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HomeMy WebLinkAbout072417_cabs01615 Sheridan Street #41 Port Townsend, WA 98368 www.JeffersonCountyPublicHealfh.org July 17, 2017 CABS JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Tami Pokorny, Environmental Health Specialist II DATE: SUBJECT: Agenda Request: Workshop to Discuss Possible Changes to the Snow Creek Watershed Acquisitions and Bishop Dairy Preservation Conservation Futures Projects STATEMENT OF ISSUE: Environmental Health requests the opportunity to discuss requests, from project sponsor Jefferson Land Trust, to make a change to each of two conservation futures projects, the Snow Creek Watershed Acquisitions (2014) and the Bishop Dairy Preservation (2015) projects. No actions are requested at this time. ANALYSIS/STRATEGIC GOALS: Jefferson Land Trust (JLT) requests to: 1. To amend the agreement for the Snow Creek Watershed Acquisitions project to replace the 27 - acre parcel (APN 802111001 — former Jenks) parcel with a 22.3 -acre parcel (APN 802021005 - Barry) in the project description. The former Jenks property is no longer available for purchase, but the Barry property would serve many of the same ecological functions and is located between two existing Snow Creek nature preserves. The Recreation and Conservation Office SRFB will provide the matching funds to acquire the Barry parcel fee -simple. Extend the timeframe for the Bishop Dairy Preservation project by one additional year from the award of funds, until June 22, 2018, in order to utilize a new source of match and to complete the drafting and implementation of the anticipated conservation easement. The purpose of the CF Program is to address the "general and increasing need to provide a system of public open spaces ... for the health, welfare, benefit and safety of the residents of Jefferson County," and to maintain "Jefferson County as a desirable place to live, visit and locate businesses." Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 FISCAL IMPACT: There is no impact to the General Fund for this effort. Neither request involves a cost change. RECOMMENDATION• 1) Allow Environmental Health and Jefferson Land Trust to present the proposed changes. 2) Discuss and ask questions. REVIEWED BY: XIp'MorIeyy,C4,�urfiNministrator CP Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) 7 /K Date Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 AMENDMENT NO. 1 TO PROJECT AGREEMENT FOR THE SNOW CREEK WATERSHED ACQUISITIONS Between JEFFERSON COUNTY and JEFFERSON LAND TRUST Snow Creek Watershed Acquisitions Project PURPOSE: To amend the July 20, 2015 Conservation Futures Program Project Agreement for the Snow Creek Watershed Acquisitions Project between Jefferson County, hereinafter referred to as `the County' and the Jefferson Land Trust, hereinafter referred to as `Contractor'. IT IS MUTUALLY AGREED to remove the acquisition of APN 802111001 from the project description and to add the fee simple acquisition of APN 802021005. All other terms and conditions of the original Agreement remain in full force and effect. The effective date of this amendment is January 1, 2017, and all work performed consistent with the Agreement prior to the execution of this Amendment No. I is hereby ratified. IN WITNESS WHEREOF: the parties have signed this amendment. JEFFERSON COUNTY Kathleen Kier, Chair Date Jefferson Board of County Commissioners 0 ATTEST: Carolyn Avery Date Deputy Clerk of the Board Approved as to form: Philip Hunsucker, Deputy Prosecuting Attorney Date Jefferson Land Trust Date JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT AGREEMENT Project Sponsor: Jefferson Land Trust Project Title: Snow Creek Watershed Acquisitions Approval: Resolution No. 29-14, July 7, 2014 and Resolution No. 05-15, January 12, 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 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 2014 Conservation Project Application for the Snow Creek Watershed Acquisitions Project. Conservation Futures Fund ("CFF") from Jefferson County in an amount not to exceed $83,824 will be used towards fee simple acquisition, by Jefferson Land Trust, of the real property known in the records of the Jefferson County Assessor as APN#s 802024001, 995400040, 995400035, 995400025, 995400049, 995400058, 995400057, 995400059, 995400028, 995400037, 995400042, 995400054, 995400056, 995400113, 995400114, and 802111001 for acquisition expenses. The match is grant (RCO# 13-1198) from the Recreation and Conservation Office Salmon Recovery Funding Board and a landowner donation of property value. 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 July 7, 2014. The Project reimbursement period for acquisition expenses will end on January 12, 2018 unless proof of match is provided prior to this date. No expenditure made before July 7, 2014 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 $83,824 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 in excess of $524,678. In no event will the CFF funds expended for this purchase exceed sixteen percent (16%) of the overall acquisition cost of APN#s 802024001, 995400040, 995400035, 995400025, 995400049, 995400058, 995400057, 995400059, 995400028, 995400037, 995400042, 995400054, 995400056, 995400113, 995400114, and 802111001. 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. Snow Creek Watersheds Acquisition - 2014 Acquisition Percentage Dollar Amount 1 Conservation Futures — Snow Creek Watershed 16% $83,824 Acquisitions Project Sponsor 84% $440,854 Total Project Cost 100% $524,678 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 2014 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. 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 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. 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 an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Sponsor is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability 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. General Commercial Liability Insurance 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: Snow Creek Watersheds Acquisition - 2014 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. 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 the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form 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 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. Snow Creek Watersheds Acquisition - 2014 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. 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. 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 duties of an employer with respect to Sponsor, or any employee of Sponsor. The Sponsor 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 agreement. 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. 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 Snow Creek Watersheds Acquisition - 2014 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: Sponsor Contact Sarah Spaeth, Executive Director Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 Conservation Futures Program Contact Jefferson County Environmental Health — Conservation Futures 615 Sheridan Street 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 Snow Creek Watershed Acquisitions Project shall be effective upon signing by all parties. Snow Creek Watersheds Acquisition - 2014 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 Juta 2015. By David Sullivan, Ch it Jefferson Board of County Commissioners By Jefferson Land Tr st Attested: Carolyn Av , Deputy Cler )fthe Board A roved as to form: ~ Ia,�t-m1D David Alvarez, Chief Civil DP 6 Snow Creek Watersheds Acquisition - 2014 Snow Creek Project Area Locator Map L MWO rl i Barry - Snow Creek Wetlands Jefferson Land Trust Nature Preserve Privately Owned Conservation Area Original potential acquisition (Jenks) Publicly protected Wetlands Miles For informational purposes only. All data represented are from varying sources and approximate. Map created in July, 2017 STATE OF WASHINGTON County of Jefferson Supplementing Resolution No. 20-15 to Extend } the Time Period to Complete the Bishop Dairy } Preservation project by One Year as Authorized by, } RESOLUTION NO. and in Accordance with, Jefferson County Code } Section 3.08.030(7) to Provide a System of Public } Open Spaces } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230 are an important means of retaining community character and accomplishing the open space policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition of key open space lands for long-term protection; and WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and WHEREAS, the Conservation Futures Citizen Oversight Committee reviewed project applications for 2015 and made its funding recommendations to the Board of County Commissioners in accordance with Jefferson County Code Chapter 3.08; and WHEREAS, under the provisions of the Jefferson County Conservation Futures Program, the Jefferson Land Trust, as project sponsor, requested funding towards the acquisition of a conservation easement on eights parcels of agricultural land in Sec. 1 T. 28N, R. 1W with Assessor's Parcel Numbers 801011001, 801011002, 801011003, 801012001, 801012022, 801014001, and 821062004; and WHEREAS, the County retains enough developable land to accommodate the Bishop Dairy Preservation project as well as the housing and employment growth that it is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and WHEREAS, Jefferson County considers it in the best public interest to contribute financially to this open space project; and WHEREAS, on June 22, 2015, the Board of Commissioners approved the use of up to $56,225 for this project in Resolution No. 20-15; and WHEREAS, this dedication of funding may be nullified if a submittal for reimbursement, accompanied by documentation of matching funds sufficient to complete the acquisition, is not received from the sponsor within three years from the signing of Resolution No. 20- 15; and Resolution No. re: Supplementing Resolution No. 20-15 to Extend Timeframe for the Bishop Dairy Preservation Project by One Year. WHEREAS, the project sponsor has now secured matching funds from the Washington State Conservation Commission Office of Farmland Preservation for $481,225 (RCO 414-1359A) and $450,000 from the Natural Resource Conservation Service Agricultural Conservation Easement Program (NRCS ACEP) under the Agricultural Land Easements (ALE) component (Grant # 68-0546- 17-013) and has requested an additional year to complete the acquisition. NOW, THEREFORE BE IT RESOLVED that: Jefferson County extends the time period for completion of this project to June 22, 2018. APPROVED AND ADOPTED this day of , 2017 in Port Townsend, Washington. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS ATTEST: Kathleen Kler, Chair Kate Dean, Member Carolyn Avery Deputy Clerk of the Board David Sullivan, Member .. ,,�^+„r fir'. ��- r'� � ° _ a� � .. � ` `- �•� R 'r� � .;T' a ��y, '� .t J'*Afl, r ' - YY�� '.` " P.y,di�iC . } r �} I - r��• ;=''ic fs`y�,w.'j"h '" �:! �: �' �� � q." ,y# .i fJ -„ !�,/ •ms's.. �r f r ��,�� " �+{ f�^,�}.P 1�.. ,yam., j,.r y�, ,4 �d°",�°i•. Md� .,r' •s � � �r s' �y••1, �"% i M�I�• t'�fiF.f r� ,•,d. 1.Ad .It ...", Y it �f. r� , �t�� r� '" a ,e,.'�Y."A,+ .:''"':�... ;'.." 'y r y . �%+ - • " ; �. f,.,.: ^ , ' "• `.` • +..- ,^ +.,y" . ..;' , +�` r ,Yf i Y iy 7�r . n X q":d r £ � ,� �{� .. �. .r� y +.4iis�R� Y✓+il �'M+ � f%r�i,.., � � Mi ry-j 1 rp R P" -`iL"h +i'+, r �.� �rM 9+• �.i� .�..i�� " cif l `r'I d , 1 fr n �„ � ' f r "' y.:. �+ �,.r,r� J Y•. �p= � ,� r,�� �,. � � r "'! 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J ,d; • .. _ ., �, . ... � ,..�' tom, � h� } r C,c-rktl,H G_aa (5 STATE OF WASHINGTON County of Jefferson Dedication of Conservation Futures Funds to the } Bishop Dairy Preservation project as Authorized } by and in Accordance with Jefferson County Code } RESOLUTION NO. 20-I5 Section 3.08.030(7) to Provide a System of Public } Open Spaces } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230 are an important means of retaining community character and accomplishing the open space policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated acquisition of key open space lands for long-term protection; and WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed project applications for 2015 and made its funding recommendations to the Board of County Commissioners in accordance with Jefferson County Code Chapter 3.08; and WHEREAS, under the provisions of the Jefferson County Conservation Futures Program, the Jefferson Land Trust, as project sponsor, requests funding towards the acquisition of a conservation easement on eights parcels of agricultural land in Sec. 1 T. 28N, R. 1W with Assessor's Parcel Numbers 801011001, 801011002, 801011003, 801012001, 801012022, 801014001, and 821062004;and WHEREAS, the County retains enough developable land to accommodate the Bishop Dairy Preservation project as well as the housing and employment growth that it is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and WHEREAS, Jefferson County considers it in the best public interest to contribute financially to this open space project. NOW, THEREFORE BE IT RESOLVED that: Jefferson County hereby dedicates up to $56,225 in conservation futures funds in the 2015 funding cycle for acquisition expenses contingent on a matching contribution of ninety-four percent (94%) of the total project cost. Resolution No. 20-15 re: Dedication of Conservation Futures Funds to the Bishop Dairy Preservation project 2. This dedication of funding may be nullified if a submittal for reimbursement, accompanied by documentation of matching funds sufficient to complete the acquisition, is not received from the sponsor within three years of the signing of this resolution. APPROVED Alf 901VED this � ay of , 2015 in Port Townsend, Washington. SEAT,,: �i •�� .� JEFFERSON COUNTY BOARD CO MI IONERS R -�: " Davi Sulli an, Char ATTEST: Phil Johnson, Member Carolyn A ry Deputy Clerk of the Board Kathleen Kler, Member asExisting Conservation Easement Building Envelopes i i i Proposed fencing Access Easement Bishop Dairy Boundary and Development Map Total Acreage: 264.06 acres r 0 375 750 1,500 Feet 2013 Aerial Image (NAI P) For informational purposes only. All data represented are from varying sources and approximate. N Map created in Feb, 2015 d -