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HomeMy WebLinkAboutRESOLUTION re Initiating Conservation Futures STATE OF WASHINGTON County of Jefferson In the Matter of Establishing a Conservation } Futures Program Application Period, Setting } An Estimated Amount of Conservation } Futures Funds Available, and Approving } Program Materials for Use in the 2023 } RESOLUTION NO. _______ Conservation Future Funding Cycle } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230, are an important means of retaining community character and accomplishing open space policies and objectives of the Jefferson County Comprehensive Plan, and; WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands, as defined in RCW 84.34.220, and; WHEREAS, the Conservation Futures Fund Citizen Oversight Committee and program staff have developed and revised program materials in accordance with Jefferson County Code Section 3.08.030, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), an application submission date shall be established no later than March 30, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), public notice shall be provided at least one month prior to the application submission date, and; WHEREAS, Public Health has estimated the amount of Conservation Futures funds available for new acquisition and operations and maintenance projects in 2023, and; WHEREAS, Jefferson County Board of County Commissioners considers it in the best public interest to establish the program application materials, period and available funding for the 2023 Conservation Futures funding cycle, NOW, THEREFORE BE IT RESOLVED by the Jefferson County Board of Commissioners as follows: 1. Jefferson County hereby approves of the 2023 draft Conservation Futures Program Manual, Application, and Score Sheet as amended. 2. The Conservation Futures application period will commence January 5, 2023 and the application submission deadline will be March 25, 2023. RESOLUTION NO. _________Establishing a Conservation Futures Program Application Period, Setting an Amount of Conservation Futures Funds Available, and Approving Program Materials for Use in the 2022 Conservation Futures Funding Cycle. 4. The total amount of Conservation Futures Funds available to the 2023 funding round is estimated to be $230,000. 5. Of this amount, up to $43,000 is estimated to be available to fund operations and maintenance projects. APPROVED AND ADOPTED this ___ day of ______________, 2023 in Port Townsend, Washington. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS __________________________________________ Heidi Eisenhour, Chair ATTEST: __________________________________________ Greg Brotherton, Member ________________________________________ Carolyn Gallaway __________________________________________ Clerk of the Board Kate Dean, Member Jefferson County Conservation Futures Program Manual 2023 Funding Cycle JeffersonCountyConservation Futures Program Manual 2023 FundingCycle 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 December 12, 2022) Mary Biskup, Citizen, District 1 Guy Dobyns, Citizen, District 3 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 Jessica Randall, Interest – Ecosystem Services David Wilkinson, Citizen, District 1 Vacant, Citizen, District 2 Vacant, Interest Table of Contents Overview…………………………………………………………………………………......3 Conservation Futures Fund Citizen Oversight Committee (CF Committee)………………...4 Project Selection………………………….………………………………………………......4 Information Sources…………………………………………………………………….…....4 Reimbursement ………………………………………………………………………….…...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 Please note: The 2023 CF Application and Scoresheet are available separately from program staff. Map of Approved Projects…………….………………………………………..APPENDIX B Definitions………………………………………………………………………APPENDIX C Draft 2023 Program Calendar ………………………………………………….APPENDIX D 2 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Overview Jefferson County welcomes your application to the Conservation Futures Program (CF Program). Please do not hesitate to contact 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. This funding cycle, applications will be due Friday, March 24th, 2023 and sponsors host site visits and present projects to the CF Committee in late March and/or early 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 generally available to project sponsors until August or later. At least every other year, the 3 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program BoCC reviews the priorities of the CF Program and the project ranking process. All meetings of the CFF Committee are open to the public. Citizens are encouraged to attend. Conservation Futures Fund Citizen Oversight 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). Questionsmay 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 CFFCMs 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, CFFCMs 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. 6. Ranking and recommendation for funding of projectapplications: 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. 4 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Information Sources The CF 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 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 bepassed 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 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. 5 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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…”). __ 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. 6 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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 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. 7 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. __ 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) 8 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program __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. 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) 9 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program __Noxious weed control __Signage __Special site-specific reports (e.g.stewardshipreports) __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: 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. 10 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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”. RequiredSiteVisit 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 CFFCMs 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 CFFCMs. Required Meeting The sponsor must request and reserve thedate 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 organizedaccording to the sequence of questions listed on the Score Sheet. CFFCMs 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 st Sponsors are required to submit an annual report by December 31 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. AdditionalReportings Attheir 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 11 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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 an 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 CFFCMs 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 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. 12 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Program Suggestions Suggestions for program improvements are always welcome and may be provided to the CFF 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. Meeting agendas are posted on the program website. 13 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program AppendixA GRANT AGREEMENT TEMPLATES (INFORMATIONAL ONLY) Fee Simple Acquisitions: JEFFERSON COUNTY CONSERVATION FUTURESPROGRAM 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’scosts 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 14 2023 CF Program Manual DRAFT v.12 09 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. st Annual reporting by the Sponsor to the County is required every year on or before December 31 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. AcquisitionO&MTotals%Match \[PROJECT $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] NAME\] – Conservation Futures Estimated Project $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] Sponsor Contribution Estimated Total $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] Project Cost 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. 15 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 11.Indemnification a.Foritscomparativeliability,eachpartyagreestoindemnify,defendandholdtheother party, its officers, officials, employees, agents and volunteers (and their marital communities), harmless from and against any claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its officers, officials, employees, agents or volunteers (and their maritalcommunities). b.Apartyshallnotberequiredtoindemnify,defend,orholdtheotherpartyoritsofficers, officials,employees,agentsandvolunteers(andtheirmaritalcommunities)harmlessifthe claim,damage,lossorexpenseforpersonalinjury,foranybodilyinjury,sickness,disease ordeathorforanydamagetoordestructionofanyproperty(includingthelossofuse resulting therefrom) is caused by the sole act or omission of the other party or its officers, officials, employees, agents or volunteers. c. If anyconcurrent act occurs or omission of the parties and their officers, officials, employees, agents and volunteers, negligent or otherwise, these indemnity provisions shall bevalid andenforceableonlyfor the comparative liability of each party andits officers, officials, employees, agents or volunteers. d. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. e. The indemnification obligations of the parties shall not be limited by the Washington State Industrial Insurance Act, Title51 RCW,or by application of any other workmen’s compensation act, disabilitybenefit act or other employee benefit act. Each party expressly waives any immunity afforded by such acts to the extent required by a party’s obligations to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents and volunteers (and their marital communities). A party’s waiver of immunity does notextend to claimsmade by its own employees directly against that party as employer. The indemnity provisions of this section are a material inducement to enter into this Agreement and have been mutually negotiated. This section shall survive the expiration or termination of this Agreement. 12. Insurance Prior to commencing work,the Contractor shall obtain atitsown cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. 16 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program a. 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 namedas an additional insured inconnection with the Contractor’s performance ofthis Agreement. This insurance shall indicate on the certificate of insurance the followingcoverage:(a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one milliondollars ($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: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability – including coverage for products and completed operations; iv. Premises – Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. BlanketContractualLiability. c. Professional Liability Insurance. The Contractorshall maintain professionalliability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an “occurrence” form. If the professional liability policy is “claims made,” then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Contractor’s sole expense. The Contractor agrees the Contractor’s insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. The County shall be named as an “additional named insured” under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public 17 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement thatthe insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance orcertificateindicating the County is an “additional insured” to a policy obtained by the Contractor refersto an endorsement (by number orname) but does notprovide thefull text of that endorsement, thenit shall bethe obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor’s 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, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. 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. j. All deductibles in the above described insurance policies shall be assumed by and be at thesole risk of the Contractor. k. Any deductiblesorself-insured retention shall be declared to and approved by the County priorto the approvalof this Agreement bythe County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. l. Insurance companies issuing the Contractor’s insurance 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 insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liabilityclaimsprovided to the Countyby a“Risk Pool” created pursuant to Ch. 48.62 RCW shallbe non-contributorywith respect to any policy of insurance theContractor must provide inorder to comply withthisAgreement. 18 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program o. The Countymay,upon the Contractor’s failure to comply withall provisionsofthis Agreement relatingto insurance, withhold payment or compensation thatwould otherwise be due to the Contractor. p. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall notaffect coverage provided to the County, its officers, officials, employees, or agents. r. The Contractor’s insuranceshall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. s. The Contractor 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 the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 13. Workers Compensation (Industrial Insurance) a. Ifand only ifthe Contractor employsany 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 Contractor, the Contractor shall maintain workers compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. 19 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program b. Workers compensation insurancecovering all employees with limitsmeeting all applicablestateand federal laws.This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker’s compensation and employer’s liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction that would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shallbe recoverable from the Contractor. 14. 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. 15. 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. 16. 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. 17. 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. 20 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 18.NoHarassmentofDiscrimination 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. 19. 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. 20. 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. 21. 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 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 22.TerminationforFunding 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. Agreement Representatives All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to: Sponsor Contact ConservationFutures Program Contact Tami Pokorny Jefferson County Environmental Public Health – Conservation Futures 615 Sheridan Street PortTownsend, WA 98368 These addresses shall be effective until receipt by one party from the other of a written notice of any change. 28. 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. 22 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 29.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. 30. 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. 31. 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. 32. 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. 33. 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. 34. Facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 35. 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. 36. Effective Date of this Agreement This Agreement shall be effective upon signing by all parties. 23 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 37.ControllingLaw 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. 38. 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. 39. 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. 40. Attachments Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement. 41. 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) 24 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSON COUNTY WASHINGTON \[SPONSOR\] Board of County Commissioners Jefferson County, Washington By:____________________________ By: __________________________________ Signature Heidi Eisenhour, Chair Date Name:_________________________ By: __________________________________ GregBrotherton,CommissionerDate Title:__________________________ Date: __________________________ By: __________________________________ Kate Dean, Commissioner Date SEAL: ATTEST: _______________________________________ Carolyn Galloway Date Clerk of the Board Approved as to form only: ________________________________________ Philip C. Hunsucker Date ChiefCivilDeputyProsecutingAttorney 25 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A Scope of Work \[SPONSOR\], as projectsponsor “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. Task2:AcquireStatutoryWarrantyDeed 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. 26 2023 CF Program Manual DRAFT v.12 09 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 ExhibitD Resolution No. \[NUMBER\] End Fee Simple Informational Template 27 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program ConservationEasementTemplate: JEFFERSON COUNTY CONSERVATION FUTURESPROGRAM PROJECT GRANT AGREEMENT Project Sponsor: \[NAME &UBINUMBER\] Project Title: \[NAME\] Contract Number: \[xxxx\] Approval:ResolutionNo.\[NUMBER\] 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.PurposeofthisAgreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund, Chapter 3.08of 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’scosts 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. 28 2023 CF Program Manual DRAFT v.12 09 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.AnnualReportingRequired st Annual reporting by the Sponsor to the County is required every year on or before December 31 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 theProject.TheSponsorshallberesponsiblefornolessthan\[AMOUNT\](\[AMOUNT\]%)percentofthetotal 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. AcquisitionO&MTotals%Match \[PROJECT $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] NAME\] – Conservation Futures Estimated Project $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] Sponsor Contribution Estimated Total $\[AMOUNT\] $\[AMOUNT\]$\[AMOUNT\] %\[AMOUNT\] Project Cost 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 a. For its comparative liability, each party agreestoindemnify, defend and hold the other party, its officers, officials, employees, agents and volunteers (and their marital communities), harmless from and against any claims, damages, losses and expenses, 29 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program including but not limitedto court costs,attorney’sfees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resultingtherefrom) whichare alleged or provento be caused by an act or omission, negligent or otherwise, of its officers, officials, employees, agents or volunteers (and their marital communities). b. A party shall not be required to indemnify, defend, or hold the other party oritsofficers, officials, employees, agentsandvolunteers (and their marital communities) harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other party or its officers, officials, employees, agents or volunteers. c. If any concurrent act occurs or omission of the parties and their officers, officials, employees, agents and volunteers, negligent or otherwise, these indemnity provisions shall be valid and enforceable only for the comparative liability of each party and its officers, officials, employees, agents or volunteers. d. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages are adjudicated. If any claim is resolved by voluntary settlement and theparties cannot agree upon apportionment of damages and defensecosts, they shall submit apportionment to binding arbitration. e. The indemnification obligations of the parties shall notbe limited by the Washington State Industrial Insurance Act, Title 51 RCW, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act. Each partyexpressly waives any immunity afforded by such acts to the extent required by a party’s obligations to indemnify, defend and hold harmless the other party, its officers, officials,employees, agents and volunteers (and their marital communities). A party’s waiver of immunity does not extend to claims made by its own employees directly against that party as employer. Theindemnityprovisionsofthissectionareamaterialinducementtoenterintothis Agreementandhavebeenmutuallynegotiated.Thissectionshallsurvivetheexpirationor terminationofthisAgreement. 12.Insurance Prior to commencing work,the Contractor shall obtain atitsown cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. 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 30 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Contractor’s performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. b. Commercial General 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: i. Broad Form Property Damage,with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability– includingcoverage for products and completed operations; iv. Premises – Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an “occurrence” form. If the professional liability policy is “claims made,” then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Contractor’s sole expense. The Contractor agrees the Contractor’s insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. The County shall be named as an “additional named insured” under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an “additional 31 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program insured” to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor’s 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, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. 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. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. l. Insurance companies issuing the Contractor’s insurance 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 insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. 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 Contractor must provide in order to comply with this Agreement. o. The County may, upon the Contractor’s failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 32 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program p. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. r. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. s. The Contractor 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 the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 13.Workers Compensation (Industrial Insurance) a. If and only if the Contractor 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 Contractor, the Contractor shall maintain workers compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Workers compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker’s compensation and employer’s liability insurance. 33 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction that would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Sponsor’s Accounting Books and Records 34 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 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. 20. 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. 21. 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 . Eachparty to this Agreement shall be responsible for their own dispute and litigation costs, including attorney’s fees. 22. 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. 23. 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. 35 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 24. 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. 25. 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. 26. 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. 27. Agreement Representatives Allwritten communications sent to the Sponsor under this Agreement shall be addressed and delivered to: SponsorContact Conservation Futures Program Contact \[NAME\] Tami Pokorny JeffersonCounty Environmental Public \[ADDRESS\]Health– Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 Theseaddressesshallbe effective until receiptbyonepartyfrom theother of a written notice of any change. 28. Entire Agreement ThisAgreement, along with all attachments, constitutes theentire agreementof the parties. Noother understandings, oralor otherwise, regarding this Agreementshallexist or bind any of the parties. 29. Severability Provided it doesnot resultin a materialchange in the terms of this Agreement,ifanyprovisionofthis 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 beenforceable tothe fullest extent permitted by law. 36 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 30. Survival Those provisionsof 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. 31. Binding on Successors, Heirs and Assigns ThisAgreement shall be binding upon and inure tothe benefit of the parties’ successors in interest, heirs and assigns. 32. No Third-party Beneficiaries The partiesdo notintend, and nothingin this Agreementshallbe construedto mean, that anyprovision inthisAgreementis for the benefit of any personor entity who is not a party. 33. Signature in Counterparts ThisAgreement 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. 34. Facsimile and Electronic Signatures The partiesagree that facsimileand electronic signaturesshall have the sameforceand effectasoriginal signatures. 35. Public Records Act Notwithstandingany 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 Sponsoragrees 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 alsoagreesthatupon receipt of any written public record request, the Sponsorshall, within twobusiness days,notify theCounty byproviding acopy of therequestperthe notice provisionsofthis Agreement. This Agreement, once executed, shall be a “public record” subject toproduction toa third party if it is requested pursuant to the Washington PublicRecordsAct. 36. Effective Date of this Agreement ThisAgreement shall be effective upon signing by all parties. 37 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program 37. Controlling Law Itis understoodand 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 whollywithinJefferson 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. 38. Order of Precedence If there is an inconsistency in the terms ofthis 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. 39. Force Majeure Neither party shallbe in defaultby reason of anyfailurein performance of this Agreement, if such failure arises outofcauses 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. 40. Attachments Any attachment to this Agreement is partof this Agreement and isincorporated by reference into this Agreement. 41. Representations and Warranties The partiesrepresent and warrant that: (a) Each personsigning this Agreement is fully authorized to enter into this Agreement on behalf of the party for whom signatureisbeing 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 provisionof 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 hasread thisAgreementin its entiretyand know thecontentsof this Agreement, that theterms of this Agreement are contractualand not merelyrecitals, 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) 38 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program JEFFERSONCOUNTY WASHINGTON\[NAME\] Board of CountyCommissioners Jefferson County, Washington By: ____________________________ By: __________________________________ Signature HeidiEisenhourDate Name:_________________________ By: __________________________________ GregBrotherton,CommissionerDateTitle:__________________________ Date:__________________________ By: __________________________________ Kate Dean,Commissioner Date SEAL: ATTEST: _______________________________________ Carolyn GallowayDate Clerk of the Board Approved as to form only: ________________________________________ Philip C.Hunsucker Date Chief Civil Deputy ProsecutingAttorney 39 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program APPENDIX A Scope of Work \[NAME\], as project sponsor “Sponsor,” shall perform thefollowing tasksinorder toimplement the \[NAME\]Project: Task1:AcquireMatchingContribution Sponsorshallsecure thenecessary matching contribution of no less than seventy-nicepercent (\[AMOUNT\]%) of thetotalprojectcost. The matchmustbe in an eligible form consistent with JCC 3.08.030(5). Deliverable1a:Matchingcontribution(s)ofnolessthan\[AMOUNT\]%ofthetotalprojectcost. Task2:Acquire GrantDeed of ConservationEasement Sponsorshallacquire a grant deed of conservation easement on the subject property, APN#(s) \[APN NUMBERS\] thatincorporatesapproved Conservation FuturesProgram language,including the language in item“C” of this Agreement. Deliverable 2a:Final draft grant deed of conservation easement Deliverable 2b: Qualifyingappraisal and estimated settlement statement (HUD-1) Deliverable 2c:Recordedgrantofconservationeasement deed Task3:Stewardship Plan Sponsor shall provide a plan for stewardship Deliverable 3a: Electronic copy of stewardship plan Task4:AnnualReporting Sponsorshallmonitorand report on the property as described in item “D” of this Agreement andsubmit required reports to the Conservation Futures Citizen Oversight Committee (through staff) in theformat provided for each year that it is required. Deliverable 4a:Completed annualreports. 40 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Exhibit A Grant Deed of Conservation Easement Exhibit B 202xConservation Futures \[PROJECT\] Application Exhibit C 202x Conservation Futures Program Manual ExhibitD Resolution No. \[NUMBER\] End Conservation Easement Informational Template 41 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Appendix B APPROVED PROJECTS MAP 42 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program ANNUALREPORT 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 43 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program AppendixC 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/orits 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. 44 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program AppendixD DRAFT2023 PROGRAM CALENDAR v.11 302022 TU October 4, 2022 4pm-6pm Online – Agenda:Review Programand Materials Recommendations for 2022 TU November 8, 2022 4pm-6pm Hybrid- JCPH Pacific Room – Agenda: Finalize Program Materials MO December 19, 2022 1:30 pm (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) FRApril 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 – PublicHearingand Presentation of Recommendations to BoCC September/October – Review Funding Round Subcommittee Meeting September/October – Meeting to finalize changes for 2023 funding round 45 2023 CF Program Manual DRAFT v.12 09 2022 http://www.co.jefferson.wa.us/560/Conservation-Futures-Program Conservation Futures Citizen OversightCommittee (CFFCOC) SpecialMeeting:Hybrid between Jefferson County Public Health Pacific Room and Zoom Connection December 6, 2022 from 4:00 to 6:00 PM Draft Summary * Decisions and action items are indicated in bold font. Members Present: Mary Biskup, District 1; Guy Dobyns, Vice Chair, District 3; Richard Jahnke, Interest – Coastal Areas; Cameron Jones, Interest – Equity; Kalyn Marab, District 3; Joanne Pontrello, District 2; Jessica Randall, Interest – Ecosystem Services; Ron Rempel, Interest – Wildlife Conservation Biology; Craig Schrader, Interest – Climate Change; Dave Wilkinson, District 1 Members Absent: Rob Harbour, Interest – Working Lands County Staff Present: Tami Pokorny, Environmental Public Health Others Present: Rebekah Brooks, Recorder (Rebekah Brooks Contracting) I. Call to Order Vice Chair Guy Dobyns called the meeting to order at 4:00 PM. II. Welcome and Introductions III. Approval of Minutes The group reviewed the minutes from the 11/8/22 JC CFFCOC Meeting. Ron Rempel requested clarification of some of the numbers put forward in Jessica Randall’s presentation. Jessica offered to schedule a separate time to go over the science behind ecosystem services in greater detail. Mary Biskup moved to accept the 11/8/22 JC CFFCOC Meeting Summary as written; Joanne Pontrelloseconded. The motion passed with one opposition. IV. Public Comments None V. Old Business A. Bylaws: Staff Update http://www.co.jefferson.wa.us December 6, 2022 Tami Pokorny reported that she had received a copy of the Solid Waste Advisory Committee (SWAC) draft Bylaws to use as a template for updating the JC CFFCOC Bylaws. *She will distribute a copy along with the current JC CFFCOC Bylawsincluding committee members’ comments. Tami welcomed any help from volunteers or a Subcommittee to to update a draft of the CFFCOC Bylaws. Sub-committee Reports VI. A.2023 Cycle Program Materials Recommendations Ron Rempelwalked the CFFCOC through the suggested changes to the Manual made by the Subcommittee. The Committee decided to go through the changes and make their recommendations under New Business at the same time. VI. NewBusiness A. CFF Committee Recommendations to the Board of County Commissioners (BoCC)for 2023 Cycle The Committee went through the suggested edits made by the Subcommittee. As the Application and Scoresheet were both reviewed and accepted at the last CFFCOC meeting, the group discussed the proposed changes to the Manual. The group accepted the addition to the Manual on page 3: “…lands primarily for their open space, wildlife habitat, agriculture and forest values and their associated non- monetized ecosystem service values.” Additional administrative changes to member names, abbreviations, and Manual edition year were recognized. The Committee discussed the proposed addition of the word “objective” to page 4Question #5: “…unless compelling objective reasons…”. Cameron Jones moved to remove the word “objective” from page 10 #5; Mary Biskup seconded. The motion passed with two opposed. Dave Wilkinson asked for discussed after the motion was seconded prior to the vote. Arguments for keeping “objective” included the urgency in the conservation movement to prove decisions with science, and the justification behindmoving one project up while not choosing to move another project up. Arguments against the word “objective” included maintaining the flexibility within the Committee to accept compelling reasons for accepting a project when there might be little to go on, and the different values that can weight a project that might be less quantitative. The motion to remove the word “objective” from page 4 #5 was revoted with one opposed. The motion passed. The group accepted the change in Question #6 from “The Committee will provide justification” to “The Committee must provide justification.” The group discussed clarification to the wording in the paragraph on page 11 under Additional Reportings, which concerns CFFCOC requests for project stewardshipreports beyond the normal reporting timeframe. Reports are required for up to 10 years after a project closes when O & M funds are involved, but as properties are required to be conserved in perpetuity, the Committee may request reports beyond this timeframe. Joanne Pontrello moved to not accept any changes to the Additional Reportings paragraph; there was no second. The motion failed. The Committee accepted the proposed changes. Tami Pokorny suggested some minor changes to the Project Changes paragraph on page 12, “The CFF Committee prefers that project change requests be presented as follows:” #5: adding “and always requires CFF Committee review and recommendations to the BoCC.” The change was accepted. B. Manual, Application, and Scoresheet Ron Rempel moved to accept the revised Manual, Application, and Scoresheet; Rick Jahnke seconded. Dave Wilkinson brought attention to a typo in the Scoresheet under #11 where x5 was accidentally struck out. The typo was corrected. The motion passed with all in favor. \[Staff note: this change was possibly in error as it causes a conflict between the Application and Scoresheet. Only one answer to Question #11, not two, is possible\]. C. Possible Future Directions Ron Rempel led discussion on possible future directions for the CFFCOC, which came up in the Subcommittee meeting. Ideas included how to better reflect the values of the local community, how to get more projects submitted, and whether the multipliers still reflected the program ideals and where it was headed. This could be addressed in the new year with more discussion from subcommittees or full Committee meetings. Jessica Randall mentioned that she is building a spreadsheet on what other Conservation Futures committees are doing. Ron added that another discussion topic is that JC is not at the full tax rate for Conservation Futures. Cameron Jones pointed out the goal of addressing equity with outreach to other organizations and revising CFFCOC materials. Mary Biskup suggested a Subcommittee to collect and bring information and options to a special meeting of the full Committee. *Cameron Jones, Joanne Pontrello, and Jessica Randall volunteered to be on the Subcommittee. *The Subcommittee will arrange to meet, and will give notice to the full Committee for a special meeting to discuss their findings. *Jessica said she would have her spreadsheet ready by 1/15/23 and will send to Tami Pokorny for distribution. Announcements/Administrative VII. A. Staff Update Tami Pokorny announced two vacancies on the JC CFFCOC. *Joanne Pontrello volunteered to be on the interview panel with Guy Dobyns since there was no Chair currently; Rick Jahnke also offered to be available if needed. The application deadline is by the end of the month, and the next elections will be at the presentation meeting in April. B.Next Meeting Site visits are scheduled for 3/28/23. Tami Pokorny mentioned that there is always the possibility for a project on the West End of Jefferson County, which would require a long site visit day. After the site visits, the next full Committee meeting is scheduled for 4/4/23 and will be the presentation and elections meeting. A special meeting may be called prior to the presentation and elections meeting to discuss Subcommittee findings. VIII. Public Comments None IX.Adjournment Jessica Randall acknowledged the disagreement between herself and Ron Rempel at the beginning of the meeting; she wished to resolve it, and invited anyone to participate. Tami Pokorny reminded the group that any gatherings may not violate the Open Public Meetings Act. Guy Dobyns added that healthy disagreements were part of the function of the group; they just needed to be able to agree on their recommendations to the BoCC. Tami noted that the revised Committee documents would be presented to the th . Vice Chair Guy Dobyns adjourned the meeting at 5:14 PM. BoCC on December 19 Action Items: *Tami Pokorny will distribute a copy of the SWAC Bylaws, along with the current JC CFFCOC Bylaws *Cameron Jones, Joanne Pontrello, and Jessica Randall volunteered to be on the Subcommittee. *The Subcommittee will arrange to meet, and will give notice to the full Committee for a special meeting to discuss their findings. *Jessica said she would have her spreadsheet ready by 1/15/23 and will send to Tami for distribution. *Joanne volunteered to be on the interview panel with Guy Dobyns since there was no Chair currently; Rick Jahnke also offered to be available if needed. Meeting summary prepared by Rebekah Brooks. 2023 Jefferson County Conservation Futures Program Property Acquisition Project and/or Operations and MaintenanceProject Application Please complete the following application in its entirety. Be sure to answer “N/A” for questions that don’t apply to the project. Incomplete applications will not be accepted for consideration. Unless directed otherwise, use as much space as needed to answer each question. Contact program staff at 379-4498 or tpokorny@co.jefferson.wa.uswith 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: 1 2023 CF Program Application DRAFT 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. 2 2023 CF Program Application DRAFT 11. Estimate costs below, including the estimated or appraised value of the propert(ies)orproperty 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 3 2023 CF Program Application DRAFT 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-termstewardship ofa similarproject? 3 a. Describe the sponsoring agency’s previous or on-going stewardship experience. 3 b. Has the project sponsor and/or applicant been involvedin 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 planthat 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. 4 2023 CF Program Application DRAFT 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, andwillboth the timeframesfor meeting project objectivesand 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. Towhat degree doestheproject preserve habitat for flora and fauna other thanhabitat 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 1 Sensitive species below, and cite or provide documentation of species’ use. 8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please provide details. 9. Towhat degree doestheproject protecthabitat 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 farmlandfor agricultural use ORforestland for silvicultural use? 10a. 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 5 2023 CF Program Application DRAFT 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? 12a. 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? 13a.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 2 improvements and any plans for public accessibility that will not reduce the conservation value(s) of the project. 3 14. To what degree does the project preserve historic or culturally significant resources? 4 14 a. The proposed acquisition __ includes historic or culturally significant resources 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 onlyto 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 values of the site and whether the proposed O & M activities will mitigate those threats and/or prevent potential future threats. 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. 6 2023 CF Program Application DRAFT 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 7 2023 CF Program Application DRAFT 2023 Jefferson County Name______________________ Conservation Futures Program Score Sheet Project_____________________ 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 = _______ 1 2022 CF Program Score Sheet FINAL DRAFT 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? ______ X 6 = _______ 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 timeframes 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 = _______ Commented \[TP1\]: This addition, the result of a decision at the 12/6/2022 CF Committee meeting, creates a conflict with the CF Application and was likely made by mistake. 12. To what degree does the project serve: 2 2022 CF Program Score Sheet FINAL DRAFT a. A significant benefit area? Sliding scale: 1-3 points ______ X 4 = _______ 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 1 14. To what degree does the project preserve historic or culturally significant resources? ______ 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. 3 2022 CF Program Score Sheet FINAL DRAFT 4 2022 CF Program Score Sheet FINAL DRAFT