HomeMy WebLinkAbout120715_ca05r 615 Sheridan Street
r Port Townsend, Aegb�ggnda
www.JeffersonCounfyPublicHealfh.org
Public Health, October 26, 2015
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health Director
Tami Pokorny, Environmental Health Specialist
DATE: 1a,/ ?�-/ �Q / S
SUBJECT: Agenda Item -///Conservation Futures Funds Quimper Wildlife Corridor
Addition, Jefferson Land Trust; June 22, 2015 - June 22, 2025; $29,576.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Conservation Futures Funds Quimper Wildlife
Corridor Addition, Jefferson Land Trust; June 22, 2015 - June 22, 2025, maintenance into perpetuity; $29,
576.00.
ANALYSIS ISTRATEGIC GOALS PRO'S and COWS:
This agreement, which uses Conservation Futures Funding not to exceed $12,626 for acquisitions and
$2000 to reimburse for operations and maintenance expensed, for a total not to be exceeded of $14,626
dollars, is for the purpose of securing a ribbon of green across the Quimper Peninsula, connecting a series
of wetlands, forests, and floodplains that provide habitat for over 200 bird species, amphibians, and
mammals. Conservation Futures approved the acquisition project (Res. 19-15) on June 22, 2015. At that
time the project sponsor, Jefferson Land Trust, listed parcel 951903404 as one of its match parcels; that
parcel was appralsed and its value was below the originally estimated vaiue. Therefore, parcel 4951903404
has been replaced as a match parcel with portions of parcel #951902009, Fowlers Park Block 20, lots 20,
21, and 22. This is donated property. The five parcels under consideration are in Sec. 33 T. 31N, R. 1W,
assessor numbers 951901105 (subject parcel) 951901102, 951901401, 951902102, and a portion of
951902009, specifically Fowler's Park Block 20, lots 20, 21, and 22 (match parcels).
FISCAL IMPACT COST BENEFIT ANA!.YSIS:
Funding for the Conservation Futures Fund Quimper Wildlife Corridor project is provided by Conservation
Futures Funds $12,626 for acquisitions and $2000 O&M (49.45%) which are matched by Jefferson Land
Trust, $12,650 for acquisitions and $2,300 0&M (50.55%). There is no impact to the Jefferson County
General Fund for this agreement.
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
-RECOMMENDATION:
JCPH Management recommends that the BOCC sign the acquisition project agreement, which has been
amended to remove parcel #951903404 and add portions of parcel #951902009, specifically Fowler's Park
Block 20, lots 20, 21, and 23, for Conservation Futures Fund Quimper Wildlife Corridor Jefferson Land Trust;
June 22, 2015 — June 22, 2025, Maintenance into perpetuity; $14,626.00
F�V�"f
NP_r ley, . , rata d'ini t .r._..... — Date
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JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: 2015 Quimper Wildlife Corridor (QWC) Addition
Approval: Resolution No. 19-15, June 22, 2015
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 terns and conditions by which a grants is made through the Jefferson
County Conservation futures Fund. The grant is administered by Jeffers011 Corrrmty Environmental
Health for the Sponsor for the project named above.
C. Description of Project
The subject project is described in the attached 2015 Conservation Project Application for the 2015
Quimper Wildlife Corridor (QWC) Addition Project. Conservation Futures Fund ("CFF") from
Jefferson County in an amount not to exceed $12,626 will be used towards fee simple acquisition, by
the City of Port Townsend, of the real property known in the records of the Jefferson County
Assessor as APN#s 951901105 (subject parcel), 951901102, 951901401, 951902102, and a portion of
951902009, specifically Fowler's Park Block 20, lots 20,21,22, (match parcels) for acquisition
expenses, and $2,000 to reimburse for operations and maintenance expenses.
D. Term of Agreement
I'lie Project Sporrsor"s on-going obligation for the above project funded by this Agreement is to
provide maintenance of the site or iircility 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 ex.pemes shall begin on June 22, 2015 The I"project
reimbursement period for acquisition expenses will end on June 22, 2025 unless proof of match is
provided prior to this date. No expciuliture made, before June 22, 2015 is eligible for reimbursement
unless incorporated by written amendment into this Agreement. Operations and maintenance
expenses must be incurred before June 22, 2025
F. Project Funding
Tile total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not
exceed $ 14,626 and Jefferson County CFT 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 in excess of
$29,576. In no event will the CFF funds exliended for this purchase exceed forty-nine l�)crcent (49%�)
of the overall acquisition cost of APN# 95 1901.105. The contribul;ion by (lie Sponsor toward worl< 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.
2015 Quimper Wildlife Corridor (QWC) Addition- 2015
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. 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 2015 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 p,,lrties. Period of periiarmance extensions need only be signed
by Jefferson Board of County Commissioners.
I. 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 fronl injury or death to persons„ including injuries,
sickness, disease or death to Sponsor's own cartploye�es, or damage to prolaerty 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
policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Sponsor, Worker's Compensation Insurance in all amount or anwUnts
lhat are not less than the required statutory minimurn(s) as established by the State of
Washington or the state or province where the Sponsor is located.
::orrrallerci al Atitornobile Liabili Insurance providing bodily injury and property
daanaage liability coverage l'or all ownod and non -owned vehicles assigned to or used in
the perl"ormance of the work . for a combined single limit of not less than $500,000 each
Occurrence with the County ntuned as an additional insured in connection with the
Sponsor's performance of the contract.
x ce in an amount not less than a single limit of one
million ldollaarsa(ra1, l ,000 per occurrence n � � �a aastaammaaa
($1,000,00 ) p and an aggregate of not less than two (2)
tames the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
2 2015 Quimper Wildlife Corridor (QWC) Addition- 2015
Acquisition
.......
—
Totals
_
Conservation Futures – 2015QWC
$12,626.._.........
$2,000
$14,626
49.45%
Addition
_
Proj Contribution
Project Sponsor Conn
$12 650 �i
_
$2 300
$14 950
50.55%
5
Totals
$25,276
4,300
$29,576
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. 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 2015 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 p,,lrties. Period of periiarmance extensions need only be signed
by Jefferson Board of County Commissioners.
I. 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 fronl injury or death to persons„ including injuries,
sickness, disease or death to Sponsor's own cartploye�es, or damage to prolaerty 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
policies of insurance as follows:
If and only if the Sponsor employs any person(s) in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Sponsor, Worker's Compensation Insurance in all amount or anwUnts
lhat are not less than the required statutory minimurn(s) as established by the State of
Washington or the state or province where the Sponsor is located.
::orrrallerci al Atitornobile Liabili Insurance providing bodily injury and property
daanaage liability coverage l'or all ownod and non -owned vehicles assigned to or used in
the perl"ormance of the work . for a combined single limit of not less than $500,000 each
Occurrence with the County ntuned as an additional insured in connection with the
Sponsor's performance of the contract.
x ce in an amount not less than a single limit of one
million ldollaarsa(ra1, l ,000 per occurrence n � � �a aastaammaaa
($1,000,00 ) p and an aggregate of not less than two (2)
tames the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
2 2015 Quimper Wildlife Corridor (QWC) Addition- 2015
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
l"rrilure of, (lie Sponsor to take out and,/or° naraintain any required insurance shall notrelieve
the Sponsor from any liability under theAgreement, nor shall the insurance requirements
be construed to conflict with or otherwise livait the obligations concerning
indemnification.
fl is agreed by the parties deal insurers shall have no rigl'rl orrecovery or subrogation
against the I_"ouraty (including its employces and other agent;, and agencies), rt being the
intention of the parties that the insurance policies soaffected shall protect berth parties
and be primary coverage for any and all losses covered by the above described insurance.
It is further agreed by tlae lasrrties that insurance companies issuing the policy or policies
Shall, have no recourse against lire. County (including its employees and other agents and
agencies) for payn-rent ofany premiums or for assessraaenls under,any friar of`policy It is
frrrt:her agreed by the parties that any and .all deductibles in the above described insurance
policies shall be assunaed by and be at thesole risk of the Sponsor.
It is agreed by the parties that judgments for which tlae County may be liable, in excess of
insured arnounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Sponsor must provide in order to comply with this Agreement.
2015 Quimper Wildlife Corridor (QWC) Addition- 2015
If the proof of insurance or certificate indicating tale County is an "additional insured" to
a policy obtained by the Sponsor refers to an endorseinent (by number or mane) but: Moes
not provide the full text of that endorsement, then it shall be the obligation of the Sponsor
to obtain the full text of that endorsement and forward that full text to the County.
The County inaiy, upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or conipensaation thatwould otherwise
be due to the Sponsor.
K. Independent Contractor
The Sponsor and the County agree that the Sponsor 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 Sponsor nor any employee of Sponsor 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 dulies of an employer with respect to Sponsor, or any employee of Sponsor.
The Sponsor shall not saiblet 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
agreement.
L. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
coianection kvith the services rendered tinder this agteeinent shall be the property of"the
Sponsor whether the project for which they are inade is executed or not. The County shall be
permitted too 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 naattirc expended in the perforinance of this contract. The
Sponsors records and acctitdnts pertaining, to this agreement are to be kept available for
inspection by ieprescntatives of"the County and state fora period of six (6) year:, after tlae
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
4 2015 Quimper Wildlife Corridor (QWC) Addition- 2015
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.
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. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to:
ConservaSarah Spaeth, Director of Conservation Jefferson ! ����lt.g� N'rc�g���r��_C;oMr���r�
_l or�sc�r ontact
p 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 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 2015 Quimper Wildlife Corridor (QWC) Addition Project shall be effective
upon signing by all parties.
2015 Quimper Wildlife Corridor (QWC) Addition- 2015
Y. 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.
DATED this
day of m .... 2015.
LOM
David Sullivan, Chair
Jefferson Board of County Commissioners
Jefferson Land Trust
Attested:
Carolyn Avery, Deputy Clerk of the Board
t°caved as to fry 1 : S-
David Alvarez Chief Civil 1. A
2015 Quimper Wildlife Corridor (QWC) Addition- 2015