including attorney's fees.
t—q day of . . ....... 2011.
DAT ED this
By
1z
i; in, a
John Are,' Clear
lefferso Board of County Commissioners
By
Owen FairbanJ C
Jefferson Land Trust
Attested' .
7Y I
C
Al roved to for lip: ('1
IV
David Alvarez, Chief Civil DIV