HomeMy WebLinkAbout031714_ca062�= �
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.CQ11N
ALTH
JEFFERSON COUNTY PUBLIC HE
615 Sheridan Street o Fort Townsend 0 Washington o 983,68
www.jeffersoncountypubBn chittaIth.org
February 10, 2014
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UAIMULUGIM4311
TO: Board of County Commissioners
Phillip Morley, County Administrator
OM: Jared Keefer, Environmental Health & Water Quality Manager
Tami Pokorny, Environmental Health Specialist II
DATE:
SUBJECT: Agenda Request: Conservation Futures Project Agreement
for the L. Brown Trust II Acquisition, Amendment #1;
June 25, 2012 —.June 25, 20'15; transfer-$4,333.45 from
reimbursable acquisition expenses to operation and
maintenance within existing budget
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, requests Board approval of the
Conservation Futures Project Agreement for the L. Brown Trust II Acquisition, Amendment #1;
June 25, 2012 — June 25, 2015; transfer-$4,333.45 from reimbursable acquisition expenses to
operation and maintenance within existing budget
ANALYSIS /STRATEGIC GOALS:
Jefferson Land Trust (JLT) requests to amend the Conservation Futures Project Agreement for
the L. Brown Trust II Acquisition project to allow residual acquisition funds to be used for
operations and maintenance activities.
by non-native species from adjacent roadways and to funnel any public access to the site via,
prescribed routes, The hedge was not part of the original CF application, Such activities are
considered allowable expenses in the 2012 Conservation Futures Program Manual. The purpose
of the L. Brown Trust II Acquisition project is to permanently protect fifteen acres of vacant land
spanning Snow Creek as part of a larger effort to provide habitat for ESA-listed Strait of Juan de
Fuca summer chum salmon.
This amendment chap qffs Section F of the aqreeme t from:
Acquisition . . ............. .... .
- - - ------ -T
Percentage
. . .......... . . .
- -
Dollar Amount
Conservation Futures — L. Brown Trust 11
18% .. .
.... ... $24,900
....... . . ...... .
Project Sponsor
82%
$126,100
Total Project Contribution Cost
100%
$151,000
Clperatinns and Maintenance ...................
Percentage
Dollar Amount
..........
Conservation Futures — L. Brown Trust 11
50% . ......
. $2,000
. . . ......... . _
Project Sponsor
50%
$2,000
. . . . . ...............
L Total Operations and Maintenance Cost
. ......... . .... -
1010% ..
...............
$4,000 . . ... .............
HOW Me
. .. . . . . . ............
Acquisition . ............... .
............... I
Percentage
.. ....... .
Dollar Amount
....... . ......
Conservation Futures — L. Brown Trust 11
.. . . .............
17%
$20,566.55
Project Sponsor
83%
$98,794.28
Total Project Contribution Cost-,
.... . ........ 100%
.... ....... $119,360"83
Operations and Maintenance
........... .. . . . ...
Percentage
Dollar Amount
. ....... . . -
Conservation Futures —1.J. Brown Trust 11
19✓
. ...... . . ...... .....
$6,333.45
. mow. .......... . _...
Project Sponsor
........... _
81%
......... ....... -
$27,305.72
Total Operations and Maintenance Cost
. . . ... ...... . . ...... .
............ 100%
$33,639� 17
FISCAL IMPAC—T:
,
No cost change. (-"-) `7 � C, .7
RECOMMENDATION:
JCPH management requests approval of the Conservation Futures Project Agreement for the L.
Brown Trust II Acquisition, Amendment #1; June 25, 2012 – June 25, 2015; transfer-$4,333.45
from reimbursable acquisition expenses to operation and maintenance within existing budget
REVIEWED BYM
f5kilip Morl�y rounty"Ad' iffi'strator
Date
JEFFERSON COUNTY CONSERVATION FUTURES PRO(;R.AM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: L. Brown Trust It
Project Number: 2012JL'I'LBr
Approval: Resolution No. 40-12 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 Townsen d, Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence
Street, Port Townsend, WA 98168, 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 L.
Brown Trust 11 project. Conservation Futures Fund ("CFF") from Jefferson County in an amount not
to exceed $24,900 will be used towards fee simple acquisition of the real property known in the
records of the Jefferson County Assessor as APN 902-362-003 and $2000 to reimburse for operations
and maintenance expenses incurred before June 25, 2021
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. Tile 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
'rhe total grant award provided by the Conservation Futures Fund (CFF) for tile Project shall not
exceed $26,900 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
$15 1,000. In no event will the CFF funds expended for this purchase exceed eighteen percent (18%)
of the overall acquisition cost of APN 902-362-003. "Phis 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.
'Tile contribution by the Sponsor toward work on the Project at a minimum shall be as indicated
below. Tile contribution by the County toward work oil the Project is described immediately above
and in "C" above.
L. Brown 'h-ust 11 - 2012.0L I'LlIr
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 Pr(Ject occur, then the Sponsor shall
notify the County.
11. 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 2012 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, 1-nust be signed by both parties. Period of performance extensions need only be signed
by Jefferson Board of County Commissioners.
1. Indemnification
Sponsor shall indermlify, 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 Sportsor,
I Insurance
'The Sponsor shall secure and maintain in force throughout the duration of this contract:
1. Worker's compensation and ernployer's liability insurance as required by the
State of Washington.
I Comprehensive general liability insurance with a rninirnurn 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
darnage liability converge for all owned and non owned vehicles assigned to or
used ill the performance of tile 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, 615 Sheridan St. Port
I " ownsend, WA 98368 prior to fee simple acquisition of APN 902-362-003.
L, Brown Trust 11 - 2012JI-I'Mr
K. Independent Contractor
I'he Contractor and the County agree that the Contractor is an independent contractor with
respect to the services provided pursuant to this agreement. Nothing in this agreement shall
be considered to create the relationship of employer and employee between the parties
hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded County employees by virtue of the services provided under this agreement. The
County shall not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Contractor, or any employee of
Contractor. The Contractor shall not sublet or assign any of the services covered by this
contract without the express written consent of the County or its authorized representative.
Assignment does not include printing or other customary reimbursable expenses that may be
provided in an agreernent.
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.
0. Licensing, Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, arid registration requirernent/standards necessary for the performance of this
contract.
1). Disputes
Except as otherwise provided in this contract, when a bona fide dispute arises between
Jefferson County arid 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. Flither party's request for a dispute hearing Must be in writing and clearly state-,
a. the disputed issue(s),
b, the relative positions ofthe 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, 6 15 Sheridan St., Port Townsend, WA 98368, within fifteen (1 S) days
after either party received notice of the disputed issue(s). Tile parties agree that this dispute
L Byownlhw 11 — 2012JLTL,Br
process shall precede any action in ajudicial or quasi-judicial tribunal. The pat-ties 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
I-he 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. Agreement Representatives
All written communications sent to the Sponsor Gander this Agreement will be addressed and delivered
to,
o for .Qontact Conservation Future,, Pr9jrLilL(,ont�Iet
...............
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 from the other of a written notice of any
change.
W, Entire Agreemeot/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 ofthis 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 L. Brown Trust It project shall be effective upon signing by all parties,
Y. Venue:
Venue for any litigation arising front 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.
4 L. Brown'fmst 11 2M2JLTIJ3r-
DATED this
day of A111 2013
By
John ustin, iair
9eFf on Bo, of County Commissioners
By 6cibc
Je 1. rson nd Trust 6:mL
Attested
Carolyn- Av, derk of'V-,-6 card
-----
A roved as to dorm:
A.,licf Civil D
L Brown'T'rust 11 -- 2012)1-,TLBr