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HomeMy WebLinkAboutCFC DECEMBER 6 2022 Special Meeting Packet 4:00 – 4:10 Welcome and Introductions Acceptance of the April 26, 2022 and October 4, 2022 Minutes 4:10 – 4:15 Public Comment Period – All Topics 4:15 – 4:20 Old Business Bylaws – Staff Update 4:20 – 4:40 Sub-Committee Reports 2023 Cycle Program Materials Recommendations 4:40 – 5:20 New Business CFF Committee Recommendations to BoCC for 2023 Cycle Application Process – Discussion/Potential Action ` Manual, Application & Scoresheet – Discussion/Potential Action Possible Future Directions – Discussion 5:20– 5:25 Announcements/Administrative Staff Update Next Meeting: Discussion/Potential Action 5:25 – 5:30 Public Comment Period – All Topics 5:30 Adjourn Conservation Futures Citizen Oversight Committee Special Meeting Agenda Tuesday, December 6th, 2022 4:00 PM – 5:30 PM JCPH Pacific Room; 615 Sheridan St., Port Townsend (This is a healthcare facility, and masks are required.) THIS IS A HYBRID MEETING: Virtual and In-Person Attendance You may submit comments/correspondence to tpokorny@co.jefferson.wa.us up to 11:59 p.m. the day before the meeting. Join Zoom Meeting: https://us02web.zoom.us/j/84183954436 Meeting ID: 841 8395 4436 +12532050468,,84183954436# +12532158782,,84183954436# Officers: Chair - Vacant Vice Chair Guy Dobbins, District 3 Members: Vacant, District 2 Mary Biskup, District 1 Rob Harbour, Interest – Working Lands Richard Jahnke, Interest – Coastal Areas Cameron Jones, Interest—Equity Kalyn Marab, District 3 Joanne Pontrello, District 2 Ron Rempel, Interest – Wildlife Conservation Biology Craig Schrader, Interest – Climate Change Jessica Randall, Interest – Ecosystem Services David Wilkinson, District 1 Staff: Tami Pokorny, Natural Resources Program Coordinator http://www.co.jefferson.wa.us November 8, 2022 * Decisions and action items are indicated in bold font. Members Present: Phil Andrus, District 2; Mary Biskup, District 1; Rob Harbour, Interest – Working Lands; Richard Jahnke, Interest – Coastal Areas; Cameron Jones, Interest – Equity; Kalyn Marab, District 3; Jessica Randall, Interest – Ecosystem Services; District 2; Ron Rempel, Interest – Wildlife Conservation Biology; Craig Schrader, Interest – Climate Change; Dave Wilkinson, District 1 Members Absent: Guy Dobyns, Vice Chair, District 3; Joanne Pontrello, District 2 County Staff Present: Tami Pokorny, Environmental Public Health Others Present: Rebekah Brooks, Recorder (Rebekah Brooks Contracting) I. Call to Order Acting Chair Mary Biskup called the meeting to order at 4:02 in Guy Dobyns’ absence. II. Welcome and Introductions III. Approval of Minutes The April 26, 2022 and October 4, 2022 JC CFCOC Minutes were both accepted by consensus as written. IV. Public Comments None V. Old Business A. Bylaws: Staff Update Tami Pokorny reported that since the last CFCOC meeting, she had spoken with the County administrator and the prosecuting attorney’s office a couple of times, but the Bylaws have not been prioritized for review. She suggested submitting the Bylaws to the Conservation Futures Citizen Oversight Committee (CFCOC) Special Meeting: Hybrid between Jefferson County Public Health Pacific Room and Zoom Connection November 8, 2022 from 4:00 to 6:00 PM Draft Summary Board of County Commissioners along with the other Committee materials or separately so that attention to the Bylaws is encouraged. VI. Sub-committee Reports A. Program Materials Ron Rempel gave an update on the two Subcommittee meetings that were held to discuss revision of the CFCOC materials, specifically regarding encouraging applicants from underserved communities and making changes for more concrete objectives in the application and scoring process. VI. New Business A. New Perspectives: Equity and Underserved Communities Cameron Jones presented on Equity in Jefferson County Conservation Futures Fund, acknowledging the history of conservation and Madison Grant, who was a co-founder of American environmentalism and integral to the development of wildlife management but also a proponent of eugenics. Grant wrote The Passing of the Great Race, or The Racial Basis of European History, which influenced Mein Kamp and the Immigration Act of 1924 that restricted immigration from eastern and southern Europe, Africa, the Middle East, and Asia. There is a legacy of white supremacy and colonialism in conservation that is not always realized. Cameron referenced the article From Racialized Neocolonial Global Conservation to an Inclusive and Regenerative Conservation by Prakash Kashwan, which explains how the National Park model is based on colonial legacies, and promotes an inclusive and regenerative environmentalism and incorporating people and community into conservation. King County Conservation Futures funds projects that seek to redress historical inequities through a match waiver and a process to determine equity. King County Land Conservation Advisory Group uses equity as an overarching theme and emphasizes engaging cities and communities to support not only the land, but also the people on the land. Cameron highlighted a possible case study from Quilcene: the Kawamoto Wipala project, which focused on bringing equity and conservation together holistically. More information on the project can be found at https://kawamotowipala.holisticsustainabilites.org. He suggested reaching out to sponsor organizations about their experience with equity and potential barriers in bringing together people with different views of conservation. B. New Perspectives: Climate Change, the Future of Conservation, and Legacy Forests Jessica Randall presented on the conservation value of forests and ecosystem services, which are really changing in terms of climate change. It is important to support forests that sustain diverse species and that can withstand wildfires to preserve precious lands that are not only entities within themselves, but also actively supporting other services like salmon, shellfish, other wildlife, clean water, clean air, carbon offsets, and climate resilience. Older growth forests that sustain these services are being referred to as legacy forests. They do not necessarily need to be old growth forests if they have been allowed to grow in a natural way. Jessica shared a summary of changes to land cover categories and ecosystem service values from the Federal Emergency Management Agency 2022 Ecosystem Services Handbook that shows how the value of forests have gone from $554 per acre per year in 2014 to $12,589 per acre per year in 2021. The Board of County Commissioners recognize the value of legacy forests in terms of their contribution to ecosystem services and are focused on conserving and sustaining as much legacy forestland as possible. In Jefferson County, there are 9,300 acres out of 14,000 acres of Department of Natural Resources land that are considered legacy forests. Jessica encouraged the CFCOC to recognize the importance of these lands and give them the credibility and value that they deserve. The legacy forests are integrated into everything else that the CFCOC is trying to preserve. She displayed calculations from two units that are going to be logged for revenue distribution for a value of $20,480. If the stands would have been protected, they would have generated an estimated $506,050 in ecosystem services like water storage, recreation, air quality, disaster risk reduction, soil retention, water quality and supply, habitat, and carbon sequestration. She emphasized the importance of updating the CFCOC materials to reflect the recent information about legacy forests, climate change, and ecosystem services. Phil Andrus requested comments from Jessica and Cameron on each other’s presentations. Jessica supported Cameron’s presentation, and agreed that we need to have open arms to immigrants. Instead of lands and resources going from a small select group to another small group, she encouraged the Committee to think about how to invite people from other racial and economic communities to apply. Cameron agreed with Jessica’s points and noted how Jessica’s presentation was in alignment with the holistic approach he advocated for. He was talking about things on a smaller scale, and Jessica was looking at the bigger picture, so the two approaches were complimentary. Discussion followed among the group. Rick Jahnke supported and appreciated both presentations, but pointed out that the CFCOC was charged with caring for lands in perpetuity, so applicants need to be invited in a way that allows for perpetual stewardship. He anticipated a whole new set of subcommittee meetings to work with these new ideas, not just tweaking Committee documents. Jessica was respectful of the CFCOC process, and the time it would take to make gradual changes. Cameron added his appreciation for the practical side, and agreed that promoting collaborations with sponsors and the community to find changes that work with the goal of perpetuity was a long-term objective. C. Application Process Ron Rempel thanked the other Subcommittee members Cameron Jones, Jessica Randall, and Kalyn Marab, and explained that the Subcommittee struggled with how to make major shifts one step at a time. Subsequent subcommittees will be needed to follow up on taking measures over time. Input from sponsors and new groups is all needed on how to encourage the things that are important to the CFCOC. D. Manual, Application, and Scoresheet The group reviewed the Manual, Application, and Scoresheet for potential changes suggested by the Subcommittee, starting with the Application. In #10 under the Project Description, some language was added about metrics, objectives, and time frame. Dave Wilkinson pointed out that the time frame and metrics might be helpful for the Committee in understanding the project, but they had limited ability to enforce them. Tami Pokorny noted that the longest amount of time the Committee could require a report from a sponsor was 14 years: every year until an acquisition goes through and up to 10 years afterward for operations and maintenance. In #5 of the Scoresheet and Application, a requirement was added that the identified plan be publicly available. Rick Jahnke added a request to make the Application and Scoresheet identical in format. The group agreed to make the bold type identical between the two documents, and added bullet points with a sliding scale to the options under #5 in the Scoresheet. In #7, “conservation values” was changed to “conservation objectives” in the Application and Scoresheet. #7b. was added to the Application as “Summarize how the project’s conservation values are related to the project’s specific objectives.” Discussion followed on how to quantify objectives and scores. Jessica Randall stressed the importance of getting scientific research and measurable scores in place for future decisions when there will be more pressure and competition due to climate change. In #10b. of the Application, “on the farm” was removed from the end of the sentence. The group discussed how to quantify climate change resilience in question 11. In the Application, #11a. was clarified to end “and is the project’s scale significant in regards to increasing climate resiliency?” In the Scoresheet, #11 was updated to bullet points with a sliding scale for direct and indirect benefits. In the Scoresheet and Application, #13 had a line added: “does not reduce conservation values of the project.” The group discussed the value of educating themselves and the public. As the room was needed, the meeting had to wrap up. The group decided to leave the documents as they had agreed on so far, and to schedule a brief meeting to finish the discussion on #13, and address any changes to the Manual. All CFCOC materials must be submitted to the Board of County Commissioners by the first or second week of December. E. Funding Round Calendar A meeting was scheduled for 12/6/22 at 4:00 PM for the full CFCOC. The Subcommittee will meet prior to that. *Tami Pokorny will distribute presentation materials from Cameron Jones and Jessica Randall, the revised documents from this meeting, any documents from the Subcommittee meeting, and the Manual. VII. Announcements/Administrative A. Next Meeting The next CFCOC meeting will be held on 12/6/22 at 4:00 PM. VIII. Public Comments None IX. Adjournment Acting Chair Mary Biskup adjourned the meeting at 5:53 PM. Action Items: *Tami Pokorny will distribute presentation materials from Cameron Jones and Jessica Randall, the revised documents from this meeting, any documents from the Subcommittee meeting, and the Manual. Meeting summary prepared by Rebekah Brooks. Jefferson County Conservation Futures Program Manual 20232 Funding Cycle 2 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Jefferson County Conservation Futures Program Manual 20232 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 Fund Citizen’s Oversight Committee Membership (as of November 30, 20221) Phil AndrusVacant, Citizen, District #2 Mary Biskup, Citizen, District #1 Scott Brinton, Interest – Agriculture Vacant, Citizen, District #3 Guy Dobyns, Citizen, District #3 Joanne Pontrello, Citizen, District #2 Rob Harbour, Interest – Working Lands Richard Jahnke, Interest – Coastal Areas Cameron Jones, Interest – Equity Kalyn Marab, District 3 Joanne Pontrello, Citizen, District 2 Ron Rempel, Interest – Wildlife Conservation Biology Craig Schrader, Interest – Climate Change Lorna SmithJessica Randall, Interest – Ecotourism Ecosystem Services Dave Seabrook, Interest – Food Security Ron Rempel – Wildlife Conservation Biology David Wilkinson, Citizen, District #1 Table of Contents Overview…………………………………………………………………………………......3 Conservation Futures Fund Citizen Oversight Committee (CF Committee)………………………….…...4 Project Selection………………………….………………………………………………......4 Information Sources…………………………………………………………………….…....4 Reimburseement ………………………………………………………………………….…...5 Compliance with All Laws……………………………………………………………….......5 Record Retention……………………………………………………………………….….....6 Acquisition Projects………………………………………………………………………......6 Operation and Maintenance (O&M)………..…………………………………….…….…….9 Required Site Visit……………………..……………………………………………………11 Required Meeting…………………….…...…………………………………………………11 Annual Reports…………………………………………………….………………………...11 Project Changes……………………………………………………………………………...12 Program Suggestions…………………..………………………………………………….....13 Forms and Templates…………………………..………………………….……APPENDIX A Project Agreement Templates Annual Report Form Template 3 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Please note: The 20232 CF Application and Score ssheet are available separately from program staff. Map of Approved Projects…………….………………………………………..APPENDIX B Definitions………………………………………………………………………APPENDIX C Draft 2023 Program Calendar ………………………………………………….APPENDIX D Overview Jefferson County welcomes your application to the Conservation Futures Program (CF Program). Please do not hesitate to contact the program coordinator at Jefferson County Public Health with questions at Ph: 360/379-4498 or tpokorny@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, 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 forest 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 a past, or proposed, CF-funded acquisition. 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. Lands primarily for their oOpen space, wildlife habitat, agricultureal and timber forest values and their associated non-monetized ecosystem service values 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 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 County contracting, reporting, and reimbursement requirements. Available funding is announced early in the calendar year and applications are provided by Jefferson County 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 and are available by request throughout the year. The program coordinator is always available to answer questions from sponsors, applicants, and interested parties. 4 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program This funding cycle, applications will be due Friday, March 245th, 20232 and sponsors host site visits and present projects too the CF Committee later inin late March and/or early 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 the program coordinator. In April or May, the CF Committee meets to rank projects, determine recommended funding levels, and compose its overall recommendations to the Board of County Commissioners (BoCC). The BoCC typically makes award determinations in July. Approved project funds are not . Funding for reimbursement is generally not available to project sponsors 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 FuturesF Committee are open to the public. Citizens are encouraged to attend. Conservation Futures Fund Citizen Oversight Committee (CF Committee) The CFF 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 (jeffbocc@co.jefferson.wa.us) and/or the program coordinator at Public Health. Project Selection The CFF Committee scores 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 CFF Committee member (CFFCM) independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits: Each CFFCM must attend the project site visits (or view a video of the site visit). Questions may be posed by committee members and answered during this site visit or they may be held until the project presentations meeting. 3. Oral presentation of the project: Each sponsor and CFFCM must attend this meeting during which the project sponsor(s) present their project(s)and answer questions posed by the committee members. Following the oral presentations, a deadline will be established for CFFCMs 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 score sheets: Each CFFCM submits to the program coordinator a form for each project consisting 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 CFF Committee) for each of the questions and it is weighted by a predetermined multiplier. Individual scores for each project are recorded in a spreadsheet by the program coordinator. This spreadsheet is emailed to Committee membersCFFCMs as soon as all the scores are available and entered as soon as possible ahead of the meeting to rank projects. 5. During the meeting to rank projects, Committee membersCFFCMs will have an opportunity to ask questions of each other about scoring choices and interpretations of specific questions and may adjust their scores as desired. Afterwards, 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” or greater, 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 objective reasons for funding arise in the final evaluation phase. 5 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 6. 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 and in light of current funds available to the cycle. 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 in a memo from the CFF Committee chair or vice chair. The Committee will must provide justification to the Commissioners for any and all changes from the numerical ranked order. Information Sources The Conservation Futures Program is administered by the Commissioners' Office with assistance from Public Health. 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 https://app.leg.wa.gov/rcw.The Jefferson County Code is available online at http://www.codepublishing.com/WA/JeffersonCounty.. Contact the program coordinator at ph: 360/379-4498 , fax: 360/379-4487 or email tpokorny@co.jefferson.wa.us. Reimbursement All grants are funded by the Jefferson County Conservation Futures tax levy. After a public hearing is held, one or more project award resolutions may be passed by the Board of County Commissioners, usually in June or July. Project agreement(s) (Appendix A) between the County and the project sponsor are then developed to include the full scope of work as described in the original or updated application. A final draft grant deed of conservation easement or statutory warranty deed is requested to serve as an attachment to the agreement along with the project application and that year’s program manual. 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, the qualifying property appraisal, and the required documentation of the matching contribution, CF funds may be made available to the title company shortly before closing for the direct costs of property acquisition. Please discuss dates for closings with the program coordinator to help ensure that grant funds are ready and available when needed. The project sponsor will commit to providing a matching contribution consistent with the project application, and 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 Formatted: Indent: Left: 0" Formatted: Link, Font: 12 pt 6 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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).) 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. LConservation Futures language pre-approved by Jefferson County is required to be included in conservation easement documents or statutory warranty deeds in order to ensure adequate protections for project and match properties, and the public interest, 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 agreements, 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 CFF 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…”). 7 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program __ 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. 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. Stewardship Plan Prior to reimbursement, sponsors must provide a stewardship plan to the CFF Committee 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 8 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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 CFF 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 one or more PDF files to tpokorny@co.jefferson.wa.us: __ 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. 9 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program __ 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. Combination Acquisition/O & M Projects Projects that involve acquisition and O & M expenses are allowed and require that both sets of application materials be submitted Operations and Maintenance Projects (combination or standalone) Statement of Priority with regard to standalone O & M projects Due to the urgent need to protect farm, forest, habitat, and open space lands, the current priority of the Conservation Futures program is to fund high quality acquisition projects. Operations and Maintenance funding for completed acquisition projects may be approved in exceptional cases, when funding is available. 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 to be acquired, or previously 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. 10 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. Eligible Operations & Maintenance Expenditures – Please note: (with acquisition request or standalone for past projects) – Please note: Total O & M awards are limited to 15% of the revenue to the Conservation Futures Fund in the previous year. 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 Application and Attachment Requirements for O & M Projects 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. __ Narrative description of how the requested funds will support specific O & M activities; what problems or stewardship needs will be addressed by the project; how the proposed O & M activities will help implement the current Stewardship Plan for the site; probable phasing of project activities; and other information that will help describe the need for and scope of the project. — Simple budget describing how requested funds will be used and the source of matching funds. __ 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 activities. __ 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 images of portions of the property proposed for O & M activities. Please include captions, if available. __ Plan, map, or aerial photo of the project site showing proposed areas of maintenance or improvements, if applicable. — Copy of minutes or resolution documenting official action of project sponsor to submit application for project funding. 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. Documentation of Match A match contribution that equals the percentage of the project promised in the project application (no less than 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. An expenditure summary that provides the following information must accompany billing: Formatted: Indent: Left: 0" 11 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. Reporting Any project sponsor receiving O & M funds is required to submit a report each December until those funds are expended. 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 answer “N/A”. Required Site Visit Project sponsors are asked to host the CFF Committee on project site visit(s) and, beforehand, to obtain written permission from the landowner for a county employee to take photographs and make an unrestricted video recording of the project area. These materials are used to inform any CFFCMsCF Committee members not in attendance at the site visit(s) due to health considerations or other needs. The images will be kept on file and discoverable under the Open Public Records Act. If necessary, due to health and safety or other considerations, the project sponsor will arrange for one or two County employees to tape the video in the absence of any CF Committee membersCFFCMs. Required Meeting The sponsor must request and reserve the date that the CFF Committee will meet to hear project presentations. The sponsor should attend the meeting in person, if possible, and make a presentation that begins with an introductory project description and ideally is organized according to the sequence of questions listed on the Score Sheet. CF Committee membersCFFCMs are required to participate in both the project presentation and ranking meetings as well as the site visit (or view the site visit video) in order to be eligible to participate in funding recommendations. Annual Reports Sponsors are required to submit an annual report by December 31st 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. Project sponsors may demonstrate their long-term stewardship success or management of projects by submitting their site inspection reports annually. Addition Reportings 12 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program At their discretion, sponsors may provide annual reports to the CF Committee based on their own monitoring documents. After five years, if no information is received about a project, the CF Committee is more likely toshall request information about long-term monitoring activities unless by CF Committee action has determined the information is not needed. Five years after the final requisite annual report is submitted, sponsors should provide an update on their stewardship and monitoring of the project. At any time subsequent to this, the CFFC or program staff may also inquire as to project status. Project Changes Project sponsors are expected to implement funded projects as described in their application to the CFF. However, occasional changes may be necessary. 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. A proposed project change, such as a cost increase, parcel substitution or removal, or change in funding category (acquisition or O & M) or match ratio, typically requires that the CFF Committee first develop a recommendation for the BoCC to consider. The CFF Committee prefers that project change requests be presented as follows: 1. Send a “letter”, addressed to the CF Committee and Board of County Commissioners, in an email to the program coordinator describing the desired change(s) and need for it/them 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/internet. 4. If the need for change is urgent, the Chair may call a special, ad hoc, meeting. However, such a meeting requires that a quorum of committee membersCFFCMs is available to approve any recommendation to the BoCC. 5. The following change requests are considered particularly significant, and always requires CFF Committee review and recommendation to the BoCC: a. Parcel substitution or removal b. Increase in funding amount c. Reduction in percentage match d. Loss of conservation value e. Change in funding category (acquisition and/or O & M) The CFF 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. Reject the change and submit a statement to the BoCC to accompany the request 13 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Staff shall: 1. Work with the project sponsor and CFF Committee chair to refine or clarify the change request ahead of its presentation at the next CFF Committee meeting, as needed. 2. Forward the change request and CFF Committee recommendations to the BoCC for final determination at a regularly scheduled meeting. 3. Work with the CFF 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 CFF Futures Committee by letter or email via the program coordinator at the contact information on page 3. Every CFF Committee meeting also includes two public comment periods. MDraft meeting agendas are posted on the program website. 14 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix A GRANT AGREEMENT TEMPLATES (INFORMATIONAL ONLY) Fee Simple Acquisitions: JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: [SPONSOR (UBI Number: xxx xxx xxx)] Project Title: [PROJECT] Contract Number: [xxxxxxx] Approval: [Resolution No.] 1. Parties to this Agreement This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor), [ADDRESS]. 2. Purpose of this Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No. [NUMBER]. 3. Grant Administration The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor. 4. Description of Project The subject project is described in the Scope of Work (Appendix A). 5. Project Requirements [SPONSOR] shall implement a Conservation Futures Program project to acquire in fee simple title [NUMBER] via a statutory warranty deed of the parcels of land known in the records of the Jefferson County Assessor as APN#(s) [NUMBERS] (the Property), and as described in the [YEAR] Conservation Futures project application for [NAME] (Exhibit B) and [YEAR] Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution [NUMBER] (Exhibit D). The statutory warranty deed shall prevent subdivision while allowing for native forest management and habitat protections, or as described in the project application. Language must be included in the statutory warranty deed to protect the County’s interests and conservation values, including, at a minimum, the following: Grantee’s costs of acquiring the Property were provided in part by grant funding from the Jefferson County Conservation Futures property tax authorized by Washington law. Grantee hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized under RCW 84.34.230, including the obligation to ensure the long-term conservation of the Property in accordance with the terms and conditions of the statutory warranty deed, and to obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless 15 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program and only if other equivalent lands or interest in lands within Jefferson County are received by Grantee in exchange. 6. Period of Performance The Project reimbursement period for acquisition expenses shall begin on February 15, 2021 and end on February 15, 2024 unless proof of match is provided prior to this date. Work performed consistent with this Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. 7. Annual Reporting Required. Annual reporting by the Sponsor to the County is required every year on or before December 31st until three years after the acquisition funds are dispersed. 8. Project Funding The total grant award provided by the Conservation Futures Fund for the Project shall not exceed $69,500. The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of the Project. The Sponsor shall be responsible for no less than sixty-three (63%) percent of the total Project cost and all Project costs in excess of $187,838. The contribution by the Sponsor toward work on the Project shall be as indicated below. The contribution by the Conservation Futures Fund toward work on the Project is described immediately above and in “C” above. Acquisition O & M Totals % Match [PROJECT NAME] – Conservation Futures $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] Estimated Project Sponsor Contribution $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] Estimated Total Project Cost $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] 9. 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 within 30 days. 10. Modification of this Agreement All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall 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. 16 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 11. Indemnification Sponsor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities), 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 Sponsor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor’s proportional negligence. The Sponsor specifically assumes potential liability for actions brought against the County by Sponsor's employees, including all other persons engaged in the performance of any work or service required of the Sponsor under this Agreement and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW The Sponsor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this Agreement. 12. Insurance The Sponsor shall secure and maintain in force throughout the duration of this Agreement policies of insurance as follows: Workers Compensation Insurance. 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; 17 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program * 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 in this Agreement. Failure of the Sponsor to take out or maintain any required insurance shall not relieve the Sponsor from any liability under this 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 in this Agreement, 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 Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Sponsor. For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this Agreement. 18 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 13. Independent Contractor The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. The Sponsor specifically has the right to direct and control Contractor’s own activities and over all of its subcontractors, employees, agents and representatives in providing the agreed services in accordance with the specifications set out in this Agreement. 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 agrees to file all necessary governmental documents, including appropriate tax returns, reflecting income status as an independent contractor for services rendered to the County under this Agreement. 14. No Assignment The Sponsor shall not sublet or assign any of the services covered by this Agreement 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. 15. 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. 16. 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 into this Agreement by this reference as if fully set forth. 17. No Harassment of Discrimination Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory disability in the selection and retention of employees or procurement of materials or supplies. 18. Sponsor’s Accounting Books and Records The Sponsor shall maintain complete financial records relating to this Agreement 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 Agreement. The Sponsor’s records and accounts pertaining to this Agreement are to be kept available for inspection by the Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly authorized by the County shall have full access and the right to examine any of these materials during this period for a period of ten (10) years after the date of the final payment to Sponsor. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Copies shall be made available upon request. Records 19 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. 19. 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 Agreement. 20. Disputes Except as otherwise provided in this Agreement, 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 agreed upon by the parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior 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. Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute resolution is used. The parties shall bear their own costs and attorney’s fees in any dispute. The venue for any legal action shall 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. Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney’s fees. 21. Termination for Funding Jefferson County may unilaterally terminate this Agreement in the event funding from state, federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of this Agreement. 22. 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. 23. 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. 24. No Waiver Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 20 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. No term or provision of this Agreement shall 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. 25. 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. 26. Agreement Representatives All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to: Sponsor Contact Conservation Futures Program Contact Tami Pokorny 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. 27. Entire Agreement 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. 28. Severability Provided it does not result in a material change in the terms of this Agreement, 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 affected and shall be enforceable to the fullest extent permitted by law. 29. Survival Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall survive the term of this Agreement. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c) indemnification. 30. Binding on Successors, Heirs and Assigns This Agreement shall be binding upon and inure to the benefit of the parties’ successors in interest, heirs and assigns. 21 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 31. No Third-party Beneficiaries 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. 32. Signature in Counterparts 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. 33. Facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 34. Public Records Act Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Sponsor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, shall be a “public record” subject to production to a third party if it is requested pursuant to the Washington Public Records Act. 35. Effective Date of this Agreement This Agreement shall be effective upon signing by all parties. 36. Controlling Law 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. 37. Order of Precedence. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case law. 38. Force Majeure Neither party shall be in default by reason of any failure in performance of this Agreement, if such failure arises out of causes beyond a party’s control and without fault or negligence of such party, including but not limited to; (a) 22 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine restrictions. 39. Attachments Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement. 40. Representations and Warranties The parties represent and warrant that: (a) Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the party for whom signature is being made; (b) Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; (c) The making and performance of this Agreement will not violate any provision of law or of any party’s articles of incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this Agreement, that the terms of this Agreement are contractual and not merely recitals, and that they have signed this Agreement, having obtained the advice of legal counsel. DATED this ________________ day of ___________________, 20______. (SIGNATURES FOLLOW ON THE NEXT PAGE) 23 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: __________________________________ Heidi Eisenhour, Chair Date By: __________________________________ Greg Brotherton, Commissioner Date By: __________________________________ Kate Dean, Commissioner Date SEAL: ATTEST: _______________________________________ Carolyn Galloway Date Clerk of the Board Approved as to form only: ________________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney [SPONSOR] By: ____________________________ Signature Name: _________________________ Title: __________________________ Date: __________________________ 24 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A Scope of Work [SPONSOR], as project sponsor “Sponsor”, will perform the following tasks in order to implement the [PROJECT]: Task 1: Acquire Matching Contribution Sponsor shall secure the necessary matching contribution of no less than [xx percent (xx%)] of the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5). Deliverable 1a: Matching contribution(s) of no less than [xx%] of the total project cost. Task 2: Acquire Statutory Warranty Deed Sponsor shall acquire a statutory warranty deed grant deed on the Property that incorporates approved Conservation Futures Program language, including the language in item “C” of this Agreement. Deliverable 2a: Final draft statutory warranty deed. Deliverable 2b: Qualifying appraisal and estimated settlement statement (HUD-1). Deliverable 2c: Recorded statutory warranty deed for subject parcels. Deliverable 2d: Recorded statutory warranty deed(s) for match parcel(s), as applicable. Task 3: Stewardship Plan Sponsor shall provide a plan for stewardship. Deliverable 3a: Electronic copy of stewardship plan Task 4: Annual Reporting Sponsor shall monitor and report on the property as described in item “D” of this Agreement and submit required reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format provided for each year that it is required. Deliverable 4a: Completed annual reports. 25 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Exhibit A Final Draft Statutory Warranty Deeds Exhibit B [202x] Conservation Futures [PROJECT] Exhibit C [202x] Conservation Futures Program Manual Exhibit D Resolution No. [NUMBER] End Fee Simple Informational Template 26 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Conservation Easement Template: JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT GRANT AGREEMENT Project Sponsor: [NAME &UBI NUMBER] Project Title: [NAME] Contract Number: [xxxx] Approval: Resolution No. [NUMBER] 1. Parties to this Agreement This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor), [ADDRESS]. 2. Purpose of this Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No. [NUMBER]. 3. Grant Administration The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor. 4. Description of Project The subject project is described in the Scope of Work (Appendix A). 5. Project Requirements Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant deed of conservation easement (Exhibit A) for the 28-acre property known in the records of the Jefferson County Assessor as APN#(s) [NUMBERS] and as described in the [DATE] Conservation Futures project application for the [NAME] Project (Exhibit B) and [DATE] Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution No. [NUMBER] (Exhibit D). The grant deed of conservation easement shall prevent subdivision while allowing for forest management and habitat protections. Language must be included in the deed of conservation easement to protect the County’s interests and conservation values, including, at a minimum, the following: Grantee’s costs of acquiring this Easement were provided in part by grant funding from the Jefferson County Conservation Futures property tax authorized by Washington law. Grantee hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized under RCW 84.34.230, including the obligation to ensure the long-term conservation of the Property in accordance with the terms and conditions of this Easement, and to obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC 3.08.030(9), this Easement shall not be converted to a different use unless and only if other equivalent lands or interest in lands within Jefferson County are received by Grantee in exchange. 27 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 6. Period of Performance The Project reimbursement period for acquisition expenses shall begin on [DATE] and end on [DATE], unless proof of match is provided prior to this date. Work performed consistent with this Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. 7. Annual Reporting Required Annual reporting by the Sponsor to the County is required every year on or before December 31st until three years after the acquisition funds are dispersed. 8. Project Funding The total grant award provided by the Conservation Futures Fund for the Project shall not exceed $[AMOUNT]. The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of the Project. The Sponsor shall be responsible for no less than [AMOUNT] ([AMOUNT]%) percent of the total Project cost and all Project costs in excess of $[AMOUNT]. The contribution by the Sponsor toward work on the Project shall be as indicated below. The contribution by the Conservation Futures Fund toward work on the Project is described immediately above and in “C” above. Acquisition O & M Totals % Match [PROJECT NAME] – Conservation Futures $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] Estimated Project Sponsor Contribution $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] Estimated Total Project Cost $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT] 9. 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 within 30 days. 10. Modification of this Agreement All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall 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. 11. Indemnification Sponsor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities), 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 Sponsor’s own employees, or damage to property occasioned by a 28 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program negligent act, omission or failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor’s proportional negligence. The Sponsor specifically assumes potential liability for actions brought against the County by Sponsor's employees, including all other persons engaged in the performance of any work or service required of the Sponsor under this Agreement and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW The Sponsor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this Agreement. 12. Insurance The Sponsor shall secure and maintain in force throughout the duration of this Agreement policies of insurance as follows: Workers Compensation Insurance. 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 shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated in this Agreement. Failure of the Sponsor to take out or maintain any required insurance shall not relieve the Sponsor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise 29 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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 in this Agreement, 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 Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Sponsor. For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this Agreement. 13. Independent Contractor The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. The Sponsor specifically has the right to direct and control Contractor’s own activities and over all of its subcontractors, employees, agents and representatives in providing the agreed services in accordance with the specifications set out in this Agreement. 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 agrees to file all necessary governmental documents, including appropriate tax returns, reflecting income status as an independent contractor for services rendered to the County under this Agreement. 14. No Assignment The Sponsor shall not sublet or assign any of the services covered by this Agreement 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. 15. 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 30 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. 16. 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 into this Agreement by this reference as if fully set forth. 17. No Harassment of Discrimination Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory disability in the selection and retention of employees or procurement of materials or supplies. 18. Sponsor’s Accounting Books and Records The Sponsor shall maintain complete financial records relating to this Agreement 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 Agreement. The Sponsor’s records and accounts pertaining to this Agreement are to be kept available for inspection by the Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly authorized by the County shall have full access and the right to examine any of these materials during this period for a period of ten (10) years after the date of the final payment to Sponsor. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Copies shall be made available upon request. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. 19. 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 Agreement. 20. Disputes Except as otherwise provided in this Agreement, 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 agreed upon by the parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior 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. Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a 31 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute resolution is used. The parties shall bear their own costs and attorney’s fees in any dispute. The venue for any legal action shall 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. Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney’s fees. 21. Termination for Funding Jefferson County may unilaterally terminate this Agreement in the event funding from state, federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of this Agreement. 22. 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. 23. 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. 24. No Waiver Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 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. No term or provision of this Agreement shall 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. 25. 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. 26. Agreement Representatives All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to: Sponsor Contact Conservation Futures Program Contact [NAME] [ADDRESS] Tami Pokorny Jefferson County Environmental Public Health – Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 32 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program These addresses shall be effective until receipt by one party from the other of a written notice of any change. 27. Entire Agreement 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. 28. Severability Provided it does not result in a material change in the terms of this Agreement, 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 affected and shall be enforceable to the fullest extent permitted by law. 29. Survival Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall survive the term of this Agreement. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c) indemnification. 30. Binding on Successors, Heirs and Assigns This Agreement shall be binding upon and inure to the benefit of the parties’ successors in interest, heirs and assigns. 31. No Third-party Beneficiaries 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. 32. Signature in Counterparts 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. 33. Facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 34. Public Records Act 33 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended), the Sponsor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, shall be a “public record” subject to production to a third party if it is requested pursuant to the Washington Public Records Act. 35. Effective Date of this Agreement This Agreement shall be effective upon signing by all parties. 36. Controlling Law 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. 37. Order of Precedence If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case law. 38. Force Majeure Neither party shall be in default by reason of any failure in performance of this Agreement, if such failure arises out of causes beyond a party’s control and without fault or negligence of such party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine restrictions. 39. Attachments Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement. 40. Representations and Warranties The parties represent and warrant that: (a) Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the party for whom signature is being made; (b) Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; (c) The making and performance of this Agreement will not 34 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program violate any provision of law or of any party’s articles of incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this Agreement, that the terms of this Agreement are contractual and not merely recitals, and that they have signed this Agreement, having obtained the advice of legal counsel. DATED this ________________ day of ___________________, 20______. (SIGNATURES FOLLOW ON THE NEXT PAGE) 35 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: __________________________________ Heidi Eisenhour Date By: __________________________________ Greg Brotherton, Commissioner Date By: __________________________________ Kate Dean, Commissioner Date SEAL: ATTEST: _______________________________________ Carolyn Galloway Date Clerk of the Board Approved as to form only: ________________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney [NAME] By: ____________________________ Signature Name: _________________________ Title: __________________________ Date: __________________________ 36 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A Scope of Work [NAME], as project sponsor “Sponsor,” shall perform the following tasks in order to implement the [NAME] Project: Task 1: Acquire Matching Contribution Sponsor shall secure the necessary matching contribution of no less than seventy-nice percent ([AMOUNT]%) of the total project cost. The match must be in an eligible form consistent with JCC 3.08.030(5). Deliverable 1a: Matching contribution(s) of no less than [AMOUNT]% of the total project cost. Task 2: Acquire Grant Deed of Conservation Easement Sponsor shall acquire a grant deed of conservation easement on the subject property, APN#(s) [APN NUMBERS] that incorporates approved Conservation Futures Program language, including the language in item “C” of this Agreement. Deliverable 2a: Final draft grant deed of conservation easement Deliverable 2b: Qualifying appraisal and estimated settlement statement (HUD-1) Deliverable 2c: Recorded grant of conservation easement deed Task 3: Stewardship Plan Sponsor shall provide a plan for stewardship Deliverable 3a: Electronic copy of stewardship plan Task 4: Annual Reporting Sponsor shall monitor and report on the property as described in item “D” of this Agreement and submit required reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format provided for each year that it is required. Deliverable 4a: Completed annual reports. 37 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Exhibit A Grant Deed of Conservation Easement Exhibit B 202x Conservation Futures [PROJECT] Application Exhibit C 202x Conservation Futures Program Manual Exhibit D Resolution No. [NUMBER] End Conservation Easement Informational Template 38 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix B APPROVED PROJECTS MAP 39 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program ANNUAL REPORT FORM TEMPLATE Jefferson County Conservation Futures Program Annual Project Reporting Form TEMPLATE Project Name: Project Objectives: Parcel Number(s): Total Acreage: Month and year that CF funding was awarded: Amount of CF award:  Easement Title: Grantor: Grantee: Date of Acquisition: Purchase price:  Fee Simple Seller: Date of Acquisition: Purchase price: Entity responsible for stewardship: Plans or agreements pertaining to this acquisition: O & M funds received since acquisition (list by year): Existing and on-going activities and projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): New events, activities, projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): Needs and challenges: General progress towards project’s objectives: Completed by: Title: Organization: ______________________________________________________________________ Signature Date 40 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. 41 20232 CF Program Manual FINALDRAFT v.11 30 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix D DRAFT 2023 PROGRAM CALENDAR 2023 ROUND Draft Conservation Futures Calendar v. 11 30 2022 TU October 4, 2022 4pm-6pm Location Online – Agenda: Review Program and Materials Recommendations for 2022 TU November 8, 2022 4pm-6pm Location Hybrid - JCPH Pacific Room – Agenda: Finalize Program Materials MO December 19, 2022 1:30p.m. (tentative) – Presentation of Recommended Program Changes to BoCC Early January – Distribute RFP FR March 24, 2023 by midnight – Project applications due to staff from applicants (email only) TU March 28, 2023 9am-5pm – Site Visits (alternatively by video) TU April 4, 2023 2pm-5pm (new timeframe – shorter if fewer projects) – Project Presentations Meeting – Hybrid - JCPH Pacific Room MO April 10, 2023 Deadline for additional questions for applicants (through staff) FR April 14, 2023 Deadline for applicants to respond to questions (through staff) FR April 21, 2023 (somewhat flexible deadline) Provide scores to staff TU April 25, 2023 2pm-5pm (shorter if fewer projects) –Score, Rank and Recommend Meeting – Hybrid - JCPH Pacific Room, Port Townsend May/June – Public Hearing and Presentation of Recommendations to BoCC September/October – Review Funding Round Subcommittee Meeting September/October – Meeting to finalize changes for 2023 funding round Formatted: Indent: Left: 0", Hanging: 0.5" 1 20232 CF Program Application DRAFTFINAL 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.jefferson.wa.us with questions. Background and Eligibility Information 1. Project Title_______________________________________________________________________________ 2. Conservation Futures Acquisition Request: ______________________________________________________ Conservation Futures O&M Request: __________________________________________________________ 3. Total Conservation Futures Request: ___________________________________________________________ 4. Please indicate the type of interest contemplated in the acquisition process. __ Warranty Deed __ Easement __ Other (Please describe below.) In whose name will the property title be held after acquisition? ___________________________________________________________________________________________ 5. Applicant Information Name of Applicant or Organization: ______________________________________________________________ Contact: ____________________________________________________________________________________ Title: ______________________________________________________________________________________ Address: ____________________________________________________________________________________ Phone: (_____) _____-________, ext. ____ _______________________ Fax: (_____) _____-________, ext. ____ Email: _____________________________________________________________________________________ 6. Sponsor Information: (if different than applicant) _________________________________________________ Organization Name:___________________________________________________________________________ Contact: ____________________________________________________________________________________ Title: ______________________________________________________________________________________ Address: ____________________________________________________________________________________ Phone: (_____) _____-________, ext. ____ _______________________ Fax: (_____) _____-________, ext. ____ Email: _____________________________________________________________________________________ This application was approved by the sponsor’s legally responsible body (e.g., board, council, etc.) on ________________________ , 20___. 7. Project Location Street Address or Description of Location: 20232 Jefferson County Conservation Futures Program Property Acquisition Project and/or Operations and Maintenance Project Application 2 20232 CF Program Application DRAFTFINAL Driving Directions from Port Townsend: Section: Township: Range: Assessor’s Parcel Number(s):__________________________________________________________ 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. Please list the assessed values for each property or APN, as applicable. 8. Existing Conditions New Site: Yes No __________________________ Number of Parcels: _______________________ Addition to Existing Site: Yes No ______________ Acres to Be Acquired: _____________________ Total Project Acreage (if different):______________ Current Zoning: ________________________________ Existing Structures/Facilities: __________________________________________________________ Any current covenants, easements or restrictions on land use:_______________________________ ____________________________________________________________________________________ Current Use: ________________________________________________________________________________ Waterfront (name of body of water): ______________________________________________________________ Shoreline (linear feet): _________________________________________________________________________ Owner Tidelands/Shorelands: ___________________________________________________________________ 9. Current Property Owner __ 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. For each objective identify the metric(s) that will be measured to determine if the objective is being achieved and the time frame for meeting the identified metric. 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 the proposed use, and plans for any structures currently on the site. If applicable, describe how the site project relates to a larger conservation program (please identify), 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. 3 20232 CF Program Application DRAFTFINAL 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: Total Estimated Acquisition-related Cost (see Conservation Futures Manual for eligible costs): Total Operation and Maintenance Cost: Total Project Cost: 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): O & M only go to question #15: Scored Questions 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? 1 a. Sponsor or other organizations __will __will not contribute to acquisition of proposed site and/or operation and maintenance activities. 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 ____________ ____________ ___% Matching Funds/Resources* ____________ ____________ ___% Total Project Acquisition Cost ____________ ____________ 100% * 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? ______________________ $_________ Yes No _________ Yes No ________ ______________________ $_________ Yes No _________ Yes No ________ ______________________ $_________ Yes No _________ Yes No ________ ______________________ $_________ Yes No _________ Yes No ________ NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right will be considered as 4 20232 CF Program Application DRAFTFINAL a matching resource. Donation of resources for on-going maintenance or stewardship (“in-kind” contributions) are not eligible as a match. 2. To what degree does the project sponsor commit to provide long-term stewardship for the proposed project? 2 a. Sponsoring agency __is __is not prepared to provide long-term stewardship (easement monitoring, maintenance, up-keep, etc.) for the proposed project. 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. 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? 3 a. Describe the sponsoring agency’s previous or on-going stewardship experience. 3 b. Has the project sponsor and/or applicant 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. _____Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures funds. Please provide details: 4. To what degree is the acquisition feasible? 4 a. Property __can __cannot feasibly be acquired in a timely fashion with available resources. 4 b. Necessary commitments and agreements __are __are not in place. 4 c. All parties __are __are not in agreement on the cost of acquisition. If “not” to any of the above, please explain below. 5. To what degree is the project a part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? The proposed acquisition __is specifically identified in an adopted publically available open space, conservation, or resource preservation program or plan, or community conservation effort, that is publicly available. Please describe below, including this project’s importance to the plan. Please also 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. 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? 6 a. The proposed acquisition site __does __does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. 5 20232 CF Program Application DRAFTFINAL 6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat, and any unique qualities about the site. 7. Are the conservation values of the project commensurate with or greater than the amount of CF funds requested, and will both the timeframe for meeting project objectives and associated metrics demonstrate achievement of the conservation objectivesvalues? 7 a. Summarize the project’s conservation values and how the CF funds requested support these values. 7b. Summarize how the project’s conservation values are related to the project’s specific objectives. 8. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? 8 a.____ provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal (NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species (provide list and references). 8 b.____ provides habitat for a variety of native flora or fauna species. 8 c.____ contributes to an existing or future wildlife corridor or migration route. If affirmative in any of the above, please describe and list the Priority Habitat(s) and Threatened, Endangered, or Sensitive species below, and cite or provide documentation of species’ use.1 8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please provide details. 9. To what degree does the project protect habitat for anadromous fish species? 9 a. Describe to what degree the project protects habitat for anadromous fish species (for example: marine shorelines, stream or 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. 10. To what degree does the project preserve farmland for agricultural use OR forestland for silvicultural use? 10 a. Describe the extent and nature of current and planned agricultural or silviculture use of the proposed acquisition, including any anticipated changes to that use once the property, or property right, is acquired with Conservation Futures funds. 10 b. Describe the current owner’s record of implementing management practices that preserves and/or enhances soil, water quality, watershed function and wildlife habitat on the farm. 10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat. 10 d. Does this project preserve a mix of quality farmland and forestland? 1 See, for example, http://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amp_nh.aspx http://www.wdfw.wa.gov/conservation/phs/list/ http://www1.dnr.wa.gov/nhp/refdesk/plants.html http://www1.dnr.wa.gov/nhp/refdesk/pubs/wa_ecological_systems.pdf Commented [TP1]: Link to resource for conservation values examples. Commented [TP2]: Make identical to bold in Score Sheet. Sliding scale x 10. 6 20232 CF Program Application DRAFTFINAL 11. Climate change: 11 a. To what degree does this project increase resiliency to and/or mitigate climate change, and is the project’s scale significant in regards to increasing climate resiliency?? 12. What area does the project serve? 12 a. Describe how the proposed acquisition benefits primarily a __local area __broad county area injcluding the area served, the nature of the benefit, the jurisdictions involved, and the populations served. 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. 13. To what degree will the acquisition provide educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project? ? 13 a. 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 that will not reduce the conservation value(s) of the project.2 14. To what degree does the project preserve historic or culturally significant resources3? 14 a. The proposed acquisition __ includes historic or culturally significant resources4 and __ is registered with the National Register of Historic Places, or an equivalent program. __ is recognized locally has having historic or cultural resources. __ is adjacent to and provides a buffer for a historic or cultural site. __ none of the above. If affirmative in any of the above, please describe below, and cite or provide documentation of the historical cultural resources. O & M Stand Alone Projects 15. Applications for Operation and Maintenance funding only to be scored on a scale of 1-100 based on information provided. Consider the CF Manual and the topics below, for example: 15 a. Please describe in detail, the reason O & M funds are needed, proposed O & M activities, and how they protect resources cited in the original acquisition project. Attach additional information such as up-to-date stewardship plan, maps, field reports, work plan, budget, timeline, etc., to support the application, if appropriate. O & M projects must address a compelling, immediate need. Specifically include whether the project has an up-to-date stewardship plan. If there is such a plan, is it being implemented and is the proposed O & M work specifically included in the plan? Also, describe any unforeseen or urgent threats to the resource conservation 2 The words “education” and “interpretation” are interpreted broadly by the CF Committee. 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. 7 20232 CF Program Application DRAFTFINAL values of the site and whether the proposed O & M activities will mitigate those threats and/or prevent potential future threats. Verification 16. Sponsor commitments: 16 a. Sponsors of projects 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 funds 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 funding, and stewardship and maintenance. Sponsors receiving O & M funds 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. 16 b. If this project is approved for funding, I understand the sponsor is required to submit progress reports for three years and for any year in which O & M funds are expended. _____________Initials____________Date 16 c. If, three years after the date funding is approved by the Board of County Commissioners, the project sponsor has not obtained the required matching funds, 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 project is approved for funding, I understand that we may be required to re-submit the application if the project sponsor does not obtain the necessary matching funding within three years. _________Initials_______Date 16 d. The applicant has reviewed all project requirements and all information in the application is accurate to the best of their knowledge. _________Initials_______Date 16 e. The sponsor commits to providing long-term stewardship to achieve the conservation and protection goals of the project as proposed in this application or as may be modified with recommendation of the CF Committee and approval of the BoCC. _________Initials_______Date 1 2022 CF Program Score Sheet FINAL Please note: if none of the answers provided describe the project, answer “N/A” or “0”. ADJUSTED CRITERIA SCORE X WEIGHT = SCORE 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? ______ X 5 = _______ (Points awarded based on the following level of contribution) • Leverages significantly = 3 points • Leverages moderately = 2 points • Meets requirement = 1 point 2. To what degree does the project sponsor commit to provide long-term stewardship for the proposed project? ______ X 5 = _______ 0-3 points 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? ______ X 1 = _______ • Highly demonstrated = 5 points • Moderately demonstrated = 3 points • Slightly demonstrated = 1 point • Effectiveness not demonstrated = 0 points 4. To what degree is the acquisition feasible? ______ X 5 = _______ • Highly feasible = 5 points • Moderately feasible = 3 points • Slightly feasible = 1 point 5. To what degree is the project part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? • Public input opportunities and plan/program is directly related = 3-5 points and plan/program is directly related) • Public input but plan is general in nature, and does not specifically apply to this project = (2-4 points) • Plan or p/Program was developed without public input = (1-2 points) Sliding scale: 1-5 points ______ X 4 = _______ 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? ______ X 6 = _______ 20232 Jefferson County Conservation Futures Program Score Sheet Name______________________ Project_____________________ Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +Indent at: 0.5" Formatted: Font: English (United States) Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +Indent at: 0.5" 2 2022 CF Program Score Sheet FINAL Sliding scale: 1-5 points 7. Are the conservation values of the project commensurate with or greater than the amount of CF funds requested, and will both the timeframe for meeting project objectives and associated metrics demonstrate achievement of the conservation objectives? ______ X 10 = _______ Sliding scale: 0-5 points 8. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? (Points awarded in part based on level of documentation.) a. State of Washington Priority Habitat specific to the project and/or State or Federal (NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species (provide list and references) = 0–3 points ______ X 3 =_______ b. Variety of native flora & fauna = 0–3 points ______ X 3 =_______ c. Provides wildlife corridor or migration route = 0–3 points ______ X 3 =_______ d. Current owner participates in conservation programs that enhance wildlife habitat = 0–3 points ______ X 3 =_______ 9. To what degree does the project protect habitat for anadromous fish species? = 0–5 points ______ X 3 = ______ 10. To what degree does the project preserve farmland for agricultural use OR forestland for silvicultural use? a. Likely will maintain active agricultural or silvicultural use = 0–3 points ______ X 4 =________ b. Current owner has a record of implementing management practices that preserves and/or enhances soil, water quality, watershed function and wildlife habitat = 0–3 points ______ X 4 =________ c. Property acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat = 0–3 points ______ X 4 = _______ d. Does this project preserve a mix of quality farmland and forestland? = 0-3 points ______ X 2 = _______ 11. To what degree does this project increase resiliency to and/or mitigate climate change, and is the project’s scale significant in regards to increasing climate resiliency ? • Direct benefit and significant in scale = 2-3 points = 0-3 points (direct benefit and significant in scale 2-3 points) ______ X 5 = _______ • Iindirect benefits and minor impact based on scale = (0-2 points) ______ X 5 = _______ 12. To what degree does the project serve: a. A significant benefit area? Sliding scale: 1-3 points ______ X 4 = _______ Formatted: Block Text, Indent: Left: 0", First line: 0",Line spacing: single, Tab stops: Not at 0.25" + 4.25" + 4.75" + 5.25" + 5.75" + 6.25" + 6.75" Formatted: Bulleted + Level: 1 + Aligned at: 0.5" +Indent at: 0.75" Formatted: Indent: First line: 0" 3 2022 CF Program Score Sheet FINAL b. Is the project located in an area that is under-represented by CF funded projects? Sliding scale: 0-3 points ______ X 4 =_______ 13. To what degree will the acquisition provide educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project? _______ X 4 = _______ • Public access, with planned or educational/interpretive displays and materials, events or activities that will not reduce the conservation values of the project = 5 points • Limited public access, available space for signage and educational materials = 3 points • Remote location = 1 point • No opportunity = 0 points 14. To what degree does the project preserve historic or culturally significant resources1? ______ X 3 = _______ • Project is registered with the National Register of Historic Places, or an equivalent program = 3 points • Project is recognized locally as having historic or cultural resources = 2 points • Project is adjacent to and provides a buffer for a historic or cultural site = 1 point • None of the above = 0 points 15. For standalone O & M projects only (Sliding scale 0-100): Please describe in detail, the reason O & M funds are needed, proposed O & M activities, and how they protect resources cited in the original acquisition project. Attach additional information such as up-to-date stewardship plan, maps, field reports, work plan, budget, timeline, etc., to support the application, if appropriate. O & M projects must address a compelling, immediate need. Specifically include whether the project has an up-to-date stewardship plan. If there is such a plan, is it being implemented and is the proposed O & M work specifically included in the plan? Also, describe any unforeseen or urgent threats to the resource conservation values of the site and whether the proposed O & M activities will mitigate those threats and/or prevent potential future threats. • Is the proposed O & M work specifically described in the applicable stewardship plan? • Do the O & M funds address a compelling, immediate need? • Is the proposed O & M work specifically included in the stewardship plan? • Application addresses an unforeseen or urgent threat to the resource conservation values of the site? • Proposed activity mitigates or prevents potential future threats to the resource conservation goals of the project? 1 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. 4 2022 CF Program Score Sheet FINAL