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Home My WebLink About031014_ca02JEFFERSON COUNTY PUBLi�c HEALTH 615 Sheridan Street - Port Townsend - Washington - 918368 www.je:ffersoncountypuiblichealth.org February 3, 2014 JEFFERSON COUNTY TO: Board of County Commissioners Phillip Morley, County Administratoi FROM: Jared Keefer, Environmental Health Water Quality Director Tami Pokorny, Environmental Health Specialist 11 DATE: 2.C) q-, SUBJECT: Agenda Request: Conservation Futures Project Agreement with Jefferson Land Trust for the Boulton Farm Project; June 25, 2012 — June 25, 2015; $69,000 STATEMENT OF ISSUE: On June 25, 2012, the BoCC granted an award from the Conservation Futures Fund to the Boulton Farm Project (Resolution INo. 39-12), Jefferson County Public Health, Water Quality Division, requests approval of an agreement with the sponsor, the Jefferson Land Trust (ILT), to implement this project. A S/ STRATEGIC GOALS; Resolution 39-12 authorizes the use of up to $169,000 in conservation futures funds towards the acquisition of an agricultural conservation easement to protect agricultural productivity, prime and important soils, wildlife habitat, including habitat for Coho and other Salmonid species, and scenic open space on this historic farm. The easement will maintain the property in single ownership while designating three "building envelopes"' for residential and other uses. The acreage affected by the easement totals 141.26 rather than the 146 anticipated in the application. Match for the project will be provided by $2,07,000 from, the federal Farm and Ranch Land Protection Program (Grant #73-0546-12-004) and a donation, by the landowner, of a portion of the value of the easement. FISCAL IM PACE: The explicit purpose of the Conservation Futures Fund and Program is to contribute funding towards projects that support a system of public open spaces. There is no impact to the General Fund for this effort. COMNAUNI'ry HEALTH EINVIRONMEN i-AL HEALTH r �AIA MUBLIC HEAL'11H , Tr DEVELOPMENTAL DISABILITIES i� ER QLPV-rry MAK 360,385-94010 , VVN0�IG :0R k, SAT� hil) MAK 360385-4444 FAK 360385-9401 HEALTHIER COMMUNITY FAK 36G379-4487 In the project agreement, the project costs and percentages now reflect actual appraised values rather than estimates of value. The conservation futures contribution will represent 9% of the total project cost, rather than the 8% stated in the application. Total project cost has reduced from an estimated $919,000 to $769,000. The total match contribution has reduced from $815,000 to $700,000 while the requested amount of conservation futures funds remains the same ($69,000). RECOMMENDAnON.: JCPH Management requests the approval of the Project Agreement with Jefferson Land Trust for the Boulton Farm project to implement this project. REVIEWED BY; Philip Mkr �', county Admin�vator Date COMMUN]TY II KCAL TH PUBLIC HEALTH E VIRONMIEWAL. HI AL 11+1 DEVELOPMENTAL DISABII H'IES NATURAL RESOURCES MN N� 360-385-9400 ALWAYS 1,NORKAG FOR A SN�U�� AM) MAI N, 360-385-94,44 FAX 360 3,85-9401 HEALTHIER COMMUNITY FAK 360-385-9401 JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT AGREEMENT Project Sponsor: Jefferson Land Trust Project Title: Boulton Farm Project Number: 20I2JLTLBo Approval: Resolution No. 39-12 on June 25, 2012 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 2012 Conservation Project Application for the Boulton Farm project, Conservation Futures Fund ("CFF") from Jefferson County in an amount not to exceed $69,000 will be used towards the purchase of a agricultural conservation easement on 141,26 acres of real property known in the records of the Jefferson County Assessor as Parcel Numbers 802141002, 802141006, 802141005, 802144003, 802144009, 802231003, 802242001, and 802133003. The conservation easement will protect agricultural productivity, prime and important agricultural soils, wetland and riparian fish and wildlife habitat for Coho salmon and other Salmonid species and scenic open space. The easement Grantor is John G. Boulton in favor of Jefferson Land Trust and the United States of America acting by and through the United States Department of Agriculture, Natural Resources Conservation Service. The source of match funding is Federal Farm and Ranchland Grant #73-0546-12-004 and the donation of a portion of the value of the agricultural conservation easement. 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 25, 2012, The Project reimbursement period for acquisition expenses will end on June 25, 2015 unless proof of match is provided prior to this date, No expenditure made before June 25, 2012 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 $69,000 and Jefferson County CFF shall not pay any arnount beyond that approved herein for funding of the Project. The Sponsor shall be responsible for all total costs for the Project that exceeds $769,000. In no event will the CFF funds expended for this purchase exceed nine percent (9%) of the overall acquisition cost of the conservation easement. This 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 2012 Funding Cycle. Boulton Farm Project The contribution by the Sponsor toward work on the Project at u naioiozunn shall be as indicated below. The contribution by the County toward work oil 1he ProJcct is described immediately above G. Unexpended Project Allocations Should unexpected Project allocations, including, but not limited to project completion a1 less than tile estimated cost, or, alternatively, cthe abandonment of the Project ouom41bcm1be Sponsor sbu\\ notify the County. if. Rights and Obligations f\N ub and obligations ofthe parties tothis Agreement are subject to this Agreement and its attachments, prugrmm Manual for the 20l2 Funding Cycle, all of which are attached hereto and incorporated herein. Fxcoptus provided herein, oo alteration ofuoyoCthe terms nrmumdit[ooaof this Agreeoneo1 will be effective unless provided iu writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period uf'perOormonoe extensions need only besigned by Jefferson Board af County Commissioners. l. Indemnification Sponsor shall indernnifv, defend and hold harmless the County, its officers, agents and employees, frono and against any and all claims, losses or liability, ur any portion thereof, including attorneys tees and onots` arimimgftom injury or death Lo poramom^ including injuries, sickness, disease or death to Sponsors own employees, or damage to property occasioned by u negligent act, onuimnion or failure of the Sponsor. JL Iwenrooma 'rile Sponsor shall secure and maimcaioinforce throughout the duration of this contract: l. Worker's compensation and employer's liat)ility insurance as required by the State ufWashington. 2. Com ��o�x�a l�hil6yinsurance vv�bumfnhnuoo coverage u[ $],O88,0O0 per occurrence and $2,O8Q,80Oag(Tregutein connection with the Sponsor's performance of this A��nuont. 3� Commercial Automobile Liability Insurance providing bodily injury and property darnage liability converge for all owned and non owned vehicles assigned to or used In the porfbrmunoeofLbo work for acombined single )iniitnfnot less than $500,000 cooboocuneooe. 4. Sponsor shall provide all required proofs of insurance tuthe County in care of, Contracts Manager o1 Jefferson Coum1y Public Health, 6l5 Sheridan St. Pur J"ownsend, WA 98368 prior to fee simple acquisition of APN 902-362-003). K, independent Contractor The Contractor arid the County agree that the Conti-actor is ,in independent contractor with respect 1othe services provided pursuant 0uthis agreement. Nothing in this agreement shall be considered Lu create the relationship of employer and employee between the parties berxto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits muonzded County nnup[myoes by virtue of the services provided under this agreement, Tile County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing 10 the state industrial insurance progranu,otbnmviuu assuming the duties of an employer with respect to Contractor, or any employee of Contractor, Tile Contractor shall not sublet onassign any ofthe services covered by this contract without the express written consent ofthe County or its authorized representative. Assignment does not include printing or other uum1onnoryreinnburmobKe expenses that may be provided ivamuQrccmmeot. l�- ownership and lJsee[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 fbrwhiob1beyuzemuadnis exoomtedoroor. -[iloCouncyohullbc permitted to retain copies, including reproducible copies, of drawings and upmoifiomtieom for information, reference, and use in connection with the Sponsor's endeavors. M. Compliance n/1tb Applicable Statutes, Rules, and Jefferson County Policies ThisAgreomuunt is governed by, and the Sponsor shall comply with, all applicable state and federal laws arid regulations, Including KlCW04.34.2lD, and published agency policies, which are incorporated herein by this reference umif 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, arid all other evidence of accounting procedures and practices which mu0Doientiy arid properly reflect all direct and indirect cost mf any nature expended iothe performance oftbia contract. Tile Sponsor's records and accounts pertaining to this agreement are to be kept available For inspection byrcpremeutu1iveuo[theC000ty and state for a period of six (6) years after the date ofthe final payment to Sponsor. Copies shall be made available upon request, O. Licensing, Accreditation and Registration The 8poosor xbel1 ommp{y with all applicable \aoai, state arid f�dera| licensing, accreditation, permitting, and registration reguironoent/atundardm necessary for (lie performance oFthis cunicaoL P. Disputes Except am otherwise provided in this contract, when ubona fide dispute o«zuoobetween Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mncdiatocossigned by or associated With JuffCraon County District Court, Bi1her party's request for udispute hearing noum{bc in writing and clearly state: u, the dispoied issue(s), h, the relative Pomibonaof tile partieo"und C, tile Sponsor's name, address and Agency contact number These requestS Must be rnailed to the Project Manager, Jefferson County Environmental Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fi fteen (IS), days after either party received notice of the disputed iSSUC(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 diSPLAte 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. AssignRICUt 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. S. Non-Waiver. Waiver by the County of any provision ofthis agreement or any tirne lirnitation provided for in this agreement shall not constitute a waiver of any other provision, ,F. County Does Not Assuine Additional Duties 'rhe 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 COMMUn ications sent to the Sponsor under this Agreement will be addressed and delivered to: 5.pg_qlgqr es Pro rarer Contact _Qpplact Conservation Fut ' t ' i " r Pro Sarah Spaeth, Executive Director Jefferson County Environmental Jefferson Land Trust Health Conservation Futures 1033 Lawrence St. 615 Sheridan Street Port Townsend, WA 98368 Port Townsend, WA 98368 These addresses shall be effective until receipt by one party frorn the other of a written notice of any change. V. FlItire 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 oil' the parties. If any part ofthis Agreerac"t is ruled or adjudicated to be unlawful or void, all other sections of this Agreerne nt shall continue to have full force and effect.. W. 1',ffective Date This agreement, for the Boulton Farin pro.ject shall be effective upon signing by all parties. X. Venue' Venue for any litjkjzjtion au lsing from this project Agreement shall be only in the Superior Court In and for Jeffel-SO11 County. Each party to this agreement shall be responsible for their litigation costs, including attorney's fees. BoLflton Bann Project DATED day of ..... ..... .2014. 13Y . ........ John ALIStin, C'hair Jefferson Board of County Commissioners By Sarah Spaeth� Jefferson Land TrUSt Attested: Eri n I . undgren, Clerk of the Board Boulton Farm Project