Loading...
HomeMy WebLinkAbout121817_ca11615 Sheridan Street Port Townsend, WA 98368 Af4son www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt November 27, 2017 ,JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director Tami Pokorny, Environmental Health Specialist II DATE: 11 �- 1 1$) SUBJECT: Agenda Item — Project Agreement Conservation Futures Fund Grant Snow Creek Uncas Preserve Taylor; Jefferson Land Trust, Sponsor; June 19, 2017 — June 19, 2027; $66,895 STATEMENT OF ISSUE: Jefferson County Public Health Department requests Board approval of the Project Agreement between Jefferson County and Jefferson Land Trust for the project known as Snow Creek Uncas Preserve Taylor (June 19, 2017 — June 19, 2027) as described in Board of County Commissioners Resolution number 25-17. Funding comes from a grant from the Conservation Futures Fund in the amount of $13,434.00 and matching funds in the amount of $53,461.00 provided by the Project Sponsor, Jefferson Land Trust. Total cost of the project is $66,895.00. ANALYSIS STRATEGIC GOALS PRO'S and CON'S: This Project Agreement contracts Jefferson County to administer a Conservation Futures Fund grant received by Jefferson Land Trust for fee simple acquisition ($9,434) and operations and maintenance ($4,000) of the real property APN#902362004, Snow Creek Uncas Preserve Taylor, Resolution #25-17. The additional cost ($53,461) of the acquisition is met by Jefferson Land Trust through a Washington State Recreation and Conservation Office (RCO) Grant from the Salmon Recovery Funding Board. The Conservation Future Funds' expenditure is limited to $13,464 and may not exceed 20% of the overall acquisition cost of the property. Any additional expenditure beyond $66,895 is the responsibility of the Jefferson Land Trust. Jefferson Land Trust has been working since 1995 with Jefferson County, the City of Port Townsend, Washington Department of Natural Resources, and the U.S. Fish and Wildlife Service to acquire land lot by lot for preservation and restoration for various purposes including salmon and bird habitat. This acquisition supports that end. FISCAL IMPACT COST BENEFIT ANALYSIS: The Project Agreement is fully funded by the Jefferson County Conservation Futures Fund grant $13,434, and Jefferson Land Trust $53,461 through an RCO grant through the Salmon Recovery Funding Board. There is no impact on the General Fund. 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 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Pubfiie Hea RECOMMENDATION: JCPH management request approval of the Professional Agreement with Jefferson Land Trust for Conservation Futures Fund, Snow Creek Uncas Preserve Taylor; June 19, 2017 — June 19, 2027; $13,434.00 Conservation Futures Fund Grant and $53,461.00 Project Sponsor, Jefferson Land Trust, for a total project cost of $66,895.00 14 s7:3'E J�z 1�,�717 p Morle my Administ tar Date 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 JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT AGREEMENT Project Sponsor: Jefferson Land Trust Project Title: Snow Creek Uncas Preserve Taylor Approval: Resolution No. 25-17, June 19, 2017 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 Public Health Department on behalf of the project Sponsor. C. Description of Project The subject project is described in the attached 2017 Conservation Project Application for the Snow Creek Uncas Preserve Project. Jefferson County Conservation Futures Funds ("CFF") in an amount not to exceed $9,434.00 will be used towards the acquisition, by the Jefferson Land Trust, of the real property known in the records of the Jefferson County Assessor as APN# 902362004 for acquisition expenses, and $4,000 to reimburse for operations and maintenance expenses. The Statutory Warrantee Deed will include the following language: In order to permanently protect fragile ecosystems and to extend an existing wildlife habitat corridor known as the Snow Creek Uncas Preserve, 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 Jefferson County (the County) are received by the County in exchange. The foregoing covenant does not apply to the following: Trails; Planting of any vegetation or trees that are native to the Pacific Northwest; Removal of species that are not native to the Pacific Northwest; Removal of any dead, diseased, or dangerous trees that constitute a hazard to life or property. Project deliverables are described in the attached Scope of Work. 2017 Snow Creek Uncas Preserve Taylor D. Periods of Performance The Project reimbursement period for acquisition expenses shall begin on June 19, 2017 and end on June 19, 2020 unless proof of match is provided prior to this date. No expenditure made before June 19, 2017 is eligible for reimbursement unless incorporated by written amendment into this Agreement. Operations and maintenance costs must be incurred before June 19, 2027. Annual reporting is required every October beginning in 2017 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 $13,434 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 Project costs in excess of $13,434. In no event will the CFF funds expended for this purchase exceed twenty percent (20%) of the overall acquisition cost of the property. 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. Conservation Futures — Snow Creek Uncas Preserve Taylor Project Sponsor Contribution Totals Acquisition 1 O& M I Totals I% $9,434 $4,000 $13,434 120% $53,461 $0 $53,461 80% $62,895 $4,000 1 $66,895 100% 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 2017 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 2017 Snow Creek Uncas Preserve Taylor 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: 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. The County shall be named as an additional insured party under this policy. 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 2017 Snow Creek Uncas Preserve Taylor 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. 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. 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 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. 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 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. 4 2017 Snow Creek Uncas Preserve Taylor L. 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. 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 These requests must be mailed to the Project Manager, Jefferson County Environmental Public 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. 2017 Snow Creek Uncas Preserve Taylor V. Agreement Representatives All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Sponsor Contact Sarah Spaeth, Director of Conservation Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 Conservation Futures Progrann Contact Jefferson County Environmental Public 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 2017 Snow Creek Uncas Preserve Taylor 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. DATED this Uz day of Kathleen Kler, Chair Jefferson Board of County Commissioners By SCA - Sr-C . Jefferson Land T ust Attested: Carolyn Avery, Deputy Clerk of the Board Approved as to form: 0 - e. ( 41/� / -7/1 ?11.;i_ Philip Hunsucker, Chief Civil Deputy Prosecutor 2017. 2017 Snow Creek Uncas Preserve Taylor Scope of Work Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to implement the Snow Creek Uncas Preserve Taylor Project: Task 1: Acquire Matching Contribution The Sponsor will secure the necessary matching contribution of eighty percent (80%) of the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5). Deliverable la: Matching contribution(s) of no less than 80% of the total project cost. Task 2: Acquire Subject Properties Sponsor will acquire the subject property, APN# 902362004, by statutory warranty deed incorporating the Conservation Futures Program deed language in item "C" of this agreement. Deliverable 2a: Recorded Statutory Warranty Deed including the agreed -to conservation futures language. Task 3: Reporting Sponsor will monitor and report on the property as described in item "D" of this agreement and submit required reports to the Conservation Futures Citizen Oversight Committee (through staff) for APN# 902362004 in the format provided. Deliverable 4a: Completed Annual Reports. 2017 Snow Creek Uncas Preserve Taylor EXHIBIT A Draft Statutory Warranty Deed 2017 Snow Creek Uncas Preserve Taylor