HomeMy WebLinkAbout090820_ca097V
Mon
A
Public Heal
TO:
FROM:
DATE:
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
August 24, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
September 8, 2020
SUBJECT: Agenda Item — Upper Tarboo Wetlands Acquisition and Restoration Project;
Upon Signature — July 13, 2023; $110,000
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the Upper Tarboo Wetlands Restoration Project;
Upon Signature — July 13, 2023; $110,000.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
This project was originally presented to the Conservation Futures Committee on April 7, 2020.
Committee members reviewed a site visit video, scored and ranked the project and voted on April 28,
2020 to recommend it for funding by the Jefferson County Board of Commissioners (BoCC). Funding
recommendations were presented to the BoCC on June 8, 2020. The BoCC held a public hearing and voted
to award funding to the Upper Tarboo project on July 13, 2020. Northwest Watershed Institute, as the
project's sponsor "Sponsor", will perform the following tasks in order to implement the Upper Tarboo
Wetlands Acquisition and Restoration Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than 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 Fee Simple
Sponsor will acquire the subject properties, APN#s 801171004, 801174001, and 801174009, and include the
Conservation Futures deed language in item "C" of this agreement in the Statutory Warranty Deeds.
Deliverable 2a: Estimated settlement statements (HUD-1), recorded Statutory Warranty Deeds.
Task 3: Perform Operations and Maintenance
Sponsor will provide an update to the Upper Tarboo Creek Wetlands Preserve (stewardship) plan to include
the project parcels, APN#s 801171004, 801174001, and 801174009.
Deliverable 3a: Electronic copy of updated plan.
Community Health Fnvironmentai Public Health
Developmental Disabilifies 360 385-9444
360-385-9400 f) 360-379 4487
360-385-9401 ffl Always working for a safer and healthier community
Task 4: Reporting
Sponsor will monitor and report on the properties as described in item "D" of this agreement and submit
required reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format
provided for each year.
Deliverable 4a: Completed annual reports.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not exceed
$110,000 and Jefferson County CFF shall not pay any amount beyond that approved herein for funding of
the Project. The Sponsor shall be responsible for no less than eighty percent (80%) of the total Project
cost and all Project costs in excess of $110,000.
RECOMMENDATION:
JCPH Management recommends BOCC signature for the Upper Tarboo Wetlands Acquisition and
Restoration Project;
Upon Signature — July 13, 2023; $110,000.
REVIEWED BY:
Mark McCau Acting County Admi I rator Date
Community Heait!-, Environmental Public Health
Developmental Di,abilities 360-385-9444
360-385 9400 fl 360-379 4487
360-385-9401 f1fl, Always working for a safer and healthier community
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Northwest Watershed Institute
Project Title: Upper Tarboo Wetlands Acquisition and Restoration
Contract Number: EH-20-199
Approval: Resolution No. 46-20
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 Northwest Watershed Institute (Sponsor), 33407
Eddy 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 Scope of Work (Exhibit A), Resolution No. 46-20 (Exhibit
B), and the Conservation project application for the Upper Tarboo Wetlands Acquisition and
Restoration Project (Exhibit Q. Jefferson County Conservation Futures Funds ("CFF") in an amount
not to exceed $110,000 will be used towards the fee simple acquisition by Northwest Watershed
Institute of three parcels known in the records of the Jefferson County Assessor as Assessor's Parcel
Numbers 801171004, 801174001, and 801174009. Purchase of the properties will protect a segment
of Tarboo Creek and the associated forest, wetlands, and ecosystem services. The following language
will be included in the Statutory Warranty Deeds\ to protect the County's interests and conservation
values as presented in the application for Conservation Futures funding:
In order to permanently protect fragile ecosystems and to extend an existing wildlife
habitat corridor known as the Upper Tarboo Creek 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 was acquired in part with
Jefferson County Conservation Futures funds and shall not 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;
Large woody debris treatment and jloodplain reconnection;
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.
Restoration activities to enhance and improve Tarboo Creek salmon and wetland habitat
Upper Tarboo Creek Wetlands Acq & Res Project
D. Periods of Performance
The Project reimbursement period for acquisition expenses shall begin on July 13, 2020 and end on
July 13, 2023 unless proof of match is provided prior to this date. No expenditure made before April
1, 2020 is eligible for reimbursement unless incorporated by written amendment into this Agreement.
Annual reporting is required every December beginning in 2020 until three years after the acquisition
funds are dispersed.
E. Project Funding
The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not
exceed $110,000 and Jefferson County CFF shall not pay any amount beyond that approved herein
for funding of the Project. The Sponsor shall be responsible for no less than eighty percent (80%) of
the total Project cost and all Project costs in excess of $110,000. The contribution by the Sponsor
toward work on the Project 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
% Match
Conservation Futures —
Upper Tarboo Creek Wetland
Acquisition and
$110,000
$0
$110,000
20%
Conservation
Project Sponsor Contribution
$440,000
$0
$440,000
80%
Totals
$550,000
$0
$550,000
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 revised application and Jefferson County Conservation Futures
Program Manual for the 2020 Funding Cycle (Exhibit D).
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
Contractor shall indemnify and hold harmless the County, its officers, and employees, from
and against all claims, losses or liability, or any portion thereof, including reasonable
attorney's fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Contractor's own employees, or damage to property occasioned by a
negligent act, omission or failure of the Contractor. Contractor shall be liable only to the
extent of Contractor's proportional negligence. The Contractor specifically assumes potential
liability for actions brought against the County by Contractor's employees, including all other
persons engaged in the performance of any work or service required of the Contractor under
this Agreement and, solely for the purpose of this indemnification and defense, the Contractor
Upper Tarboo Creek Wetlands Acq & Res Project
specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W.
The Contractor recognizes that this waiver was specifically entered into pursuant to
provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
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 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
Upper Tarboo Creek Wetlands Acq & Res Project
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.
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
4 Upper Tarboo Creek Wetlands Acq & Res Project
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.
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 ten (10) 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 parry'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 Tami Pokorny, 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.
Upper Tarboo Creek Wetlands Acq & Res Project
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.
S. 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.
T. 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.
U. Agreement Representatives
All written communications sent to the Sponsor under this Agreement will be addressed and delivered
to:
Sponsor Contact
Peter Bahls, Executive Director
Northwest Watershed Institute
33407 Eddy St.
Port Townsend, WA 98368
Ph: 360-385-6786
Email: peter@nww4,tershed.org
nwwatershed.org
Conservation Futures Program Contact
Tami Pokorny, NR Program Coord.
Jefferson County Environmental
Public Health — Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360-379-4498
Email: tpokorny@co.jefferson.wa.us
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
V. 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.
W. Effective Date
This agreement, for the Upper Tarboo Creek Wetlands Acquisition and Restoration Project
shall be effective upon signing by all parties. Work performed consistent with this
Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified.
X. 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
2020.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
6 Upper Tarboo Creek Wetlands Acq & Res Project
SIGNATURE PAGE
Name of Contractor
Contractor Representative (Please print)
(Signature)
Title
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg Brotherton, Chair
Kate Dean, Member
David Sullivan, Member
ATTEST:
Carolyn Gallaway, Deputy Clerk of the
Board
,sAPPR?VJVS TO FO LY.
By: �O �O
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Upper Tarboo Creek Wetlands Acq & Res Project
EXHIBIT A
Scope of Work
Northwest Watershed Institute, as project sponsor "Sponsor", will perform the following tasks in
order to implement the Upper Tarboo Creek Acquisition and Restoration Project:
Task 1: Acquire Matching Contribution
Sponsor will secure the necessary matching contribution of no less than 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 Fee Simple
Sponsor will acquire the subject properties, APN#s 801171004, 801174001, and 801174009, and
include the Conservation Futures deed language in item "C" of this agreement in the Statutory
Warranty Deeds.
Deliverable 2a: Estimated settlement statements (HUD-1), recorded Statutory Warranty Deeds.
Task 3: Perform Operations and Maintenance
Sponsor will provide an update to the Upper Tarboo Creek Wetlands Preserve (stewardship) plan to
include the project parcels, APN#s 801171004, 801174001, and 801174009.
Deliverable 3a: Electronic copy of updated plan.
Task 4: Reporting
Sponsor will monitor and report on the properties as described in item "D" of this agreement and
submit required reports to the Conservation Futures Citizen Oversight Committee (through staff) in
the format provided for each year.
Deliverable 4a: Completed annual reports.
Upper Tarboo Creek Wetlands Acq & Res Project
EXHIBIT B
Resolution No. 46-20
Upper Tarboo Creek Wetlands Acq & Res Project
1
STATE OF WASHINGTON
County of Jefferson
Dedication -of Conservation Futures Funds to the
Upper Tarboo Wetlands Acquisition and
Restoration project as Authorized by and in
Accordance with Jefferson County Code Section
3.08.030(7) to Provide a System of Public Open
Spaces }
RESOLUTION NO. 46 20
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,. agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2020 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, Northwest Watershed Institute, as project sponsor, requests funding towards the fee
acquisition of three parcels of land in S 17 T28N Rl W with Assessor's Parcel Numbers 801171004,
801174001, 801174009; and
WHEREAS, the County retains enough developable land to accommodate the Upper
Tarboo Wetlands Acquisition and Restoration 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 $110,000 in conservation futures funds in the
2020 funding cycle for acquisition expenses contingent on a matching contribution of at
least eighty percent (80%) of the total project cost.
Resolution No.-0re: Dedication of Conservation Futures Funds to the Upper Tarboo Wetlands
Acquisition and Restoration 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 AND ADOPTED this 13day of fU 2020 in Port Townsend, Washington.
61
SEMI;
ATTEST,. > o ";; ✓ -
Carolyn Gall
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSI
Chair
Kate Dean, Member
David Sullivan, Member
EXHIBIT C
Conservation Futures Project Application
10 Upper Tarboo Creek Wetlands Acq & Res Project
y4�4gON coG�
2020 Jefferson County Conservation Futures Program
Property Acquisition and/or
SHING�0 Operations and Maintenance Project Application
Please complete the following application in its entirety. Be sure to answer "N/A" for questions that don't apply
to the project. Incomplete applications will not be accepted for consideration.
Unless directed otherwise, use as much space as needed to answer each question.
Contact program staff at 379-4498 or tpokorny@co.lefferson.wa.us with questions.
1. Project Title: Upper Tarboo Creek Wetlands Acquisition and Restoration
2. Conservation Futures Acquisition Request: $128,500
Conservation Futures O&M Request: $0
3. Total Conservation Futures Request: $128,500
4. Please indicate the type of interest contemplated in the acquisition process.
X Warranty Deed Easement X _ Other (Please describe below.)
In whose name will the property title be held after acquisition?
Northwest Watershed Institute, with Conservation Covenants held by US Fish and Wildlife Service.
5. Applicant Information
Name of Applicant or Organization: Northwest Watershed Institute
Contact: Peter Bahls
Title: Executive Director/Conservation Biologist
Address: 3407 Eddy Street, Port Townsend, WA 98368
Phone: (360) 385-6786, ext.
Email: peter@nwwatershed.org
6. Sponsor Information: (f different than applicant) Same
Organization Name:
Contact:
Title:
Address:
Phone:. Fax: ( - , ext.
Fax: (360) 385-2839, ext.
This application was approved by the sponsor's legally responsible body (e.g., board, council, etc.) on
March 25, 2020
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2020 CF Program Application DRAFT
hU://www.co.iefferson.wa.us/560/Conservation-Futures-Proum
7. Site Location
Street Address or Description of Location: Three adjoining parcels north of Center Road between Trillium
Woods Farm and junction of Center and Dabob Road. Address of middle Lincoln Property is 7560
Center Road.
Driving Directions from Port Townsend: Turn right at the Chimacum 4-way stop onto Center Road,
proceed south under Hwy 104 and continue on Center Road % mile to driveway on right at 7560
Center Road.
Section: 17 Township: 28 N Range: 1 W
Assessor's Parcel Number(s): 801-171-004, 801-174-001, and 801-174-009
Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with
CF funds or used as match. 801-171-004 (Pope Resources), 801-174-001(Lincoln), and 801-174-009
(NWI). Conservation Futures (CF) funds to be used by NWI for fee simple acquisition of Pope
Resources and Lincoln properties and for bargain sale of Conservation Covenant (easement) to
protect the third parcel already owned by NWI.
Please list the assessed values for each property or APN, as applicable.
801-171-004 (6.43 ac)-$19,067, 801-174-001(6.43 ac)-$158,527, 801-174-009 (1.62 ac) - $58,971
8. Existing Conditions
New Site: Yes No
Addition to Existing Site: Yes No
Total Project Acreage (if different):_
Existing Structures/Facilities: No
Number of Parcels: 3
Acres to Be Acquired: 14.5
Current Zoning: 1 per 20
Any current covenants, easements or restrictions on land use: No
Current Use: Pope Resources and NWI parcels are undeveloped, Lincoln is residential.
Waterfront (name of body of water): Tarboo Creek and tributaries Spring Creek, Tarboo Lake Creek, other
Shoreline (linearfeet): Y mile of upper mainstem Tarboo Creek and tributaries
Owner Tidelands/Shorelands: NA
9. Current Property Owner X is _is not a willing seller.
Project Description
10. In 1,000 words or less, provide a summary description of the project, the match, overarching goal, and three
top objectives. Include information about the physical characteristics of the site that is proposed for acquisition
with Conservation Futures Program funds including: vegetation, topography, surrounding land use, and
relationship to parks, trails, and open space. Describe the use planned for the site, any development plans after
acquisition (including passive development), characteristics of the site which demonstrate that it is well -suited to
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2020 CF Program Application DRAFT
http://www.co.jefferson.wa.us/560/Conservafion-Futures-Proaram
the proposed use, and plans for any structures currently on the site. If applicable, describe how the site relates to
the larger project, and whether the project has a plan, schedule and funding dedicated to its completion. Please
also list any important milestones for the project or critical dates, e.g. grant deadlines. List the dates and explain
their importance. Please attach a spreadsheet of the budget.
Background, goals, and objectives
Since 2002, Northwest Watershed Institute (NWI), Jefferson Land Trust, and over 40 partnering
organizations have been working on a landscape scale project to protect and restore the Tarboo-
Dabob Bay watershed, with over 4,000 acres conserved to date. The three main objectives of the
conservation effort are to: 1) protect and restore the stream and wetland corridor, from the
headwaters of Tarboo Creek to Dabob Bay, 2) conserve uplands for sustainable forestry, 3) preserve
lands within the Dabob Bay Natural Area.
For this project, NWI proposes to permanently protect and restore a critical gap in the stream and
wetland corridor along upper Tarboo Creek, located between two conservation properties previously
protected with CF funds. The project includes three adjoining properties that provide a variety of
stream, wetland and riparian habitats and that support a high diversity of native species. In addition,
portions of each parcel have excellent potential for wetland restoration.
Pope Resources (6.43 acres) - includes high quality beaver pond wetlands along the mainstem of
Tarboo Creek and its tributary Spring Creek, and 4 acres of reed canary grass that will be
restored to native scrub/shrub wetlands by NWI and Plant-A-Thon volunteers. NWI has a narrow
window of time to acquire this parcel before Rayonier Co. assumes ownership of Pope
Resources properties.
Lincoln (6.43 acres) — includes intact forested wetlands along Tarboo Creek and its tributary
Tarboo Lake Creek, and a house site and improvements built on about 1 acre of fill in the
wetland. NWI plans to purchase the property to remove the house and associated fill and
protect and restore forested wetlands across the entire property. The owner wants to sell in
2020 so there is an urgent need for CF funding.
NWI (1.67 acres) — NWI purchased this wetland property in 2016 to hold it for possible
conservation if funding can be secured. NWI has already removed the existing house and other
structures. However, the house was built on 3 to 6 feet of dirt and garbage that has filled in a
portion of wetland. NWI proposes to remove all fill and revegetate the property to restore
forested wetlands. The property will also be permanently protected by NWI selling a
Conservation Covenant for about 20% of its appraised value to the US Fish and Wildlife Service.
The Conservation Covenant is a recorded deed restriction similar to a conservation easement
(see attachments for example).
Proposed uses
The three parcels will be owned and managed by NWI as the "Upper Tarboo Wetlands Preserve", a
separate unit of NWI's Tarboo Wildlife Preserve located several miles downstream in the main
Tarboo valley. All three parcels will be permanently protected under recorded federal Conservation
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Covenants. NWI plans to restore portions of all three properties, including the 14th annual Plant-A-
Thon that will involve hundreds of children and parents from local schools. Over the long term, the
wetlands will serve as a regional education and demonstration site to illustrate innovative wetland
restoration methods and will also provide the Tribes with traditional cultural gathering opportunities
and NWI with a long-term nursery for harvest of willow and other live stakes for use on other
restoration projects.. A walking trail system for supervised public school and other tours is planned.
Critical dates and ureency
NWI has secured a National Coastal Wetlands Conservation Grant from the US Fish and Wildlife
Service that will provide $508,000 toward the project. A partial match of $83,500 to this federal
funding has been secured. However, an additional $128,500 in match is urgently needed from CF to
leverage the project and complete acquisitions in 2020. Due to landowner constraints, two of the
three properties must be acquired in 2020 or NWI will probably lose the opportunity to form an
unbroken habitat corridor along upper Tarboo Creek.
Budget
JCCF
Match to
Other
Total
Request
JCCF
Match
Cost
Timeline
Acquistion
Pope Resources Property - fee simple
35,000
45,000
80,000
Nov-20
Lincoln Property - fee simple
75,000
200,000
275,000
Dec-20
NWI Property (Conservation Covenant by USFWS)
10,000
40,000
50,000
Oct-20
Acquisition Related Costs:
53,000
53,000
Sep-20 to Jan-21
O&M Costs - Wetland restoration
Pope Resources - control RCG, revegetate
18,500
43,500
62,000
Nov-20 to Jun-22
Lincoln - demo structures, remove fill, revegetate
128,000
128,000
May-21 to Jun-22
NWI - remove fill, revegetate
43,500
43,500
Sep-20 to Jun-22
Project management and administration
8,500
20,000
28,500
Sep-20 to July-22
ElcenCosts
128,500
508,000
83,500
720,000
tJCCF match
1
80%
Note - "caner match" is already committed to the NCWC grant and not eligible to match JCCF.
11. Estimate costs below, including the estimated or appraised value of the propert(ies) or property right(s) to be
acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies) to be Acquired: see budget above for estimated values.
Total Estimated Acquisition -related Cost (see Conservation Futures Manual for eligible costs): $53,000
Total Operation and Maintenance Cost: $233,500
Total Project Cost: $636,500 (not including $83,500 in Other Match).
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Basis for Estimates (include information about how the property value(s) was determined, anticipated acquisition -
related costs, general description of operation and maintenance work to be performed, task list with itemized
budget, and anticipated schedule for completion of work):
Estimates of fair market value are based on recent appraisals completed in the Tarboo watershed
and preliminary discussions with MAI appraiser Shapiro and Associates who are currently under
contract to complete appraisals of all three parcels, due in mid -May. Note that the value for the
Pope Resources wetland parcel is higher than expected because of the potential to make a boundary
line adjustment with an adjoining upland parcel to change the wetland parcel into a larger and
developable lot with upland. An example of this scenario is shown in the attachments.
Restoration costs are based on NWI's 18 years of experience conducting over 50 similar projects in
the Tarboo watershed. A restoration budget that details the tasks for each project and estimated
cost is provided in the attachments.
1 a. Sponsor or other organizations X will _will not contribute to acquisition of proposed site and/or operation
and maintenance activities.
4
1 b. If applicable, please describe below how contributions from groups or agencies will reduce the need to use
Conservation Futures program funds.
1 c. Matching Fund Estimate
Acquisition
O&M %
Conservation Futures Funds Requested
$128,500
$0 20%
Matching Funds/Resources*
$508,000
$0 80%
Total Project Acquisition Cost
$636,500
$0 100%
Note — Total Project Cost does not include "Other Match" already allocated to federal NCWC grant and shown
in the budget above.
* If a prior acquisition is being proposed as match, please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 d. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
NCWC Grant $508,000 Yes No Yes No. Awarded
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that
guarantee additional resources for acquisition. Donation ofproperty or a property right will be considered as
a matching resource. Donation of resources for on -going maintenance or stewardship ("in -kind"
contributions) are not eligible as a match.
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2 a. Sponsoring agency X is _is not prepared to provide long-term stewardship (easement monitoring,
maintenance, up -keep, etc.) for the proposed project site.
2 b. Describe any existing programs or future plans for stewardship of the property, including the nature and
extent of the commitment of resources to carry out the stewardship plan.
Northwest Watershed Institute plans to manage the parcels long-term as the Upper Tarboo Creek
Wetlands Preserve. With funding from the secured US Fish and Wildlife Service grant, NWI will
prepare a Stewardship Plan and conduct extensive restoration on all three parcels.
Long-term stewardship of the Upper Tarboo Creek Wetland Preserve can be efficiently incorporated
into NWI's existing operations because NWI's main base of operation is the 400-acre Tarboo Wildlife
Preserve in the Tarboo valley, located about 2 miles downstream of the proposed project. NWI
already employs an experienced professional staff, including aquatic ecologist and botanist and field
crew that conduct annual restoration projects, monitoring, and stewardship at properties in the
Tarboo watershed.
Finally, the U.S. Fish and Wildlife Service (USFWS) will hold permanent Conservation Covenants on
all three Properties owned by NWI. The Conservation Covenants, similar to conservation easements,
are deed restrictions recorded on each property title that prohibit uses of the property that are not
consistent with the wetland conservation goals of the National Coastal Wetland Grant award. An
example of a USFWS Conservation Covenant is included in attachments.
3 a. Describe the sponsoring agency's previous or on -going stewardship experience.
Northwest Watershed Institute is a nonprofit conservation organization that provides scientific,
technical and on -the -ground support for watershed restoration and has been conducting habitat
stewardship and restoration projects in the Tarboo watershed for 18 years. NWI has extensive
experience stewarding and managing the Tarboo Wildlife Preserve and conservation properties
owned by other landowners using professional staff, experienced field crew, and volunteers.
3 b. Has the sponsor and/or applicant of this project been involved in other projects previously approved for
Conservation Futures funding?
No, neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
X Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures funds. Please provide details:
Yes. Nine conservation easement projects proposed by NWI and JLT were previously approved for CF
funding as part of the landscape scale conservation project in the Tarboo watershed and all have
been successfully completed, including the 2019 Tarboo Forest project.
4 a. Property X can _cannot feasibly be acquired in a timely fashion with available resources
4 b. Necessary commitments and agreements _ are X are not in place.
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4 c. All parties _are X are not in agreement on the cost of acquisition.
If "not" to any of the above, please explain below.
Owners of the Pope Resources and Lincoln parcels have provided letters stating their serious
interest in selling. Appraisals will be completed by mid -May, at which time NWI will make offers.
The sellers have expressed their motivation to sell in 2020 and NWI is optimistic that purchase
agreements can be secured.
5. The proposed acquisition X is specifically identified in an adopted open space, conservation, or resource
preservation program or plan, or community conservation effort. Please describe below, including the site's
importance to the plan. Please reference the website of the plan if available or include the plan with this
application.
_complements an adopted open space or conservation plan, but is not specifically identified. Please describe
below, and describe how the proposed acquisition is consistent with the plan.
_is a stand-alone project.
The proposed project is a top priority in many of the plans for the Tarboo watershed. The project
will fill a critical gap in completing the protected stream corridor along the mainstem of Tarboo
Creek. The project is identified as a conservation priority in the following plans:
Jefferson Land Trust's Jefferson County Conservation Plan (2010) identifies the project area as
within a priority habitat conservation stream corridor. https:/Iwww.saveland.orit/wp-
content/uploads/2016/06/2010 JLT Conservation Plan LoRes.pdf
The Tarboo Creek/Dabob Bay Implementation Strateay, a Sub -Plan of JLT's Jefferson County
Conservation Plan, identifies the specific project area as within the priority stream and wetland
habitat corridor along Tarboo Creek.
The project is a top priority in Northwest Watershed Institute's Tarboo Watershed Conservation
Strateay to protect and restore a stream and wetland corridor from the headwaters of Tarboo
Creek to Dabob Bay (objective 1) (_http://www.nwwatershed.org/conservation-strategy.htmi).
The proposed properties are within a priority terrestrial conservation area identified and mapped in
the Willamette Valley- Puget Trouah- -Georgia Basin Ecoreaiona/ Assessment (2004 Flobere et al).
This priority area includes much of the Tarboo and Thorndyke watersheds. The Ecoregional plan,
developed by Washington Department of Fish and Wildlife and The Nature Conservancy, is one of
the primary conservation plans for Puget Sound and has received extensive public and scientific
review.
6. Conservation Opportunity or Threat:
6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat, and any unique
qualities about the site.
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NWI has a narrow window of opportunity to conserve and restore all three parcels to form a
continues conservation corridor along upper Tarboo Creek.
NWI must purchase the Pope Resources and Lincoln properties in 2020 or probably lose the
opportunity for the foreseeable future.
Pope Resources has not yet sold their lands to Rayonier and so have a window of several months to
a year to consider the sale of this small property. Once Rayonier owns the property, it may be
significantly more difficult for NWI to negotiate a purchase given the large size and Florida location
of this corporation.
Michelle Lincoln is very motivated to sell her property in 2020 and supports NWI's mission. However,
she will need to list the property if NWI cannot secure adequate funding for a purchase in 2020.
Finally, CF funding in 2020 is urgently needed to leverage the recently secured federal grant that will
pay over 80% of the project costs.
7. Summarize the project's conservation values and how the CF funds requested support these values.
The project represents a high benefit to cost ratio of CF funds because the CF funds are a small
fraction of the overall project funding and the project has extremely high benefits for wildlife
conservation, cultural resources, and education. The proposed project will fully protect and restore
a critical gap in the stream and wetland conservation corridor that extends from the headwaters of
Tarboo Creek to Tarboo-Dabob Bay, a priority in the landscape scale conservation effort for the
Tarboo watershed. The 14.5 acres of wetlands to be conserved is a biodiversity hotspot in the
watershed, important to anadromous fish and many other native species and as a tribal cultural
resource and valuable for environmental education. CF funding will be used to fund a portion of the
acquisition costs for each parcel: in total providing less than 20% of the full funding for the project,
with federal funding and other match already secured.
8. The proposed acquisition:
8 a. X provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened, Endangered
or Sensitive species.
8 b. X provides habitat for a variety of native flora or fauna species.
8 c. X contributes to an existing or future wildlife corridor or migration route.
If affirmative in any of the above, please describe and list the Priority Habitats) and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species' use. 1
Priority and Listed Species on -site
Tarboo Creek and tributaries Priority Riparian Habitat
Western toad State Candidate and Federal Species of Concern
Pileated woodpecker State Candidate
Puget Sound steelhead State Candidate and Federal Threatened
1 See, for example, http://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amp nh aspx
http://www.wdfw.wa.gov/conservatiogZphs/lis
http://wwwl.dnr.wa.gov/ahp/refdeskZplants html
htip://wwwl.dnr.wa og v/nhp/refdesk/ up bs/wa ecological systems pdf
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Hood Canal coho salmon
Western Brook lamprey
Federal Species of Concern
Federal Species of Concern
Listed Species benefited downstream in Tarboo-Dabob Bay (documented rearing habitat)
Hood Canal summer chum salmon State Candidate and Federal Threatened
Puget Sound Chinook salmon State Candidate and Federal Threatened
Provides habitat for a variety of native flora and fauna
The project will protect and restore a diverse wetland mosaic of Open Water, Emergent, Scrub -scrub,
and Forested wetland types that supports a high diversity of at -risk fish, bird, amphibian, and
mammal species, including western toad, waterfowl, and salmonids, and neo-tropical migratory
birds. For example, the wetlands provide critical breeding, staging, foraging, wintering, and
summering habitat for an estimated 134 species of migratory and resident waterfowl, shorebirds,
waterbirds, and landbirds. During four visits in April and May of 2019, a total of 45 bird species were
documented by expert birders with the Admiralty Audubon Society and NWI biologists. Additional
species are expected to occur in these habitats based on the experience of local birders and
biologists over the past decade at the project site and NWI's nearby Tarboo Wildlife Preserve in the
Tarboo valley.
Wildlife corridor
The proposed project fills a critical gap in the otherwise protected stream corridor of upper Tarboo
Creek. The project is located between upstream and downstream properties protected under
conservation easements funded by the CF program and other sources. All three adjoining parcels
proposed for protection and restoration are part of wetland complex that functions as a single unit
and a critical wildlife corridor for amphibians, fish, and other wildlife moving along Tarboo Creek.
Restoration proposed to remove wetland fill and structures on some of the properties will further
enhance the value of the wetlands as a wildlife corridor. The importance of this wildlife corridor was
highlighted recently when four bull elk were seen using the wetland area and adjacent Trillium
Woods farm in spring of 2019 and 2020.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please
provide details.
Yes — the proposed owner is Northwest Watershed Institute which has been leading the Tarboo-
Dabob Bay Conservation Program for 18 years. The proposed project has been awarded funding
from the U.S. Fish and Wildlife Service's National Coastal Wetlands Conservation Program which
recognizes wetland protection and restoration along the Tarboo Creek corridor as a high priority.
9. Describe to what degree the project protects habitat for anadromous fish species (for example: marine
shorelines, stream/river corridors including meander zones, and riparian buffers). Please provide documentation
and maps that demonstrate the location, quality and extent of the existing buffer and adjoining habitat.
This is a very important project for conserving anadromous fish species. The project will safeguard
and restore the last major gap in protection along the upper mainstem of Tarboo Creek, which
provides documented spawning and rearing habitat for native coho salmon, coastal cutthroat trout,
and steelhead. The project area also includes three tributaries of Tarboo Creek, including Spring
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Creek and Tarboo Lake Creek, that provide juvenile rearing habitat. A map of the stream system and
photos of coho on the site observed during annual spawning surveys by NWI are attached.
In addition, beaver ponds on Tarboo Creek and Spring Creek are key habitats for coho salmon and
cutthroat trout. According to decades of fisheries research, beaver ponds provide optimal rearing
habitat for juvenile coho salmon that spend a year in freshwater before migrating back to sea. The
beaver pond at the Pope Resources property is the largest and deepest pond in the watershed and
probably quite important to the overall survival and recovery of the coho population in Tarboo
Creek. NWI has also documented a high density of native brook lamprey in this wetland reach of
stream system, which provides food for salmonids.
10 a. Describe the extent and nature of current and planned agricultural use of the proposed acquisition, including
any anticipated changes to that use once the property, or property right, is acquired with funds.
Agriculture is defined as "the science or practice of farming, including cultivation of the soil for the
growing of crops and the rearing of animals to provide food, wool, and other products". The
proposal for the Pope Resources reed canary grass restoration site represents an unusual form of
agriculture. Using innovative methods developed over the past decade, reed canary grass will be
suppressed on 4 acres through various methods, including soil mulching with cardboard sheeting
pinned down with thousands of willow and other species of live stakes. After several years of
growth, some of the live stakes in the scrub/shrub wetland will be harvested annually by NWI crew
to provide long-term sustainable source of willow, red osier dogwood, ninebark and other native
stakes for restoration projects. This use of the land is an atypical form of agriculture that allows NWI
to obtain local restoration products without buying from a commercial nursery and without
impacting wetland species and functions.
10 b. Describe the current owner's record of implementing management practices that preserves and/or enhances
soil, water quality, watershed fiinction and wildlife habitat on the farm.
NWI has extensive experience restoring wetlands and has proven track record in methods for
restoring reed canary grass fields to scrub/shrub forests without the use of herbicides. NWI has used
the Trillium Woods Farm restoration site as our primary "live stake nursery" for years, but could use
a larger source of willow and other live stakes that can be sustainably harvested and under NWI
ownership.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
Protection and restoration of the Upper Tarboo Creek Wetlands Preserve will maximize wetland
functions of preserving water quality and wildlife habitat, while allowing sustainable harvest of
restoration materials.
11 a. Describe the extent and nature of current and planned silvicultural use of the proposed acquisition. Please
cite or provide documentation of existing or planned silvicultural activities including forest management plan(s)
or forest ecosystem restoration.
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Although NWI will not be conducted commercial forestry, NWI will be implementing silvicultural
practices. One primary goal of the project is to restore forested and scrub/shrub wetlands and this
will require extensive tree planting with wetland species (Sitka spruce, western red cedar, crabapple,
and others) and thinning over time. These silvicultural activities will be described in a Stewardship
Plan to be developed for the Upper Tarboo Creek Wetlands Preserve.
11 b. Describe the current owner's record of implementing management practices that preserves and /or enhances
soil, water quality, watershed function and wildlife habitat.
Northwest Watershed Institute has been conducting forest related watershed restoration for 18
years including road removal, forest tree planting, stream culvert replacement and invasive species
removal. The proposed restoration will involve long term use of silvicultural practices to restore
forested wetlands and non-commercial harvest of live stakes as a source for other restoration
projects.
11 c. Describe how the property acquisition or proposed easement will likely preserve and/or enhance soil, water
quality, watershed function and wildlife habitat.
The primary goal of the project is to preserve and restore wetland habitats. All wetland fill and
development will be removed on the NWI and Lincoln parcels and reed canary grass wetlands will be
restored to native scrub/shrub wetlands on the Pope Resources parcel. Specific restoration tasks and
budget are attached.
12 a. Describe how the proposed acquisition benefits primarily a _local area X broad county area including the
area served, the nature of the benefit, the jurisdictions involved, and the populations served.
The proposed project benefits a broad county area because it is a key part of the much larger
conservation effort that spans from the headwaters of Tarboo Creek to the state's Dabob Bay
Natural Area. In particular, the project will protect a critical "gap" in the Tarboo Creek stream
corridor that will directly benefit salmon habitat and biodiversity and safeguard water quality in
downstream Tarboo Creek and Dabob Bay, which has been recognized as a state and national
priority for conservation due to its diverse estuarine habitats and valuable shellfish production.
Taylor Shellfish Company and the Port Gamble S'Klallam Tribe have provided letters of support that
attest to the regional importance of the project in protecting Tarboo Creek and downstream Dabob
Bay, attached.
12 b. Is the project located in an area that is under -represented by CF funded Projects? Areas that Conservation
Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula, Dosewallips
Valley, Bolton Peninsula, and the West End. NA
13. Describe the educational or interpretive opportunities that exist for providing public access, educational or
interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide those
improvements and any plans for public accessibility.2
The Upper Tarboo Creek Wetlands Preserve will serve as an important site for educating the public
on wetland protection, restoration and sustainable use. The site is easily accessible from Center
Road and NWI plans to develop a small foot trail system to host workshops, tours and other public
events to expand understanding and adoption of wetland conservation and restoration methods.
2 The words "education" and "interpretation" are interpreted broadly by the CF Committee.
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Furthermore, NWI plans to hold the 141h annual Plant-A-Thon at the Pope Resources parcel. The
Plant-A-Thon is the largest environmental service event in East Jefferson County, and will actively
involve about 200 children and parents from five local schools in innovative methods to control reed
canary grass and restore scrub/shrub wetlands to the site.
As mentioned below, the property will also serve an important educational purpose as a place for
the Tribes to pass on traditions of sustainable gathering of wetland plants used for cultural purposes
and ceremonies.
The properties are also available for public access by prior permission, including deer hunting and
mushroom picking, two important recreational uses in rural areas.
14. The proposed acquisition _ includes historic or culturally significant resources and
_ is registered with the National Register of Historic Places, or an equivalent program.
X is recognized locally has having historic or cultural resources.
is adjacent to and provides a buffer for a historic or cultural site.
If affirmative in any of the above, please describe below, and cite or provide documentation of the historical or
cultural resources.
The Port Gamble S'Klallam Tribe has written a letter of support for the project (see attachments), in
part because the Upper Tarboo Creek wetlands represent an important cultural resource for the
Tribes that they would like to see protected and restored. The JCCF grant application states that
cultural resources include "...traditional, religious, ceremonial, and social uses and activities of
affected Indian Tribes...". The Upper Tarboo Creek wetlands are an important cultural resource
under this definition.
The Port Gamble S'Klallam Tribe, Jamestown S'Klallam Tribe, Lower Elwha S'Klallam Tribe, and
Skokomish Tribe are signatories to the Point No Point Treaty and retain the right to hunt and gather
within their Usual and Accustomed Area, including the Tarboo watershed. These Tribes continue to
rely upon a diversity of intact native plant communities in the region, as they have for thousands of
years, as places where they gather traditional food, medicine, and materials for use in all aspects of
their cultural life, including social and religious. The project site's open water beaver pond wetlands,
wet meadows, and forested wetlands support plant species, such as several species of sedges used
for weaving baskets for ceremonial purposes, as well as traditional plant foods found only in
wetlands. The Port Gamble S'Klallam Tribe reports that in recent years it is experiencing a
renaissance of weavers and artists using traditional methods and materials. However, the
destruction of wetlands has made it increasingly difficult to access intact habitats suitable for
traditional cultural uses by the Tribe. The Tarboo wetlands are significant not just for the materials
they offer, but the opportunity for the Tribe to harvest locally; the process of harvesting itself is
infused with traditional, social and religious meaning that the Tribes want to pass on to the coming
3 Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW
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generations. If funded, the project will permanently conserve the wetlands under federal deed
restrictions while allowing sustainable harvest and gathering to maintain tribal cultural traditions.
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15. Sponsors of applications that are approved for funding by the Board of County Commissioners are required to
submit a brief progress report by October 30 every year for three years after the award is approved, or three years
after the acquisition fimds are disbursed to the applicant, whichever is later. The progress report must address any
changes in the project focus or purpose, progress in obtaining matching fimdin& and stewardship and
maintenance. Sponsors receiving O&M fimds will also submit an annual report for each year that O&M funds are
expended. The Committee will use the information to develop a project "report card" that will be submitted
annually to the Board of County Commissioners.
If this application is approved for fimding, I understand the sponsor is raill1lized to submit progress reports for
three years and for any year in which O&M funds are expended. Initials.&&Z/,&Date
16. If, three years after the date funding is approved by the Board of County Commissioners, the applicants have
not obtained the required matching fimds, the Committee may request the Board of County Commissioners to
nullify their approval of funds, and may require the project to re -apply.
If this application is approved for funding, I understand that we may be required to the application if t ell
project sponsor does not obtain the necessary matching funding within three years. ��V�Initials /`�.c 27Date
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Figure 1. Project location within the Tarboo-Dabob Bay watershed, Hood Canal, and Washington State.
Tarboo Watershed
Parcel Ownership
Parcels
DNP 7rw la'.•s.
Fop. Rsaou!c..
Cow - P,,
U^ nrr, d.w
Q
Gs,.
Aquatic Lands
r
Prns�. rrwn
c--V road
Northwest
Watershed Institute
Dec 2018
0 05
1 Mlles
Figure 2. Project location within the Tarboo-Dabob Bay Watershed. Green and hatched lines
are conserved properties along Tarboo Creek and Dabob Bay.
Figure 3. Closer view of Tarboo Creek Corridor showing protected lands (green or hatched).
Figure 4. Proposed project map showing two parcels to be acquired and total of three parcels to be
protected with US Fish and Wildlife Service Conservation Covenants and restored to forested wetlands.
01
rtte: Tarboo Creek Wetland Aquisition seaI Indicated Figure
Olympic INIand l ources,i_ C and
Restoration Project Date:
856 50th Street June 2019 1
lbrtbwnsend,M198368 Client: NWI, Peter Bahls
360 385-6432 3407 Eddy Street Job
dixie@yahoo.com Port Townsend WA, 98368 02019-0614
Parcel 801171004, 801174001, 801174009 S17, T 28N R1W
PFOA Palustrine Forested
Temporarily Flooded
SSA Scrub Shrub Temporarily Flooded
PEM 1A Palustrine Emergent
Persistent Temporarily Flooded
POWF Palustrine
Open Water Semi Permanently Flooded
Wetland community types indicated
often extend off property boundaries.
This map is only for the three parcels
with results determined by visual
observations in the field and aerial maps.
Figure 5. Wetland types delineated on the project site by Olympic Wetland Resources LLC in June
2019.
Figure 6. View south of project within larger protected Tarboo Creek corridor.
Figure /. Aerial view of properties proposed for protection and restoration along upper Tarboo Creek
and associated tributaries and wetlands.
Figure 8. Example of how
the Pope 6.43 acre
wetland property can be
used with an adjoining
26.67 parcel to make
two developable parcels
of 20 acres and 13.1
acres through a
boundary line
adjustment. The
potential for a BL
adjustment increases the
appraised value of the
wetland parcel. The map
shows 20 acre zoning in
yellow.
Figure 9. Pope Resources property — beaver pond wetlands provide habitat for western toads.
Figure 10. Pope Resources property — restoration of forest proposed in invasive reed canarygrass.
Figure 11. Example of installing willow and cardboard planting proposed for Pope Resources property.
Figure 12. Installing planter box as artificial nurse log to re-establish trees in historic forested wetlands.
Figure 13. "After" planter box or willow cage 2 years after planting.
Figure 14. Example of conversion of grass to scrub/shrub wetland in Tarboo valley.
Figure 15. Lincoln Property - House and fill to be removed from wetland.
I � �
NPAAI
644
tom',
Figure 16. Lincoln Property — intact forested wetlands on Lincoln parcel.
Figure 17. NWI Property - wetland fill and garbage 3-6 ft deep is proposed for removal.
*c s 1 z ) z
4' ♦ `gip a rR, •� 5.; { q4
w+, 6
ram.
R+ f aAW
,•� 'fie �
ate yam;,
a
a
� r
�'r l II�lt aas�
Figure 18. NWI Property — intact forested wetlands on NWI parcel.
Figure 19. Spawning coho salmon in Tarboo Creek at Lincoln Property.
aOF I,,
'4 Il
Figure 20. Western toad at NWI Property.
Michelle Chambers Lincoln
PO Box 2686
Silverdale, WA 98383
April 15, 2019
Peter Bahis, Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Mr. Bahis,
I am interested in selling my property along Tarboo Creek and wetlands to Northwest
Watershed Institute (parcel no. 801174001) for long term conservation.
I support Northwest Watershed Institute's efforts to raise grant funding from state and
federal sources for a possible purchase of the property for fair market value as
determined by appraisal.
To show my support, I agree that if a National Coastal Wetlands Conservation Grant is
awarded for the proposed purchase of my property and I accept the offer from NWI, I
will donate $1,000 cash at time of sale to help with the project expenses.
Sincerely,
Michelle Chambers Lincoln
Oape J
Pope Resources
A Limited Partnership
19950 7th Avenue NE, Suite 200
Poulsbo, WA 98370
(360) 697-6626
(360) 697-1156 FAX
April 19, 2019
Peter Bahls, Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Mr. Bahls,
Pope Resources is interested in selling the 6.4 acre wetland parcel along Tarboo Creek to
Northwest Watershed Institute (Jefferson County parcel 801171004) as part of a larger wetland
conservation and restoration project along Tarboo Creek.
We support Northwest Watershed Institute's efforts to raise grant funding for a possible purchase
of the property at fair market value as determined by third -party appraisal provided that the third -
party appraised value is satisfactory to Pope Resources.
To show our support, Pope Resources agrees that if a National Coastal Wetlands Conservation
Grant is awarded for the proposed purchase of the property and we accept the offer from NWI,
Pope Resources will donate $1,000 cash at time of sale to help with project expenses.
By no way does this letter represent a commitment to sell the parcel but we do applaud your
efforts to secure funding for this conservation project.
Sincer
Mike Mackelwich
Vice President - Timberland Operations
Port 0 11 8'KWMN Db
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
31912 Little Boston Rd. NE - Kingston, WA 98346
April 18, 2019
Peter Bahls, Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Mr. Bahls,
I understand that Northwest Watershed Institute is partnering with Washington Department of
Ecology to apply for a National Coastal Wetlands Conservation Grant (NCWCG) to purchase
and restore wetland properties along Tarboo Creek.
These properties provide important stream and wetland habitat for salmonids and other at -risk
species also protects downstream water quality for Dabob Bay. Restoration by removal of fill in
wetlands and re -vegetation will provide long term benefits for treaty reserved resources.
The Port Gamble S'Klallam Tribe very much supports NWI's long-term program to conserve
and restore Tarboo Creek and its wetlands corridor, from the headwaters to Dabob Bay. If I can
be of any further assistance, please don't hesitate to contact me at 360 297-6288 or by email at
paulmQpgst.nsn.us.
If the project is awarded NCWCG funding, the Tribe's Natural Resources Department agrees to
provide a $500 cash donation to Northwest Watershed Institute to help complete the project.
Sincerely,
Paul McCollum
Natural Resources Director
Port Gamble S'Klallam Tribe
Phone: (360) 297-6288 Fax: (360) 297-4791
March 27, 2020
Peter Bahls, Executive Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Mr. Bahls:
I understand that Northwest Watershed Institute is applying for Jefferson County Conservation Futures (JCCF)
grant funding to match federal funding to protect and restore critical wetlands along upper Tarboo Creek. last
year, I provided a letter of support for the for the project. However, here I would like to speak to the importance
of the wetlands as a cultural resource for the Tribes.
The Port Gamble S'Kiallam Tribe, Jamestown S'Klallam Tribe, Lower Elwha S'Klallam Tribe, and Skokomish Tribe
are signatories to the Point No Point Treaty and retain the right to hunt and gather within their Usual and
Accustomed Area, including the Tarboo watershed. These Tribes continue to rely upon a diversity of intact
native plant communities in the region, as they have for thousands of years, as places where they gather
traditional food, medicine, and materials for use in all aspects of their cultural life, Including social and religious.
The project includes open water beaver pond wetlands, wet meadows, and forested wetlands that are
particularly important as a cultural resource because they support slough sedge, willow, and other wetland
plants used for weaving baskets used for ceremonial purposes. If successful, the grant funding will permanently
conserve the wetlands under federal deed restrictions while allowing sustainable harvest of cultural resources,
such as basket weaving materials and traditional foods.
The JCCF grant application states that cultural resources include "...traditional, religious, ceremonial, and social
uses and activities of affected Indian Tribes...". I want to make it dear that the Upper Tarboo Creek wetlands are
a cultural resource under this definition and the proposed plan for protection and restoration would help
maintain their importance. The Tarboo wetlands are significant not just for the materials they offer, but the
opportunity for the Tribe to harvest locally, the process of harvesting itself is infused with traditional, social and
religious meaning that we want to pass on to the coming generations.
Currently, the Tribe is enjoying a renaissance of weavers and artists using traditional methods and materials.
However, with the conversion of vast areas in our region to industrial tree farms and development projects that
have destroyed wetlands, It Is increasing difficult for us to access habitats suitable for traditional cultural uses.
The proposed Upper Tarboo Creek Wetlands project would protect an important cultural resource for the
Tribes.
Sincerely,
Pau Me
Director of Natural Resources
130 SE LYNCH ROAD, SHELTON, WA 98584
Peter Bahls, Director
Northwest Watershed Institute
3407 Eddy Street
Port Townsend, WA 98368
Dear Mr. Bahls,
P: 360.426.61181 WWW.TAYLORSHELLFISHFARMS_COM
April 17, 2019
On behalf of Taylor Shellfish, I am pleased to demonstrate my support for conservation
work for the proposed National Coastal Wetlands Conservation Grant (NCWCG) for
acquisition and restoration of wetlands along Tarboo Creek, part of NWI's larger, long-
term effort to protect and restore the Tarboo Creek-Dabob Bay watershed.
Taylor Shellfish Company is one of the largest shellfish growers in Washington State and
I fully realize that the health of the shellfish industry depends upon healthy coastal
ecosystems and clean water. I strongly support this effort to conserve and restore
Tarboo Creek's wetlands which are critical to maintaining water quality for our business
operations in downstream Dabob Bay and site of our shellfish hatchery, one of the
largest shellfish hatcheries in the world.
If the project is awarded NCWCG funding, I agree to provide a $1,000 cash donation to
Northwest Watershed Institute to help complete the project.
Sincerely,
Bill Taylor
Owner
IATLOR SHELLFISH CO. TAYLOR TIMBER INVESTMENT CO. TAYLOR RESTAURANTS
AFTER RECORDING RETURN TO:
[Title / Name:]
Address
Address
Address
CONSERVATION COVENANT
(Grant Name — Property Name)
Grantor:
Grantee: The Public
Abbreviated
Legal Description:
Tax Parcel #:
RECITALS
a. , (Grantor) is the owner in fee simple of real property known as
Property Name, located in County, Washington, (Property) more particularly described
in Exhibit A and as shown in Exhibit B. Exhibits A and B are attached to this instrument and
incorporated herein by reference. If there are differences between these two Exhibits, the legal
description in Exhibit A shall control. The property contains approximately acres.
b. This document is an environmental (restrictive) covenant (Covenant) executed pursuant
to Revised Code of Washington (RCW) 64.04; the Washington State Department of Ecology
(Ecology) Grant Agreement No. (Agreement), incorporated by
reference hereto; and the U.S. Fish and Wildlife Service (Service) Coastal Wetlands Grant No.
FxxAPxxxxx (Grant), which has an effective date of The Service awarded the
Grant from the National Coastal Wetland Conservation Grant Program (CFDA #15.614), which
was established under the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C.
§§ 3951-3956). A copy of the Grant is kept on file at the office of the Service, 911 NE l lth
Avenue, Portland, OR 97232 and at the office of Ecology, 300 Desmond Drive SE, Lacey, WA
98504. The Wildlife and Sport Fish Restoration Program is the administrative subdivision of the
Service that administers the grant.
Page 1 of 9
Grantor is the subgrantee responsible for implementing the project. The purpose of the Grant is
to protect the [DESCRIBE HABITAT TYPES] perpetuity for conservation purposes. The
Property was acquired for $xxxxxx using funds from the Coastal Wetlands Grant ($xxxxxx or
xx% of the purchase price) and the non-federal match ($xxxxxx or xx% of the purchase price).
This project benefits [DESCRIBE OVERALL PROJECT BENEFITS example: larger
conservation efforts in the Puget Sound by adding habitat connectivity with other conserved
areas around Barnum Pointl. The Property was acquired for the purpose of [DESCRIBE
PURPOSE OF SPECIFIC PROPERTY example: permanent shoreline and coastal wetland
protection and the protection of associated native birds wildlife and marine organisms].
Grantor hereby acknowledges that the Property was acquired for this purpose, and agrees to
monitor and enforce the Property in perpetuity for the conservation of said lands and waters and
the hydrology and natural heritage resources dependent thereon.
C. Grantor is creating this Covenant to ensure that the Property will be preserved and
managed in perpetuity for the conservation purposes described above, and in accordance with all
terms and conditions of the Grant. Grantor acknowledges that the Property is subject to all terms
and conditions of the Grant and the Agreement, and agrees to monitor the Property in perpetuity
for the conservation of the Property's lands, waters, hydrology, and natural heritage resources
dependent thereon.
COVENANT
Grantor, as fee simple owner of the Property herein covenants and declares on behalf of
itself and all heirs, assigns, and successors in interest into whose ownership the Property might
pass that the Property will be preserved and maintained in accordance with the terms and
conditions of the Grant in perpetuity. Furthermore, it is the intent of the Grantor that such
covenants, and the Service's interest as provided herein, shall supersede any prior interests the
Grantor has in the Property and shall run with the land in perpetuity and be binding on all current
and future owners of any portion of, or interest in, the Property.
Section 1. General Restrictions and Requirements.
Any activity on, or use of, the Property inconsistent with the purposes of the Covenant is
prohibited. The following general restrictions and requirements shall apply to the Property:
a. Continued Compliance Required. Grantor shall not convey any interest in any portion
of the Property without providing for the continued preservation and maintenance of the Property
and continued compliance with this Covenant.
b. Leases. Grantor shall restrict any lease for any portion of the Property to uses and
activities consistent with this Covenant and will notify all lessees of the restrictions on the use of
the Property.
C. Preservation of Reference Monuments. Grantor shall make a good faith effort to
preserve any reference monuments and boundary markers used to define the areal extent of
coverage of this Covenant.
Page 2 of 9
d. Compliance with 43 C.F.R. § 17.204(c)(2). There shall be no discrimination during the
useful life of the Project.
Section 2. Specific Prohibitions.
In addition to the general restrictions in Section 1 of this Covenant, the following additional
specific, non-exclusive list of activities and uses are expressly prohibited on the Property:
a. Subdivision and residential development.
b. Commercial, industrial, or agricultural development and/or use.
C. Alteration of the land surface or water bodies except for the purpose of restoring native
habitat or habitat forming ecological processes.
d. Timber harvest or other removal of vegetation, except for the purpose of restoring habitat
or maintaining the Property and its boundaries.
e. Granting road or utility easements through the property.
f. Exploration for, and/or extraction of, minerals, hydrocarbons, soils, gravels, sand, or
other minerals or naturally occurring elements.
g. Hunting or trapping, except for nuisance animals.
h. Recreational activities that cause wildlife disturbance.
i. Any use that is otherwise inconsistent with the purposes of this Covenant.
Section 3. Permitted Uses and Activities.
The following uses and activities are permitted on the Property, provided that they are consistent
with the conservation purposes of the Service Grant:
a. Reestablishment of native plants and enhancement of existing native plant communities
to improve the overall quality of riparian habitat along the tributaries, streams, and wetlands
located on the property.
b. Habitat restoration and maintenance.
C. Low impact, sustainable forest practices to improve forest diversity and complexity so
long as those forest practices have negligible negative impact on habitat, native fish and wildlife,
water quality, open space, and environmental values, provided that any revenues derived from
such forest practices will be applied to the restoration and stewardship of the Property.
d. Removal of safety hazards, invasive species, and nuisance animals.
e. Passive, non -motorized, pedestrian recreational use such as hiking and wildlife
observation that does not negatively impact wildlife.
f. Development of trails, boardwalks, or viewing areas in a manner consistent with the
purposes and permitted uses of this Covenant.
Page 3 of 9
g. Removal of buildings, structures, or other remnants of human habitation from the
Property.
h. Any other use or activity consistent with, and necessary to, fulfil the purposes of this
Covenant.
Section 4. Access.
a. The Grantor freely and voluntarily grants Ecology and its authorized representatives,
upon reasonable notice, the right to enter the Property at reasonable times to evaluate the
effectiveness of this Covenant, and enforce compliance with this Covenant and associated
actions.
b. This instrument does not convey a right of access or use by a third party to any portion of
the Property.
Section 5. Notice Requirements.
a. Conveyance of Any Interest. The Grantor shall not convey any interest in any part of
the Property, including but not limited to, title, easement, leases, or security or other interests,
without prior approval from the Service, obtained by using Ecology as an intermediary. In the
event the Property is no longer necessary for the purposes of the Grant, Ecology will request
disposition instructions from the Service in accordance with 2 C.F.R. § 200.311(c). Prior to
executing any conveyance, Grantor must:
i. Provide written notice to Ecology of the intended conveyance at least thirty (30)
days in advance of the conveyance.
ii. Include in the conveying document a notice in substantially the following form, as
well as a complete copy of this Covenant:
NOTICE: THIS PROPERTY IS SUBJECT TO A CONSERVATION
COVENANT GRANTED BY ISLAND COUNTY ON [DATE] AND RECORDED
WITH THE ISLAND COUNTY AUDITOR UNDER RECORDING NUMBER
[RECORDING NUMBERI. USES AND ACTIVITIES ON THIS PROPERTY MUST
COMPLY WITH THAT COVENANT, A COMPLETE COPY OF WHICH IS
ATTACHED TO THIS DOCUMENT.
iii. Unless otherwise agreed to in writing by Ecology, provide Ecology with a
complete copy of the executed document within thirty (30) days of the date of execution
of such document.
b. Reporting Violations. Should the Grantor become aware of any violation of this
Covenant, Grantor shall promptly report such violation in writing to Ecology.
C. Emergencies. For any emergency or significant change in site conditions due to Acts of
Nature (for example, flood or fire) resulting in a violation of this Covenant, the Grantor is
authorized to respond to such an event in accordance with state and federal law. The Grantor
Page 4 of 9
must notify Ecology in writing of the event and response actions planned or taken as soon as
practical but no later than within 24 hours of the discovery of the event.
d. Notification procedure. Any required written notice, approval, reporting or other
communication shall be personally delivered or sent by first class mail to the following persons.
Any change in this contact information shall be submitted in writing to all parties to this
Covenant. Upon mutual agreement of the parties to this Covenant, an alternative to personal
delivery or first class mail, such as e-mail or other electronic means, may be used for these
communications.
Name Heather Kapust
Grantor Name Washington State Department of Ecology
Address SEA Program
Address P.O. Box 47600
Address Olympia, WA 98504-7600
Phone # Phone # 360.407.0239
Email: Email: heather.kapust@ecy.wa.gov
Section 6. Enforcement and Construction.
a. The Grantor freely and voluntarily grants this Covenant.
b. Within ten (10) days of execution of this Covenant, Grantor shall provide Ecology\with a
copy of the Covenant and proof of recording.
C. Ecology and the Service shall be entitled to enforce the terms of this Covenant by resort
to specific performance or legal process. All remedies available in this Covenant shall be in
addition to all remedies at law or in equity. Enforcement of the terms of this Covenant shall be at
the discretion of Ecology or the Service, and any forbearance, delay or omission to exercise the
rights under this Covenant in the event of a breach of any term of this Covenant is not a waiver
by Ecology or the Service of that term or of any subsequent breach of that term, or any other
term in this Covenant, or of any rights of Ecology or the Service under this Covenant.
d. The Grantor shall be responsible for all costs associated with implementation of this
Covenant.
e. This Covenant shall be liberally construed to protect the conservation purposes for which
this Covenant was granted.
f. The provisions of this Covenant shall be severable. If any provision in this Covenant or
its application to any person or circumstance is held invalid, the remainder of this Covenant or its
application to any person or circumstance is not affected and shall continue in full force and
effect as though such void provision had not been contained herein.
Page 5 of 9
g. A heading used at the beginning of any section or paragraph or exhibit of this Covenant
may be used to aid in the interpretation of that section or paragraph or exhibit but does not
override the specific requirements in that section or paragraph.
Page 6 of 9
In witness whereof, the undersigned Grantor has executed this document this _ day of
2018, at , Washington.
Grantor: [NAME, ALL CAPS]
LIM
Name:
Title:
STATE OF WASHINGTON )
) ss
COUNTY OF XXXXX )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that (he/she) was authorized to execute the instrument and acknowledged it as the
of XXXXX County to be the free and voluntary act of such parry for the
uses and purposes mentioned herein.
Given under my hand and official seal this day of , 2018.
Notary Public in and for said state, residing
at
My commission expires:
Page 7 of 9
Exhibit A
LEGAL DESCRIPTION
Page 8 of 9
EXHIBIT B
Property Map
Page 9 of 9
UPPER TARBOO CREEK WETLANDS RESTORATION BUDGET March 2020
Restoration Tasks by Property
Amount
NWI parcel restoration
Proj mgt and permits (County, Corps, WDFW)
5,000
Fill removal and reshape topography (500 cy @ 20/yd)
10,000
Fill transport (500 cy@15/yd)
7,500
Fill disposal at approve site (500 cy@20/yd)
10,000
Compost soil amendment and spread (50 cy@30/yd)
1,500
Wood chip mulch (50 cy@10/yd)
500
Re -vegetation planting (1 acre)
6,000
Plant maintenance 1.5 year
3,000
Total NWI parcel
43,500
Lincoln parcel restoration
Proj mgt and permits (County, Corps, WDFW, Ecology)
7,000
House demolition and disposal
37,000
Other structure demolition
7,500
Septic decommission
5,000
Well decommission
2,000
Fill removal and reshape topography (1000 cy @ 20/yd)
20,000
Fill transport (1000 cy@15/yd)
15,000
Fill disposal at approve site (1000 cy@10/yd)
10,000
Compost soil amendment and spread (100 cy@30/yd)
3,000
Wood chip mulch (150 cy@10/yd)
1,500
Re -vegetation planting (3 acres)
15,000
Plant maintenance 1.5 year
5,000
Total Lincoln parcel
128,000
Pope Resources parcel restoration
Proj mgt and permits (County, Corps, WDFW)
5,000
Re -vegetation materials and installation (5 acres)
Planting boxes
5,000
Stake and cardboard treatment
45,000
Beaver wire protection
7,000
Total Pope Resources parcel
62,000
Total Restoration - all three parcels 1
233,500
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201
Date. OV 2 A WM
NORTHWEST WATERSHED INSTITUTE
3407 EDDY STREET
PORT TOWNSEND, WA 98368-0000
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
93-1325820
DLN:
17053259778026
Contact Person:
CLINTON L FORTNER ID# 31163
Contact Telephone Number:
(877) 829-5500
Public Charity Status:
170 (b) (1) (A) (vi)
Our letter dated JANUARY 2002, stated you would be exempt from Federal
income tax under section 501(c)(3) of the Internal Revenue Code, and you would
be treated as a public charity, rather than as a private foundation, during
an advance ruling period.
Based on the information you submitted, you are classified as a public charity
under the Code section listed in the heading of this letter. Since your
exempt status was not under consideration, you continue to be classified as
an organization exempt from Federal income tax under section 501(c)(3) of the
Code.
Publication 557, Tax -Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organization.
You may request a copy by calling the toll -free number for forms,
(800) 829-3676. Information is also available on our Internet Web Site at
www.irs.gov.
If you have general questions about exempt organizations, please call our
toll -free number shown in the heading.
Please keep this letter in your permanent records.
Sincerely yours,
Lois G. yer"'r
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
Northwest Watershed Institute
BOARD OF DIRECTORS 2020
Board Members and
Affiliation and Term on the Board of Directors
Officers
Peter Bahls
President, Vice -President,
Peter Bahls is currently full time Executive Director and
Treasurer
Conservation Biologist for Northwest Watershed Institute.
3407 Eddy Street
Term - 2020-2022
Port Townsend, WA 98368
360-385-6786
Gene Jones
Board Member
Gene Jones is a member of the Port Gamble S'Klallam Tribe and
spiritual leader for four Tribes in the Olympic Peninsula region.
5860 NE Totten Road
Poulsbo, WA 98370
Term - 2020-2022
360-535-3826
Janis Henry
Board Member
Janis Henry is a retired biotech patent attorney and chemist with
over 30 years of experience in the bioinstrumentation and
14445 SE 55th Street
biotechnical industry. She is a life long nature enthusiast and
Bellevue, WA 98006
embraces adventure travel. Janis lives in Quilcene and Bellevue.
Term - 2020-2022
Keith Lazelle
Board Member
Keith Lazelle is an award -winning nature photographer who
lives on Dabob Bay. His work has been used by many
PO Box 192
environmental organizations including Audubon, Hoh River
Quilcene, WA 98376
Trust, The Nature Conservancy, and NWI.
360-765-3697
Term - 2019-2021
Judith Rubin
Secretary
Judith Rubin is Stewardship Director and Botanist for Northwest
Watershed Institute.
3407 Eddy Street
Port Townsend, WA 98368
Term - 2019-2021
360-385-5358
Liz Hoenig Kanieski
Liz Hoenig Kanieski has over 25 years of experience as a field
biologist, environmental educator, and environmental planner.
1005 Lawrence Street
Much of her work has focused on watershed protection, citizen
Port Townsend, WA 98368
engagement and water resources.
Term - 2019-2021
Northwest Watershed Institute
STAFF ROSTER 2020
Staff member
Positions
Peter Bahls
Executive Director and Conservation Biologist
Judith Rubin
Director of Stewardship and Public Outreach, and Botanist
Suzanne Barnes
Office Manager and Bookkeeper
Kimo Ellison
Field Crew Leader
Kimberly Webber
Project Assistant and Field Crew
Nadia Wade
Seasonal Field Crew
Henry Tallee
Seasonal Field Crew
Emily Borenstein
Seasonal Field Crew
3407 Eddy Street I Port Townsend, Washington 98M
Northwest voice 380.385.6786 fox 360.385.2839
Watershed Institute I email peterommatershed.org I www.nwwatershed.org
Memo
Toe Tarboo Creek Conservation Project File
Fr+omPeter Bahis, Executive Director
CD;
Date: March 25, 2020
Rene Executive Committee Resolution to Submit Jefferson County Conservation
Futures 2020 Application for the Upper Tarboo Creek Wedands Protection
and Restorat%n Project
At its Annual Board Meeting of May 14, 2019, the Board of Directors of Northwest
Watershed institute unanimously approved the following resolution —
An Executive Committee comprised of Peter Behis and Judith Rubin shall serve as
an executive committee to have the power to males on -going decisions between
Board meetings per the existing by-laws
On May 25, 2020 the Executive Committee approved the following resolution —
DECIDED — Northwest Watershed Institute shall sponsor and submit a grant
application for Jefferson County Conservation Futures 2020 Program for the Upper
Tarboo Creek Wetlands Protection and Restomfion Project.
Bahis
President
Judith Rubin
Secretary
1:50 PM Northwest Watershed Institute
03/26/20 Profit & Loss Budget Overview
Accrual Basis July 2019 through June 2020
Jul '19 -Jun 20
Ordinary Income/Expense
Income
Grant Revenue
4005 - County/Local Funds
20,000.00
4010 • Federal Funds
180,000.00
4020 - Foundation
10,000.00
4030 - State Funds
36,000.00
Total Grant Revenue
246,000.00
Rental/Lease Income
4166 • Olson tideland lease
4,000.00
4175 • Rental Income Reinertsen Rental
15,600.00
4182 - Rental Income - Yarr Caretaker
3,000.00
Total Rental/Lease Income
22,600.00
Consulting/Miscellaneous
4210 - Consulting Fees
28,000.00
4220 - Miscellaneous Income
100.00
Total Consulting/Miscellaneous
28,100.00
Contributed Income
4310 - Restricted
91,000.00
4320 • Unrestricted
83,000.00
Total Contributed Income
174,000.00
Total Income
470,700.00
Gross Profit
470,700.00
Expense
66900 • Reconciliation Discrepancies
0.00
6010 - Advertising
100.00
6030 - Automobile Expense
3,000.00
6040 • Bank Service Charges
200.00
6050 - Contributions
0.00
6080 - Education
0.00
Insurance
6091 • Auto
1,400.00
6092 • Health benefits
28,000.00
6093 • Liability Insurance
3,700.00
Total Insurance
33,100.00
Interest Expense
6120 • Loan Interest
9,200.00
Total Interest Expense
9,200.00
Land Acquisition
6170-Closing Expenses
4,500.00
6160 - Land -earnest money
5,000.00
Total Land Acquisition
9,500.00
Loan payoff
220,000.00
6210 • Miscellaneous
0.00
Payroll Expenses
Gross wages
6231 • Director
70,000.00
6232 - Stewardship Director
4,500.00
6233 • Project Assistant
4,000.00
6234 • Field Crew
30,000.00
Gross wages - Other
0.00
Total Gross wages
108,500.00
Page 1
1:50 PM Northwest Watershed Institute
03/26/20 Profit & Loss Budget Overview
Accrual Basis July 2019 through June 2020
Jul '19 -Jun 20
Payroll Taxes
6246 - Paid Family and Medical Leave
300.00
6240 - Medicare
1,500.00
6241 - Social Security
6,000.00
6243 • Workers Comp
3,000.00
6245 - WA State Unemployment
2,000.00
Total Payroll Taxes
12,800.00
Payroll Expenses - Other
0.00
Total Payroll Expenses
121,300.00
6250 - Postage and Delivery
100.00
6260 - Printing and Reproduction
800.00
Professional Fees
6271 - Accounting
1,500.00
6273 - Land Appraisal
0.00
Total Professional Fees
1,500.00
Program Expense
6282 - Fees
6,000.00
6283 • Project subcontractors
30,000.00
6286 - Overrun
0.00
Total Program Expense
36,000.00
6290 • Rent
8,400.00
Repairs and Maintenance
6310 • Building Repairs
0.00
6320 - Computer Repairs
500.00
Total Repairs and Maintenance
500.00
Supplies
6420 - Field Supplies
4,000.00
6440 • Office Supplies
3,500.00
Total Supplies
7,500.00
Taxes
6510 - Property Taxes
3,500.00
6520 • Tax - State Excise
2,000.00
Total Taxes
5,500.00
Telephone/Commu n ications
6650 • Mobile phone
1,300.00
6620 • Telephone - Local
1,700.00
Total Telephone/Communications
3,000.00
Travel & Ent
6720 - Meals
150.00
6730 • Room
0.00
6740 - Travel
0.00
Travel & Ent - Other
0.00
Total Travel & Ent
150.00
Utilities
6810 - Gas and Electric
100.00
Total Utilities
100.00
Total Expense
459,950.00
Net Ordinary Income
10,750.00
Net Income
10,750.00
Page 2
12:04 PM Northwest Watershed Institute
03/25/20 Profit & Loss
Accrual Basis July 2019 through February 2020
Jul '19 - Feb 20
Ordinary Income/Expense
Income
Grant Revenue
4005 • County/Local Funds
19,575.00
4010 • Federal Funds
1,687.50
4030 • State Funds
25,086.19
Total Grant Revenue
46,348.69
Rental/Lease Income
4175 • Rental Income Reinertsen Rental
10,400.00
4182 • Rental Income - Yarr Caretaker
2,000.00
Total Rental/Lease Income
12,400.00
Contributed Income
4310 • Restricted
88,447.79
4320 • Unrestricted
26,195.00
Total Contributed Income
114,642.79
Total Income
173,391.48
Gross Profit
173,391.48
Expense
66900 • Reconciliation Discrepancies
-0.04
6010 • Advertising
82.50
6030 • Automobile Expense
2,418.41
6040 • Bank Service Charges
181.70
6080 • Education
460.00
Insurance
6091 • Auto
1,335.50
6092 • Health benefits
6092 • Health benefits - Other
20,369.19
Total 6092 • Health benefits
20,369.19
6093 - Liability Insurance
3,673.00
Total Insurance
25,377.69
Interest Expense
6120 • Loan Interest
6,600.00
Total Interest Expense
6,600.00
Land Acquisition
6170 • Closing Expenses
159.86
6150 • Land
5,000.00
Total Land Acquisition
5,159.86
Payroll Expenses
Gross wages
6231 • Director
46,666.71
6232 • Stewardship Director
2,069.00
6233 • Project Assistant
2,335.00
6234 • Field Crew
24,286.75
Total Gross wages
75,367.46
Payroll Taxes
6246 • Paid Family and Medical Leave
221.10
6240 • Medicare
1,092.70
6241 • Social Security
4,672.16
6243 • Workers Comp
2,451.43
6246 • WA State Unemployment
153.25
Total Payroll Taxes
8,590.64
Page 1
12:04 PM
03/25/20
Accrual Basis
Northwest Watershed Institute
Profit & Loss
July 2019 through February 2020
Jul '19 - Feb 20
Payroll Expenses - Other
-0.12
Total Payroll Expenses
83,947.98
6250 • Postage and Delivery
25.00
6260 • Printing and Reproduction
724.25
Professional Fees
6271 • Accounting
125.00
Total Professional Fees
125.00
Program Expense
6282 • Fees
4,230.64
6283 • Project subcontractors
23,306.50
6286 • Overrun
154.37
Total Program Expense
27,691.51
6290 • Rent
8,400.00
Repairs and Maintenance
6320 • Computer Repairs
300.00
Total Repairs and Maintenance
300.00
Supplies
6420 • Field Supplies
2,759.80
6440 • Office Supplies
3,129.90
Total Supplies
5,889.70
Taxes
6510 • Property Taxes
1,799.29
6520 • Tax - State Excise
1,865.47
Total Taxes
3,664.76
Telephone/communications
6660 - Mobile phone
824.32
6620 • Telephone - Local
1,152.50
6630 • Telephone - Long Distance
183.35
Total Telephone/Communications
2,160.17
Travel & Ent
6720 • Meals
138.60
Total Travel & Ent
138.60
Utilities
6810 - Gas and Electric
-169.07
Utilities - Other
137.33
Total Utilities
-31.74
Total Expense
173,315.35
Net Ordinary Income
76.13
Net Income
76.13
Page 2
11:32 AM
03/25/20
Accrual Basis
Northwest Watershed Institute
Balance Sheet
As of February 29, 2020
Feb 29, 20
ASSETS
Current Assets
Checking/Savings
1020 - Checking - Kitsap
4,559.04
Total Checking/Savings
4,559.04
Accounts Receivable
1200 - Accounts Receivable
4,099.87
Total Accounts Receivable
4,099.87
Other Current Assets
1260 • Prepaid Insurance
2,963.00
1300 - Employee advance
78.96
Total Other Current Assets
3,041.96
Total Current Assets
11,700.87
Fixed Assets
1554 - Trailers
4,000.00
1512 - Vehicle - Ford pickup
4,150.00
1530 - Kubota Tractor
16,709.10
1510 • Office equipment
7,666.35
1520 - Vehicle - Toyota pickup
3,007.00
Property
844,298.39
1590 - Accumulated Depreciation
-33,214.00
Total Fixed Assets
846,616.84
Other Assets
1606 • Jeffco DCD - Bond Reinertsen
4,388.40
Total Other Assets
4,388.40
TOTAL ASSETS
862,706.11
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2000 - Accounts Payable
1,278.98
Total Accounts Payable
1,278.98
Other Current Liabilities
2100 - Payroll Liabilities
5,069.25
2250 • Rental Security Deposit
1,400.00
Total Other Current Liabilities
6,469.25
Total Current Liabilities
7,748.23
Long Term Liabilities
2603 - Land loan - Freeman (2018)
60,000.00
2502 • Land loan - Crosby
60,000.00
2501 - Land loan - Kittredge
100,000.00
Total Long Term Liabilities
220,000.00
Total Liabilities
227,748.23
Page 1
11:32 AM Northwest Watershed Institute
03/25/20 Balance Sheet
Accrual Basis As of February 29, 2020
Feb 29, 20
Equity
1110 • Retained Earnings 634,881.75
Net Income 76.13
Total Equity 634,957.88
TOTAL LIABILITIES & EQUITY 862,706.11
Page 2
11:23 AM Northwest Watershed Institute
03/25/20 A/R Aging Summary
As of February 29, 2020
Current
1 - 30
31 - 60
61 - 90
> 90
TOTAL
ADMIN-001 0.00
0.00
0.00
0.00
0.00
0.00
COAS-001 0.00
4,099.87
0.00
0.00
0.00
4,099.87
TOTAL 0.00
4,099.87
0.00
0.00
0.00
4,099.87
Page 1
EXHIBIT D
Jefferson County Conservation Futures Program Manual for the 2020 Funding Cycle
11 Upper Tarboo Creek Wetlands Acq & Res Project
r /l,9s'�' NCrKO;
Jefferson County Conservation Futures Program Manual
2020 Funding Cycle
Jefferson County Conservation Futures Program Manual
2020 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of
public open spaces, those open spaces being necessary for the health, welfare, benefit and
safety of the residents of Jefferson County and the maintenance of Jefferson County as a
desirable place to live, visit and locate businesses.
Conservation Futures Citizen's Oversight Committee Membership (as of September 4, 2019)
Phil Andrus, Citizen, District #2
Mary Biskup, Citizen, District #1
Scott Brinton, Interest — Agriculture
Lige Christian, Citizen, District #3
JD Gallant, Citizen, District #3
Joanne Pontrello, Citizen, District #2
Rob Harbour, Interest — Working Lands
Ray Hunter, Interest — Fallow Farms
Richard Jahnke, Interest — Coastal Areas
Craig Schrader, Interest — Climate Change
Lorna Smith, Interest — Ecotourism
Dave Seabrook, Interest — Food Security
David Wilkinson, Citizen, District #1
Table of Contents
Overview...................................................................................................3
Conservation Futures Citizen Oversight Committee (CF Committee)............................4
ProjectSelection...........................................................................................4
Information Sources......................................................................................4
Reimbursement...........................................................................................5
Compliance with All Laws...............................................................................5
RecordRetention..........................................................................................6
Acquisition Projects.......................................................................................6
Operation and Maintenance (O&M) Projects.........................................................9
Required Meeting and Site Visit......................................................................
I I
Grant Notification and Agreement.....................................................................I
I
AnnualReports...........................................................................................I I
ProjectChanges..........................................................................................I
1
ProgramSuggestions.....................................................................................12
Forms and Templates.....................................................................APPENDIX
A
Project Agreement Template
Annual Report Form Template
Please note: The 2020 CF Application and Scoresheet are available separately from
program staff.
Map of Approved Projects...............................................................APPENDIX
B
Definitions.................................................................................APPENDIX
C
2020 CF Program Manual FINAL 2
http://www. co. iefferson.wa.us/560/Conservation-Futures-Program
Overview
Jefferson County welcomes your application to the Conservation Futures Program (CF
Program). Please do not hesitate to contact Jefferson County Environmental Health
Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or
tpokomy@co.jefferson.wa.us. The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002, the county commissioners approved the Conservation Futures Ordinance, now
codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of
Washington (RCW) Chapter 84.34. The ordinance establishes goals for the county's
Conservation Futures Program and an allocation process for the conservation futures tax levy
The purpose of the CF Program is to acquire open space lands, including green spaces,
greenbelts, fish and wildlife habitat, trail rights -of -ways, agricultural land and timber land (as
those terms are defined in Ch. 84.34 RCW). Projects may include fee -simple or any lesser
interest or development right with respect to real property as well as operation and
maintenance (O & M) activities. O & M projects must be linked to CF-funded acquisitions.
A minimum 50% match is required for all project types. Match must be cash, land trades,
the value of land to be traded, or other open spaces linked to the property under
application. Open space, wildlife habitat, agricultural and timber lands are all eligible.
The project sponsor must sign a grant agreement with the county (see Appendix A).
County code (JCC 03.08.030(10)) requires that properties or easements be held by public
entities or others as defined in RCW 84.34.210. Government entities may choose to share
title of a property with a non-profit nature conservancy corporation or association. Public
open spaces must be available on the same conditions to all residents of the county for the
benefit of all Jefferson County residents and visitors. Applicants for projects may include
the county, municipalities, park districts, state or federal agencies, private non-profit
corporations or associations, and private individuals.
Project applicants must be represented by a local sponsoring organization based in Jefferson
County. Potential sponsors include local governments, special purpose districts and non-
profit corporations. A list of potential sponsors is available by contacting program staff. A
project sponsor is responsible for the content and submission of the application, organizing
and hosting a site visit, making a formal project presentation to the CF Committee, the
stewardship plan and its implementation, and all contracting, reporting, and reimbursement
obligations with Jefferson County.
Available funding is announced early in the calendar year and applications are
provided by Jefferson County Environmental Public Health. Conservation
Futures Fund monies can be the collateral, revenue stream or security for long-
term financing (typically bonds) in a manner consistent with law. Public
workshop(s) may be held prior to the start of the funding round. Staff is always
available to answer questions from sponsors, applicants, and interested parties.
This year, applications will be due Friday, March 27th, 2020 and sponsors host site visits and
present projects to the CF Committee later in March and in April. Information about the
application period is posted on the program website, announced in local newspapers and via
email, and available by contacting program staff. In April or May, the CF Committee meets
to rank projects, determine recommended funding levels, and compose its overall
2020 CF Program Manual FINAL
http://www. co.iefferson.wa.us/560/Conservation-Futures-Pro eram
recommendations to the Board of County Commissioners (BoCC). The BoCC typically
makes award determinations in July. Funding for reimbursement is generally not available
until August or later. At least every other year, the BoCC reviews the priorities of the
Conservation Futures Program and the project ranking process. All meetings of the
Conservation Futures Committee are open to the public. Citizens are encouraged to attend.
Conservation Futures Citizen Oversight Committee (CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests and
expertise. It includes at least two individuals from each commissioner district and at least
nine citizens total. Anyone interested in applying for a seat on the committee is encouraged to
contact the Board of County Commissioners Office Oeffbocc@co.jefferson.wa.us) and/or
program staff.
Project Selection
The CF Committee evaluates and ranks project applications according to criteria designed to
reflect the priorities expressed in the Jefferson County Code Section 03.08.040. This
evaluation process has five (5) distinct phases as follows:
1. Written project application: Each CF Committee member (CFCM) independently reads
and assesses each application and prepares any necessary clarification questions.
2. Site visits: Each CFCM must attend the project site visits (or view a video of the site
visit), where the applicant and/or the project sponsor will present the layout of the project
with reference to the written application and site maps. Additional questions posed by
committee members will be answered during this site visit.
3. Oral presentation of the project: Each CFCM must attend this meeting in which the
project sponsor presents the project and answers questions posed by the committee
members. Following the oral presentations, a deadline will be established for CFCMs to
submit additional questions to applicants (via county staff). After this set deadline for
additional questions, a second deadline will be established for the receipt of all answers
from applicants. After this second deadline no further additional information may be
requested, received or considered by the committee.
4. Submission of project ranking form: Each CFCM submits to county staff member a form,
which consists of questions that ask how well, in the committee member's judgement, an
applicant meets the criteria for approval and funding. The committee member assigns a
numerical "score" (within a range predetermined by the CF Committee) for each of the
questions. These question "scores" are totaled for an overall evaluation "score". A
committee composite "score", for each project application is obtained by taking the
average of the "scores". If a project application's composite "score" is 70% of the total
possible numerical value for a project "score" the project is considered worthy of funding
(i.e. eligible for). Projects "scoring" below 70% of the total possible numerical value for
a project "score" are not considered for funding unless compelling reasons for funding
arise in the final evaluation phase.
5. Ranking and recommendation for funding of project applications: Each project
application judged eligible in phase #4 is discussed, bringing into focus information
garnered from phases 1 through 4. All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project
applications and submitted to the Board of County Commissioners. The Committee will
provide justification to the Commissioners for any and all changes from the numerical
ranked order.
2020 CF Program Manual FINAL 4
http://www. co. iefferson.wa.us/560/Conservation-Futures-Prop,ram
Information Sources
The Conservation Futures Program is administered by the Commissioners' Office with
assistance from the Environmental Public Health Department. Please note that the
information contained in this manual does not supersede the statutes governing the Jefferson
County Conservation Futures Fund and Program, and should be read in conjunction with
them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34 (RCW
84.34) and the Jefferson County Code (JCC 03.08).
To access RCW 84.34 online, visit www.leg.wa.gov/Help/helpwithsearch.htm and click on
"Laws and Agency Rules." The Jefferson County Code is available online at
http://www.codepublishing.com/WA/JeffersonCounty.
Contact program staff at ph: 360/379-4498, fax: 360/379-4487 or send an email to
tpokomy@co.jefferson.wa.us.
Reimbursement
All grants are funded through the Jefferson County Conservation Futures tax levy. Except in
the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved
settlement statement, and a preliminary title report, CF funds may be made available to the
title company shortly before closing for the direct costs of property acquisition and closing.
Please discuss dates for closings and loan periods with program staff to help ensure that grant
funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution of no less than the
amount of conservation futures funds awarded to the project before conservation futures tax
funds are reimbursed to that sponsor. This contribution may consist of-
* cash
• land trades if the valuation of the land to be traded is established by a valuation
arising from an appraisal generated by a Washington State Certified Licensed
Appraiser (Member of the Appraisal Institute MAI);
• the cash value of the land to be traded, excluding Jefferson County conservation
futures contributions; or
• other open spaces acquired within the previous two years that is situated either
directly adjacent to or could, in the sole discretion of the county, be directly linked
to the property under application.
• cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See
JCC 3.08.030(5).)
The funding request, reimbursement form and back up documentation may be submitted any
time during the project period. It is important to implement projects in as timely a manner as
possible and also to bill in a timely manner. Deeds and conservation easement documents
must be recorded by the Jefferson County Auditor's Office within 30 days of closing.
If matching funds are not secured within three years, the project may be required to re -apply.
2020 CF Program Manual FINAL
http://www.co.iefferson.wa.us/560/Conservation-Futures-Progyatn
Jefferson County must pre -approve easement language and will add restrictive language to
statutory warrantee deeds, or require the use of other legal instruments, to ensure
conservation of project and match properties in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement, grant program policies,
County policies and all applicable federal, state and local laws, orders, regulations and
permits.
Record Retention/Public Records Act
The project sponsor shall retain all books, records, documents, data and other materials
relevant to the agreement for a minimum of ten (10) years after the completion of the project.
Documents related to the expenditure of CF funds, by way of example only, purchase and
sale contracts, settlement documents, invoices, e-mails, expert reports and/or appraisals, are
Public Records subject to disclosure in accordance with the Public Records Act, Ch. 42.56
RCW, if requested by a citizen or entity. All meetings and activities of the CF Committee are
subject to the Open Public Meetings Act, Ch. 42.30 RCW. The public is always invited and
encouraged to attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria
in order to be considered for funding. Each application will receive an initial screening to
make sure that it is in compliance. Applicants are encouraged to submit pertinent materials
and documents, as appropriate, in addition to those items required. Multi -year acquisition
projects are permitted but require additional justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property, or property right, must be eligible for purchase as defined by state
law, RCW 84. 34.210 (i.e. "...protect, preserve, maintain, improve, restore, limit
the future use of, or otherwise conserve, selected open space land, farm and
agricultural land, and timber land...").
Conservation Futures funds cannot be used to acquire property, or a property
right, that will be used for active recreation purposes (including but not limited to
sports fields, playgrounds, recreation centers, swimming beaches or pools,
motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.
For the purposes of this application, passive improvements include, but are not
limited to, trails, interpretive centers, viewpoints, picnic areas, access, restrooms,
landscaping and parking.
2020 CF Program Manual FINAL 6
httv://www.co.iefferson.wa.us/560/Conservation-Futures-Progyam
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or federal
agencies, private non-profit corporations or associations, and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include county,
municipalities, park districts, or private non-profit corporations based in Jefferson
County. A current, but not necessarily comprehensive, list of eligible local sponsors may
be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property, including interests in real property
_Cost of related relocation of eligible occupants (includes administration)
_Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs (These are limited to 5% of the total cost of the
project.)
_Related legal costs excluding the cost of preparing application for conservation
futures funds.
_Baseline documentation
_Boundary survey
Cultural resources review (survey, excavation, on -site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or
interest in real property therein through the exercise of the power of eminent domain.
Eligible Operations & Maintenance Expenditures — Please note: Total 0 & Mawards are limited to
15% of the conservation futures funding available in any year — contact stafffor details.
Operations & Maintenance expenditures or match may include, but are not limited to:
_Cultural resources review (survey, excavation, on -site monitoring and data recovery)
_Demolition
_Fencing (if needed for public safety or resource protection)
_Noxious weed control
_Signage
_Special site -specific reports (e.g. stewardship reports)
Wetland identification and/or delineation
2020 CF Program Manual FINAL 7
httv://www.co.iefferson.wa.us/560/Conservation-Futures-Prograin
Stewardship Plan
Prior to reimbursement, sponsors must provide a stewardship plan that describes how the
property, or property right, will be maintained over time. Costs for stewardship plans are
eligible for operations and maintenance reimbursement only under "Special Reports" (not
as a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide
updates as they are generated. A title report and title insurance are to be issued in
conjunction with the property transaction.
Appraisals
Successful applicants must provide an independent appraisal (standard, narrative or
M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value
exceeds the assessed value at the time that reimbursement is requested. In no case shall
conservation futures funds dispersed exceed the grant amount awarded by the BoCC. No
appraisal is required for properties assessed at $20,000 or less.
The appraisal must:
be no more than 1 year old. A Supplemental Update by the original appraiser
may be required, at the discretion of the county, if the appraisal is more than
six months old.
include a current Title Report provided at the time of the most current
appraisal or update.
if timber, mineral or aquatic resources are to be included as value to the
appraisal, then the appraisal shall include a separate timber, mineral or
aquatic resources evaluation of value,
or
an opinion of value from a qualified representative of the real estate industry
or recent valuation from the Jefferson County Assessor's Office may be used
when the total assessed value does not exceed $20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program. However, the CF
Committee and/or the county may choose to select an appraisal for independent review
for any reason.
Project Implementation
At the time of purchase or the signing of a "purchase and sale agreement", the appraisal
must be no more than a year old unless an extended period is requested and approved by
the county, up to a total of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted electronically as a PDF to tpokornygco,jefferson.wa.us
except as noted below and specified in the application:
2020 CF Program Manual FINAL
htto://www. co. iefferson.wa.us/560/Conservation-Futures-Program
Proof of Willing Seller: A "Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A county assessment, certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries, clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a quarter -section map or other map of sufficiently
large scale, identify the boundaries of the proposed project.
Color Images: Provide six (6) different views of the property proposed for
acquisition. The images should show vegetation, terrain, waterfront, man-
made features, access roads, wetlands, unique characteristics, etc. Please
include captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
_ Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements (audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is submitted
from the same sponsor, the minutes or resolution should indicate the project
priority and how it was determined.
Operation and Maintenance Funding
Availability of Funds for O & M
Only projects that are acquired using conservation futures funds are eligible for O & M
funding. Requests for O & M funding should not exceed the available limit (consult with
program staff). Approved disbursements for operation and maintenance of interests in
real property purchased with conservation futures tax levy monies shall not in any
particular year be greater than fifteen percent (15%) of the conservation futures tax levy
monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property acquired with
Conservation Futures funds. Conservation futures tax levy funds appropriated for O & M
or interests in real property shall not supplant or replace any existing funding for
maintenance and operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County, municipalities, Park Districts, State or federal
agencies, private non-profit corporations or associations, and private individuals.
2020 CF Program Manual FINAL 4
htti)://www.cojefferson.wa.us/560/Conservation-Futures-Prograin
Sponsor Eligibility
All applicants must have a local sponsor. Eligible sponsors include the County,
municipalities, Park Districts, or private non-profit corporations based in Jefferson
County.
Application and Attachment Requirements for O & MProjects
All requested materials must accompany the application upon submission. If an item is
irrelevant to the project at hand, please explain why this is so.
Proof of Willing Seller: A "Willing Seller" letter confirming that the current
owner of the property proposed for acquisition is willing to sell.
Estimate of Value: A County assessment, certified appraisal of value, and/or
an estimate of value from the project sponsor.
Site Location Map: On a Jefferson County base map, or on a map of the
sponsoring agency's jurisdictional boundaries, clearly identify the location of
the proposed acquisition.
Project Boundary Map: On a Quarter -section map or other map of
sufficiently large scale, identify the boundaries of the proposed project.
Color Images: Provide six (6) images of the property proposed for
acquisition. The images should show flora, terrain, waterfront, man-made
features, access roads, wetlands, unique characteristics, etc. Please include
captions and an aerial view, if available.
Development Plan or Narrative: Provide a schematic or master plan map of
the project site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,
attachments must also include:
Proof of 501(c)(3) Status
_Current Budget
_Board Roster
Organization Chart or Staff Roster
_Most Recent Financial Statements (audited if possible)
_Copy of minutes or resolution documenting official action to submit
application for proposed acquisition. If more than one project is
submitted from the same sponsor, the minutes or resolution should
indicate the project priority and how it was determined.
Budget and Timeline
Attached to the first Annual Reporting Form must be a budget and timeline for
expenditure of O&M funding for the succeeding ten (10) years measured from the date of
approval by the BoCC.
Documentation of Match
A match of 50% must be documented with each invoice. Match guidelines are identical
for acquisition and O & M proposals. In -kind labor cannot be used as match.
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Reporting
Any project sponsor receiving O & M funds is required to submit a report each December
until those funds are expended. An expenditure summary that provides the following
information must accompany billing:
1) Date the payment was made.
2) The vendor and/or employee to whom the payment was made.
3) A description of what was purchased or what work and/or services were performed;
provide a description of what service or work was performed for the payroll costs
or by the sub -contractor.
Application and Attachment Requirements for O&M Projects
To apply for O & M funding for a project previously purchased using CF Funds, use the
standard application form. In question #1, refer to the original project title and year that
the project was approved followed by "O & M Request Only". If you feel that a question
is irrelevant to the project at hand, please explain why.
Required Meeting and Site Visit
Project sponsors are required to host a visit to the project site and make a formal presentation
to the CF Committee. The presentation should begin with an introductory project description
and be organized according to the sequence of questions listed on the Rating Sheet. Site visits
are videotaped by county staff.
Grant Notification and Agreement
Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes
their decision, usually in July. Sponsors will then be asked to sign a project agreement
(Appendix A) with Jefferson County. An informational template is provided with this
manual.
Annual Reports
Sponsors are required to submit an annual report by December 3 "' every year from the date of award
until three years after the CF funds are disbursed. Sponsors receiving O&M funds will also submit an
annual report for each year that O&M funds are expended. An annual report template is included with
this manual and will be provided to the project sponsor electronically. The progress report must address
changes in the project focus or purpose, progress in obtaining matching funding, and stewardship and
maintenance, as applicable.
Program Changes
Project sponsors are expected to implement funded projects as described in their application
to the CFF. However, occasional changes may be necessary to a given project's success. This
section describes the process by which a project sponsor can initiate a request for change. A
change occurs whenever the language contained in the application to the Conservation
Futures Fund no longer accurately or fully describes the project.
The Committee prefers that project change requests be presented as follows:
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1. Send a "letter", addressed to the CF Committee, to the program staff s email that
describes the desired change and its rationale in as much detail as possible. Also,
characterize the level of urgency for addressing the possible change. If at all
possible, provide this information at least two weeks ahead of the next scheduled
full committee meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change in a Microsoft Word version of the original
conservation futures application, and the County/Sponsor resolution or agreement
(as applicable), using Track Changes. Label new attachments with the current date.
Attach the document(s) to the email described above.
3. When the change request is included on a draft agenda, the sponsor should make
every effort to attend that meeting in person or by phone.
4. If the need for change is urgent, the Chair may call a special, ad hoc, meeting.
S. The following requests are considered particularly significant:
a. Parcel substitution
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
The CF Committee shall:
1. Review the request for change and ask questions of the project sponsor, as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote, consistent with the bylaws, on a motion to accomplish one or
more of the following:
a. Draft a statement to recommend the change for approval by the BoCC in
its current form
b. Ask the project sponsor to revise and resubmit the change request for a
future meeting
c. If the need for change is urgent, the Chair may call a special, ad hoc,
meeting
d. Reject the change and submit a statement to the BoCC to accompany the
request
Staff shall:
1. Work with the project sponsor and Committee chair to refine or clarify the
change request ahead of its presentation at the next Committee meeting, as
needed.
2. Forward the change request and Committee recommendations to the BoCC for
final determination at a regularly scheduled meeting.
3. Work with the Committee, and subcommittee(s) as applicable, to learn from
the change and determine if related updates to program materials are needed.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the
Conservation Futures Committee by letter or email via staff at the contact information on
page 3. Every CF Committee meeting also includes two public comment periods. Meeting
times are provided in newspapers and on the program website.
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APPENDIX A
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT AGREEMENT
(template only)
Project Sponsor:
Project Title:
Project Number:
Approval: Resolution No. xxx on xxx, 2020
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
(Sponsor), xxxxx, xxxxx, WA 983xx, 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 2020 Conservation Project Application for the
xxx. Conservation Futures Fund ("CFF") from Jefferson County in an amount not to exceed
$xxx will be used towards fee simple acquisition, by xxx, of the real property known in the
records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses, and $xxx
to reimburse for operations and maintenance expenses. The matching amount is provided by
xxx. Description of conservation easement or language in SWD (as applicable).
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 xxxx xx, 2019. The
Project reimbursement period for acquisition expenses will end on xxx xx, 2022 unless proof
of match is provided prior to this date. No expenditure made before xxx xx, 2019 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 $xxxxx 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 that exceed $xxx,xxx. In no event will the CFF funds expended for this purchase
exceed xxx percent (xx%) of the overall acquisition cost of APN xxx-xxx-xxx. This Project is
eligible for reimbursement of capital project and operations and maintenance expenditures as
described in the Jefferson County Conservation Futures Program Manual for the 2019
Funding Cycle.
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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 —
$
$
Project Sponsor
$
$
$
%
Contribution
Totals
$
$
$
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 2019 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
J. Contractor shall indemnify and hold harmless the County, its officers, and
employees, from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Contractor's own
employees, or damage to property occasioned by a negligent act, omission or
failure of the Contractor. Contractor shall be liable only to the extent of
Contractor's proportional negligence. The Contractor specifically assumes
potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work
or service required of the Contractor under this Agreement and, solely for the
purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 R.C.W. The
Contractor recognizes that this waiver was specifically entered into pursuant to
provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
K. 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.
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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
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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.
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.
L. 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.
M. 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
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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.
N. 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.
O. 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 ten (10) years after the date of the final payment to Sponsor. Copies shall be
made available upon request.
P. 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.
Q. 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 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.
R. 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.
S. 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.
T. 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.
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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 Conservation Futures Program 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 xxxxx (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
It
LOW
day of
Kate Dean, Chair
Jefferson Board of County Commissioners
Attested:
2020.
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Carolyn Gallaway, Deputy Clerk of the Board
Approved as to form:
Philip Hunsucker, Chief Civil DPA
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Jefferson County Conservation Futures Program
Annual Project Reporting Form (template only)
1. Project Sponsor:
2. Project Title:
3. Project Number:
4. Status:
S. Approval Date:
6. Project goals and objectives:
7. Parcel number(s):
8. Total acreage:
9. Easement:
Title:
Seller:
10. Fee Simple
Seller:
11. Month and year that CF funding was awarded:
12. a). Purchase price: b). Total project cost:
13. Amount of CF award:
14. Month and year of acquisition:
15. Entity holding title:
16. Entity responsible for stewardship:
17. Plans or agreements pertaining to this acquisition:
18. O& M funds received since acquisition (list by year):
19. Existing and on -going activities and projects (for each O & M activity that has
occurred since December 31 st of the previous year, please provide supporting
documentation):
20. New events, activities, projects (for each O & M activity that has occurred since
December 3 1 ' of the previous year, please provide supporting documentation):
21. Needs and challenges:
22. General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature
Date
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Appendix B
E Conservation Futures
jeffcrsnn County, Washington
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t 1 ..-
r..
t �y
� u
T y I
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Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee" means the Jefferson County
conservation futures citizen oversight committee established under this chapter.
"Conservation futures fund" means the Jefferson County conservation futures fund
established under this chapter.
"Conservation futures tax levy" means that Jefferson County tax levy upon all taxable
property in Jefferson County authorized by RCW 84.34.230.
"County" means Jefferson County and/or its conservation futures citizen oversight
committee.
"Cultural resources" means archeological and historic sites and artifacts, and traditional
religious ceremonial and social uses and activities of affected Indian Tribes and
mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space
land" means the fee simple or any lesser interest or development right with respect to real
property including, but not limited to, conservation futures, easements, covenants or other
contractual rights necessary to protect, preserve, maintain, improve, restore, limit the
future use of or conserve selected open space land, farm and agricultural land and timber
land (as those terms are defined in Chapter 84.34 RCW).
"Project" means open space land, or any lesser interest or development right in specific
real property, to which Jefferson County conservation futures tax levy funds are allocated
for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02
§ 1]
"Silviculture" means the practice of controlling the establishment, growth, composition,
health, and quality of forests for the production of forest products.
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