HomeMy WebLinkAbout110716_ca03615 Sheridan Street
Port Townsend, WA 98368
�eehson www.JeffersonCountyPublicHealth.org
e� Consent Agenda
Public H
September 26, 2016
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist
DATE: 11 1-+IzDlcf
SUBJECT: Agenda Item — Conservation Futures Funds Quimper Wildlife Corridor
Addition, Jefferson Land Trust; April 1, 2016 — April 1, 2026; $30,814
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Conservation Futures Funds Quimper Wildlife
Corridor Addition, Jefferson Land Trust; April 1, 2016 — April 1, 2026; $30,814.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This agreement, which uses Conservation Futures Funding not to exceed $30,814, will be used towards
simple acquisition and protection in perpetuity, by the City of Port Townsend, of the real property known in
the records of the Jefferson County Assessor as APN#s 951900305, 951903405, 930900702, 930900703,
998002102, and 998002207 (subject parcels), 998002101, 951902004, 951902009, and 951902010 (match
parcels) for acquisition expenses, and $4,000 to reimburse for operations and maintenance expenses.
Conservation Futures approved the acquisition project (Res. 27-16) on July 11, 2016. Jefferson Land Trust
began incurring acquisition -related expenses in April of this year in order to help promote a successful
outcome for the project.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
$34,814 towards the fee simple acquisition, and operation and maintenance, of ten platted parcels
within the Quimper Wildlife Corridor totaling 2.5 acres of vacant land adjacent to trail corridors in
Cappy's Woods. The parcels were identified as high conservation priority in the QWC Management Plan
which was adopted by the City of Port Townsend in 2008. The proposed match is the combined value
of four donated parcels with an estimated total value of $17,914 as well as the donation of partial values
of three of the subject properties totaling $20,050. The operations and maintenance request is $4,000
of the total amount for annual monitoring and stewardship.
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
.'
Public Hea
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
RECOMMENDATION:
JCPH Management recommends that the BOCC sign the acquisition project agreement for Conservation
Futures Fund Quimper Wildlife Corridor Jefferson Land Trust; April 1, 2016 — April 1, 2026; $30,814.
.fir
Pew, "j • • •
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(t) 360-379-4487
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
Project Sponsor: Jefferson Land Trust
Project Title: 2016 Quimper Wildlife Corridor (QWC) Addition
Approval: Resolution No. 27-16, July 12, 2016
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 2016 Conservation Project Application for the 2016
Quimper Wildlife Corridor (QWC) Addition Project. Conservation Futures Fund ("CFF") from
Jefferson County in an amount not to exceed $30,814 will be used towards fee simple acquisition and
protection in perpetuity, by the City of Port Townsend, of the real property known in the records of
the Jefferson County Assessor as APN#s 951900305, 951903405, 930900702, 930900703,
998002102, and 998002207 (subject parcels), 998002101, 951902004, 951902009, and 951902010
(match parcels) for acquisition expenses, and $4,000 to reimburse for operations and maintenance
expenses. Project deliverables are described in the attached Scope of Work.
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on April 1, 2016 and end on
April 1, 2019 unless proof ol`anar ch is provided prior to this date. No expenditure made before April
1, 2016 is eligible for reimbursement unless incorporated by written amendment into this Agreement.
Operations and maintenance costs must be incurred before April 1, 2026.
Annual reporting is required every October beginning in 2016 until three years after the acquisition
funds are dispersed and in each year that operations and maintenance funds are expended.
E. Project Funding
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not
exceed `41311,,814 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 ProJet.�1in excess of
$72,778. In no event will the CFF funds expended for this purchase exceed forty-eight percent (48%)
of the overall acquisition cost of the subject parcels. 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.
..... .......... �_ �.._,...--
Acquisition
O & M
Totals
%
Conservation Futures — 2016 QWC
$30,814
......_
$4,000
$34,814
48%
Addition
--- - �
Project Sponsor Contribution
.�
$37,964
__—
$...0._ ...._ _
.... $,37,964
52%
_ �..... ..
.----
...a.... ...._.......... __. ....._. _..... Totals.....-...
$68,778
4 000
$72, 778
100%
2016 Quimper Wildlife Corridor (QWC) Addition
F. 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.
G. 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 2016 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.
H. 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.
I. 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 C onil,iensation Insurance in an amount or tiniotmts
than are not less than the require(;l statutory ininimum(s) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial rcial uto nobi,le iabilit�Insuran e providing bodily injury anal property
damage hability coverage 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 with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
(reneral C ongrie crab in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
times 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:
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;
2 2016 Quimper Wildlife Corridor (QWC) Addition
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. t the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retortion 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.
Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve
the Sponsor from any liability under the Agreement, nor shall the insurance requirements
be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance.
It is further agreed by lire parties that insurance companies rssuirrt the policy or policies
shall have no recourse: against tile, C"ouniy (including its employees and otllcr ,;igcnt.s and
agencies) for payment cal"arny premiums or for assessments under any loran of policy. It is
further agreed by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Sponsor until such tirne 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 panty liability claims provided to the County by a "Risk Pooll"
created pursuant to Ch. 48.62 RCC shall be non-contributory with respect to any policy
of insurance the Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by the Sponsor refers to an endorsement (by number or name) but does
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.
2016 Quimper Wildlife Corridor (QWC) Addition
The County may, upon the Sponsor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Sponsor.
J. 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 duties of -an employes with respect to Sponsor, or any employee of Sponsor.
The Sponsor simll 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
agreement.
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 ivadc.; 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.
L C,Omplianc.e 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.
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 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.
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.
O. 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
4 2016 Quimper Wildlife Corridor (QWC) Addition
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.
P. 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.
Q. 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.
R. 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
`J)onsor Contact C o���,ervation...F,.utu c s Pro "fill, Contact
Sarah Spaeth, Director of Conservation 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 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 2016 Quimper Wildlife Corridor (QWC) Addition Project 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. Each party to this agreement shall be responsible for their litigation costs,
including attorney's fees.
2016 Quimper Wildlife Corridor (QWC) Addition
2016.
DATED this - , day of _,, . . .. . .....
R -M
LOW
Kathleen Kier, Chair
Jefferson Board of County Commissioners
Jefferson Land Trust
Attested;
Erin Lundgren, Deputy Clerk of the Board
Approved as to form:
Z,()
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2016 Quirnper Wildlife Corridor (QWC) Addition
Scope of Work
Task 1: Acquire Match Properties
Jefferson Land Trust, as sponsor, will work with the City of Port Townsend to place the match
properties identified in the project application into City ownership and protect them in perpetuity with
the addition of County -approved conservation futures language included in all deeds:
APNs 998002101, 951902004, 951902009 and 951902010
Deliverable 1a: Draft deeds for each property to include language based on the following boilerplate:
Subject to the following deed restrictions:
In order to permanently protect fragile ecosystems and to extend an existing wildlife habitat
corridor known as the Quimper Wildlife Corridor, the Grantors and the Grantee herein covenant
and agree that the real property that is the subject of this Deed shall be maintained, retained and
conserved in perpetuity in its natural state by the Grantee, its successors and assigns. This
covenant is deemed to touch upon and run with the land in strict conformance with RCW
84.34.230. The land shall not be converted to a different use unless and only if other equivalent
lands within the City of Port Townsend (the City) are received by the City in exchange.
The foregoing restrictions do not apply to the following activities:
Trails;
Planting of any vegetation or trees that are native to the Northwest;
Removal of species that are not native to the Northwest;
Removal of any dead., diseased, dying, or dangerous trees that constitute a hazard to life or
property.
Deliverable 1b: Fully executed and recorded deeds
Task 2: Acquire Subject Properties
Jefferson Land Trust, as project sponsor, will work with the City of Port Townsend to place the
subject properties identified in the application in City ownership and protect them in perpetuity with
the inclusion of County -approved conservation futures language in all deeds:
APNs 951900305, 951903405, 930900702, 930900703, 998002102, and 998002207
Deliverable 2a: Draft deeds for each property to include restrictions based on the italicized language
above.
Deliverable 2b: Fully executed and recorded deeds
Task 3: Operations and Maintenance
Jefferson Land Trust will conduct annual site monitoring, local land use change monitoring, and
wildlife monitoring and will also conduct stewardship response to noxious weed pressure, trash
accumulation, inappropriate development of trails in sensitive habitats and other threats to
conservation values or as directed by the Quimper Wildlife Management Plan.
Deliverable 3a: Copies of JLT monitoring reports
Task 4: Reporting
Each October, Jefferson Land Trust will submit an annual report to the Conservation Futures Citizen
Oversight Committee (through staff) in the format provided.
Deliverable 4a: Annual report in 2016 and each year until three years after the acquisition funds are
dispersed and in each year that operations and maintenance funds are expended.
2016 Quimper Wildlife Corridor (QWC) Addition