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Port Townsend, WA 98368
9e eAson www.JeffersonCountyPublicHealth.org
Public He� Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: ,_... 1.jtviorv. si‘
Osfi�
SUBJECT: Agenda Item L North Olympic Salmon Coalition: Restoration at the Chimacum
Confluence MOU; Upon Signature — December 1, 2022; $25,600
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the MOU with the North Olympic Salmon Coalition (NOSC)
for the Restoration at the Chimacum Confluence; Upon Signature — December 1, 2022; $25,600.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This MOU with the North Olympic Salmon Coalition (NOSC) will provide the means for Jefferson County to
conduct due diligence as part of the Restoration at the Chimacum Confluence project, which involves a
property located at the confluence of two forks of Chimacum Creek along Old Hadlock Road that is subject to
liens as a result of litigation between the County and the landowner. Anticipated activities to be supported by
this MOU include an appraisal, appraisal review, environmental site assessments, and salaries needed to
facilitate a possible settlement between the County and the landowner that could make available a portion of
the property for restoration and protection.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project is provided by a pass through grant from NOSC. There is no match requirement.
RECOMMENDATION:
JCPH Management recommends BOCC signature for the MOU with the North Olympic Salmon Coalition for the
Restoration at the Chimacum Confluence project; Upon Signature — December 1, 2022; $25,600.
REVIEWED BY:
0222
Mark McCauley, erim County Administrator Date
l
i r
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f) 360-379-4487
Always working for a safer and healthier community
E H-21-071
AGREEMENT ON COOPERATION FOR RESTORATION AT
THE CHIMACUM CREEK CONFLUENCE
Between
Jefferson County
and the
North Olympic Salmon Coalition
This Agreement on Cooperation for Restoration at the Chimacum Creek Confluence (this
Agreement) is by and among the North Olympic Salmon Enhancement Group (NOSC), a 501c3
non-profit group, and Jefferson County (the County).
WHEREAS,NOSC and the County have collaborated since 2020 towards the restoration
and protection of a property located at the confluence of the mainstem and East Fork of Chimacum
Creek(confluence)to achieve multiple ecological and community benefits; and,
WHEREAS, acquisition of floodplain properties is necessary to the vision of
reestablishing natural, self-sustaining fish and wildlife habitat and to recovering salmon in
Chimacum Creek; and,
WHEREAS, property owned by Michael Anderson (landowner) on Old Hadlock Road
(the property) abuts Chimacum Creek, at the confluence; and,
WHEREAS, the property and other property owned by the landowner is subject to liens,
as a result of litigation between the County and the landowner and the County is considering a
possible settlement with the landowner that would involve dedication of a portion of the property
for restoration and protection at the confluence; and,
WHEREAS, information and data for due diligence is needed to facilitate the possible
settlement that could make available a portion of the property (site) for such restoration and
protection; and,
WHEREAS, this project has been funded wholly or in part by the United States
Environmental Protection Agency under assistance agreement PC-01J22301 through the
Washington Department of Fish and Wildlife to acquire properties from willing landowners for
the purpose of habitat restoration(Attachment A); and,
WHEREAS,the County may take fee simple title to a portion of the property or easement
should an agreement with the landowner be reached; and,
WHEREAS, NOSC and the County will coordinate further on restoration efforts of the
Chimacum Creek floodplain; and,
WHEREAS,NOSC and the County acknowledge the mutual benefit of partnering in order
to make the best and most efficient use of grant resources.
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EH-21-071
NOW, THEREFORE, based on the mutual understanding made in this Agreement, the
parties agree as follows:
1. Effective Date. The effective date of this Agreement is the date that the last party signs
this Agreement.
2. Project.The Project is to obtain information and data for due diligence needed to facilitate
a possible settlement between the County and the landowner that could make available a
portion of the property for restoration and protection.
3. Term of this Agreement. This Agreement shall be in effect until December 1, 2022,
unless extended in writing by both parties as an amendment to this Agreement.
4. Cooperation. NOSC and the County shall coordinate further on restoration efforts of the
Chimacum Creek floodplain through the Project, as follows:
4.1. The North Olympic Salmon Coalition shall:
4.1.1. Provide the means to support due diligence efforts by Jefferson County for
the project. It is the responsibility for the NOSC to provide the means for
these actions, including appraisal, appraisal review, environmental site
assessments costs, and salaries and benefits not to exceed$25,600.
4.1.2. Retain and pay any contractors to provide the deliverables listed below and
provide copies of them to the County as the client. Contractors shall use the
Hazardous Substances Certification and checklist provided in the RCO
Acquisitions Policies Manual procedures as a Phase I Assessment.
4.1.3. Deliverables will include unless otherwise noted:
4.1.3.1. An appraisal;
4.1.3.2. Appraisal review:
4.1.3.3. Phase I Environmental Assessment;
4.1.3.4. Phase II Environmental Assessment or other environmental
data collection, if necessary;
4.1.4. The appraisal shall be performed in accordance with the "Uniform
Appraisal Standards for Federal Land Acquisitions" by a state-certified
general appraiser that complies with these standards
(https://www.justice.gov/file/408306/download). A state-certified or
licensed review appraiser will also conduct a review appraisal.
Documentation will consist of parcel number identification and approval, a
vicinity map and parcel map, and a self-contained appraisal with review
appraisal.
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4.2. Jefferson County shall:
4.2.1. As a condition of acquisition of the site, will provide certification that:
4.2.1.1. Any hazardous substances found have been remediated to
the cleanup standards in WAC 173-340-360(2); and,
4.2.1.2. Use reasonable efforts to settle with the landowner, in a
manner that allows the site to be restored and protected; and,
4.2.1.3. Complete due diligence required for any acquisition of the
site through a settlement agreement with the landowner. The
parties agree that the completion of the documents required
as the deliverables in Section 4.1.3 satisfy the due diligence
process outlined in the Acquisition Procedures in Section 4
of the Recreation and Conservation Office (RCO)
Acquisition Manual (Manual 3) (https://rco.wa.gov/wp-
content/uploads/2019/07/Manual3.pdf).
5. Estimated Timeline. An estimated timeline for accomplishing the tasks associated with
this Agreement and consistent with the applicable grant(s) is below.
December 2021 Agreement approved and signed by both parties
December 2021 — • Appraisal
December 2022 • Appraisal Review
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
6. Indemnity. NOSC and the County shall indemnify, defend and hold harmless the other
party, its party, its officers, officials, employees, agents and volunteers (and their marital
communities), from and against any and all claims, losses or liability, or any portion
thereof, including attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death of either party's own employees, or damage
to property occasioned by a negligent act, omission or failure related to the project.
7. Grant Funding Withdrawn, Reduced or Limited. If NOSC determines in its sole
discretion that the funds it relied upon to establish this Agreement have been withdrawn,
reduced or limited,or if additional or modified conditions are placed on such funding after
the effective date of this Agreement but prior to the normal completion of this Agreement,
then the NOSC, in its sole discretion, may: (1) Terminate this agreement; (2) Renegotiate
this Agreement under the revised funding conditions; or, (3) Suspend performance under
this Agreement upon five (5) business days' advance notice to the County, if NOSC
determines that there is a reasonably likelihood that the funding insufficiency may be
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resolved in time to allow NOSC's performance to resume prior to end of the term of this
Agreement.
8. Termination. Either NOSC or the County may terminate this Agreement upon thirty(30)
days written notice to the other party.
9. General Terms.
9.1. Nothing in this Agreement implies an obligation for NOSC to provide the means to
support a grant other than the project discussed in Section 2.
9.2. Notices:
Notices to NOSC shall be sent to the following addresses:
Rebecca Benjamin, Executive Director
North Olympic Salmon Coalition
PO Box 197
Port Townsend, WA 98368
Cell: (360) 302-1447
Office: (360) 379-8051
Email: sdoyle@nosc.org
Notices to the County shall be sent to the following address:
Tami Pokorny,Natural Resources Program Coordinator
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Email: tpokorny@co.jefferson.wa.us
9.3. Each party to this Agreement, and each individual signing on behalf of each party
hereby represents and warrants to the other that it has full power and authority to
enter this Agreement and that its executive, delivery and performance of this
Agreement has been fully authorized and approved and that no further approvals or
consents are required to bind such party.
9.4. It is understood and agreed that this Agreement is entered into in the State of
Washington. This Agreement shall be governed by and construed in accordance
with the laws of the United States, the State of Washington and the County of
Jefferson, as if applied to transactions entered into and to be performed wholly
within Jefferson County,Washington between Jefferson County residents.No party
shall argue or assert that any state law other than Washington law applies to the
governance or construction of this Agreement.
9.5. Should either party bring any legal action, each party in such action shall bear the
cost of its own attorney's fees and court costs. The venue for any legal action shall
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be solely in the appropriate state court in Jefferson County, Washington, subject to
the venue provisions for actions against counties in RCW 36.01.050.
9.6. This Agreement memorializes the entire agreement of the parties and all parts of
this Agreement are contained in this Agreement. The parties agree that: No
representation or promise not expressly contained in this Agreement has been
made;they are not entering into this Agreement based on any inducement,promise
or representation, expressed or implied, which is not expressly contained in this
Agreement; and, this Agreement supersedes all prior or simultaneous
representations,discussions,negotiations, and agreements,whether written or oral,
within the scope of this Agreement.
9.7. No consent by either party to,or waiver of,a breach by either party,whether express
or implied,shall constitute a consent to,waiver of,or excuse of any other,different,
or subsequent breach by either party.
9.8. No term or provision of this Agreement will be considered waived by either party,
and no breach excused by either party, unless such waiver or consent is in writing
signed on behalf of the party against whom the waiver is asserted. Failure of a party
to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
9.9. The terms of this Agreement are not severable. If any provision of this Agreement
or the application of this Agreement to any person or circumstance shall be invalid,
illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be enforceable.
9.10. This Agreement shall be binding upon and inure to the benefit of the parties'
successors in interest,heirs and assigns.
9.11. The parties do not intend,and nothing in this Agreement shall be construed to mean,
that any provision in this Agreement is for the benefit of any person or entity who
is not a party.
9.12. This Agreement may be amended or supplemented only by a writing that is signed
by duly authorized representatives of all the parties.
9.13. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which counterparts together shall constitute the
same instrument which may be sufficiently evidenced by one counterpart.
Execution of this Agreement at different times and places by the parties shall not
affect the validity of this Agreement, so long as all the parties execute a counterpart
of this Agreement.
9.14. The parties agree that facsimile and electronic signatures shall have the same force
and effect as original signatures.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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DATED this / 7 ' day of 2�'C 'G� � ,2021
North Olympic Salmon Coalition
By:
Rebecca Benjami
Executive Direct r
Jefferson County
By
, Chair
Jefferson Board of County Commissioners
Attest/Authenticated:
By:
Carolyn Gallaway, Date
Deputy Clerk of the Board
APPROVED AS TO FORM
By:December 9, 2021
Philip C. Hunsucker, Date
Chief Civil DPA
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